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With millions of individuals around the world affected by the consequences of armed conflict and displacement, the need for a stronger, more coherent and effective legal framework relating to the right not to be displaced, to return home and to property restitution becomes even more compelling. This volume combines critical comparative perspectives on questions relating to displacement caused by armed conflict on the basis of national and international law looking at a number of case studies from Europe, Africa and the Americas. The book particularly focuses on whether a right not to be displaced and to return home as well as to property restitution exists in contemporary international law.

Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region¿s historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

Takes the ten-year anniversary of 9/11 as a point at which to review the impact on the theory and practice of self-determination caused by wider anti-terrorist action and a growing disregard of the laws of armed conflict.

Considers the extent to which States are held accountable for breaches of jus cogens norms under international law. This book sets a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined.

Looks at the application of human rights to non-state actors in international economic law. Focusing on the World Bank, the International Monetary Fund, the World Trade Organization and multinational enterprises, this book examines various legal obligations of these actors and evaluates proposals for reform.

Explores the implications of a multipolar world for the development of international law, including contributions from Nigel White, Michael Schmitt, Alexander Orakhelashvili and Christian Pippan. This title also explores issues including the use of force, regionalism and the relevance of the UN, considering the relationship between power and law.

Explores the topic of how collective and community issues should be protected and enforced in international law. This book looks at the issue of third-State countermeasures, and addresses both the theory and practice of third-State countermeasures within international law.

This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law, while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, and scholars of international relations and all those interested in how the international community of States organises itself.

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court's decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism or piracy. In short, it was and remains a thoroughly modern decision - a landmark for international law; and one which today needs to be revisited sixty years later.Taking a critical approach, this book examines the decision's influence on international law generally and on some fields of international law like the law of the sea or the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including five well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary problems in international law.

Contains contributions from scholars in international law, who consider the idea of international organisations as autonomous entities, and explore the difficulties of theorising autonomy in a decentralised legal system, where autonomy appears as both desirable and dangerous at the same time.

Explores the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. This book provides an account of the unifying themes and exhibits the diversity of concerns and approaches.

Brings together the relevant documentary sources on the law of consular access, with significant excerpts set alongside commentary on the documents. This book includes other sources, such as bilateral and multilateral treaties, and key court cases from various jurisdictions.

The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.

The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.