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This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies.

This book offers comprehensive institutional, thematic and regional analysis of the Declaration on the Rights of Indigenous Peoples.

This book provides a rigorous application of international legal rules governing the proper interpretation of the institutions' mandates.

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the 21st century.

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives.Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors'' position in international law - neo-positivism, the policy-oriented approach and transnational law - are covered at the beginning of the book, and the essential political science perspectives - on non-state actors'' role in international politics and globalisation, as well as their soft power - are presented at the end.

Rebellious Jurisprudence is the first attempt to construct a theory of judicial dissent as a matter of general international law. Although dissenting and separate opinions are typically associated with the common law tradition, the right of judges to issue such opinions has been recognised and reproduced across most international tribunals. Despite this, until now no attempt has been made to theorise the institutionalisation of judicial dissent in international law and its implications for how international tribunals discharge their functions. This study offers a theory of judicial dissent that addresses its ubiquity in international law, notwithstanding the often-fundamental disagreement between the principal legal cultures as to its effects. Rebellious Jurisprudence explores how insights from social anthropology - specifically ritual theory - supplement conventional accounts of judicial dissent. Whereas existing literature focuses upon 'revolutionary' or 'radical' dissent, this study expands our field of focus to sharpen our understanding of the 'everyday' dissent: the (rebellious) 'institutional dissent'.By revealing how judicial dissent operates, and to what ends, Rebellious Jurisprudence is essential reading for those who regularly engage with judicial dissent by international judges - whether judges, practitioners, scholars or students - who seek to deepen their understanding of, and in turn enhance the accuracy and effectiveness by which they engage with, this burgeoning body of jurisprudential activity.

This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.

This book, written by leading experts, comprehensively analyses the suitability of existing legal tools to enforce rules prohibiting terrorism.

This work focuses on whether the use of nuclear weapons during international armed conflict violates existing norms of public international law.

This book constructs a version of property that articulates both its private and public function and restores some balance to the discourse.

The book investigates whether amnesty entails violation of a state's international obligations or whether it can contribute to peace and justice.

This book considers the link between the discipline of international lawyers and the foundations issues of jurisprudential method.

This book addresses a broad range of theoretical and practical aspects of the question of allocation of authority in international law.

The aim of this book is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation.

This edited collection focuses upon the growth and complexity of legal methods used in international dispute settlement, which includes judicial settlement, arbitration and other legal means.

This book considers the effects of sovereignty and bilateralism on the Gibraltar dispute, and examines the resulting deficits of governance.

This book explores how contract claims against states are dealt with in the parallel processes of treaty-based and contract-based arbitration.

Based on author's thesis (doctoral), University of Meunster, 2013.

In this powerfully argued book, Conklin critically evaluates traditional efforts to recognise and reduce statelessness.

This book analyses the legal questions raised by terrorism, and efforts to fight it, from the perspective of international humanitarian law.

This book is the second in a series which addresses practical issues relating to contracting under the Cape Town Convention.

This book explores the importance of legal contexts and institutional settings to international law-interpretation and application.

This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law).

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption.

The law governing unilateral declarations of intention by states is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law.

This book aims to enhance our understanding of how international and national courts can, and do, contribute to or mitigate problems associated with fragmentation. It contains case studies from international regimes (eg WTO, IMF, ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK).

Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. This book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants.