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Projecting religious offence on a global scale has become tantalisingly easy. While Salman Rushdie had to write a voluminous novel to prompt worldwide outrage, his lesser epigones can content themselves with caricatures or video-clips on the internet. But should global outrage also entail global sanctions? Should international law prohibit blasphemy? This book examines these questions.
How can a population influence decision-making on post-conflict reconstruction? Written with scholars, practitioners, and students of international law and politics in mind, Popular Governance of Post-Conflict Reconstruction combines detailed accounts of extant international law with case studies of the practice in Sierra Leone and Afghanistan.
Recent developments in deep-sea technology, that make possible the recovery of materials from virtually the entire ocean floor, mean that marine treasure hunting has become a matter of major international interest. Sarah Dromgoole provides a clear and well-informed account of the complex and controversial international legal framework governing this issue.
Kirsten Sellars analyses the Allies' prosecution of the German and Japanese leaders for 'crimes against peace' - planning and waging aggressive war - at the Nuremberg and Tokyo tribunals in the mid-1940s. This legal experiment is still relevant, especially to lawyers, policy-makers and scholars engaged in international law and international relations today.
Experts agree that cooperation is vital if we are to solve the challenges posed to transboundary freshwater systems by climate change, population growth and growing water demand. This examination of the legal aspects of cooperation is intended for international lawyers, water practitioners, students and anyone interested in international water management.
Conor McCarthy explores the Rome Statute's regime of victim redress, including its reparations regime and the ICC Trust Fund for Victims, and asks what role it can play alongside existing regimes for victim redress and whether it has a contribution to make in the administration of international criminal justice.
This systematic analysis of the international rules on complicit States in controversial cases such as the 2003 Iraq war or the detention of terrorist suspects combines analysis of international practice with a rule of law approach and demonstrates that international law provides for rules on State complicity.
The proliferation of private military and security companies (PMSCs) in armed conflict raises concerns about state control of military/security activities. Hannah Tonkin critically analyses the key international obligations on states to control PMSCs in armed conflict and identifies the circumstances in which PMSC misconduct may lead to state responsibility.
Judicial bodies, in particular international tribunals, have made a profound contribution to the development of international humanitarian law. Shane Darcy provides an engaging and thoughtful analysis of the judicial role in clarifying and elaborating the law of armed conflict.
This original and daring book asks the simple but overlooked question of whether genocide is in fact the 'ultimate crime'. It begins by challenging the myth that other international crimes are less important and goes on to explore the sensibility of reducing overwhelming evil to the confines of legal reasoning.
Decolonising International Law unravels the imperial and emancipatory nature of international law, showing how the idea of economic growth forecloses law's promise of justice, and how the concept of development interacts with the structure of international law to maintain global inequality.
This book explains the phenomenon of states' compliance with human rights tribunals' rulings using theories from international law, human rights, and international relations.
In this book Alison Duxbury provides international lawyers and international relations specialists with the first examination of the role of human rights and democracy in determining membership of a broad range of universal, regional and specialised organisations at both the admission and exclusion stages.
Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. International Law and the Arctic explains these developments in a manner that is accessible to lawyers and non-lawyers alike.
By examining UN operations including international territorial administration, the implementation of sanctions and the provision of humanitarian aid, this book demonstrates that the powers exercised by the UN carry a serious risk of human rights abuse.
Vicarious liability is controversial: a principle of strict liability in an area of law dominated by fault-based liability. This book provides a detailed examination of the operation of the concept in both common and civil law legal systems.
As public debt soars, a new wave of sovereign defaults looms. Michael Waibel examines 150 years of international dispute resolution on sovereign defaults. The observed continuity in the law and policy governing sovereign defaults suggests avenues for building durable institutions capable of resolving future sovereign defaults.
This book presents the first sustained critique of transnational 'rule of law promotion', an expansive industry driving global development and security policy today. Combining historical, theoretical and practical inquiry, his book should be read by all those interested in the role of law in shaping political and economic priorities worldwide.
The worldwide crisis in fisheries provokes diverse legal responses. Trade measures and species protection now accompany more established management efforts under the law of the sea. Yet international law is ill-equipped to address institutional diversity and normative fragmentation. Practical engagement with overlapping legal regimes and new theoretical conceptions are needed.
By canvassing a range of international scientific disputes, Caroline E. Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence, advises on the boundary emerging between the roles of experts and tribunals, and evaluates methods for dealing with important subsequent scientific discoveries.
Jacqueline Peel examines the role of science in international risk regulation in areas from climate change to food safety. It will appeal to international legal practitioners wanting to understand law's part in managing global risks and risk-assessment professionals interested in improving the use of science in international legal processes.
Tom Ruys examines to what extent the right of self-defence permits States to engage in military operations against State and non-State actors in light of the developments since 9/11 and the interventions in Afghanistan and Iraq. The occurrence of an 'armed attack' is a particular focus.
A comparative study of shipping interdiction, which considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism.
This 2005 book concentrates on the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, with regard to international relations theory.
Since 2006, scholars and practitioners have debated whether transitional justice and international criminal law could and/or should engage with economic, social and cultural abuses. Evelyne Schmid's systematic examination of the question will appeal to those working in international criminal law, human rights law, international humanitarian law and post-conflict justice reform.
This 2007 book explains why sanctions are applied, the type of sanctions that can be used and the range of UN bodies that play a role in administering and monitoring sanctions. The book also explains how UN sanctions often undermine the rule of law, and suggests simple reform proposals.
Voon examines how WTO rules apply to 'cultural products', such as film, radio, music and books. Freer trade in these products has caused different reactions among Members. This 2007 book explains the situation and proposes reforms to better balance members' different objectives.
This book seeks to comment upon the nature, scope and effect of two important remedies in the adjudication of boundary disputes, namely the remedies of interpretation and revision. It examines these remedies by looking at their basic legal nature and the principles on which these remedies can be applied.
The debate on indigenous rights has revealed some serious difficulties for international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law.
This 2006 book charts in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, and analyses in depth their many often-overlapping provisions.
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