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This book tracks the contributions to the development of human rights law made by judges of the International Court of Justice.
This book responds to the contemporary challenges faced by the international protection regime, in particular the human rights of those displaced.
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 development of collective security by regional organisations particularly after the Cold War.
This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.
In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.
This book, written by leading experts, comprehensively analyses the suitability of existing legal tools to enforce rules prohibiting terrorism.
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 book covers the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms.
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.
This book follows and complements the previous volume Biotechnology and International Law (Hart 2006) bringing a specific focus on human rights.
This book is systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved.
This book is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration.
This book evaluates the concept of human security in terms of international law and sheds light on debates about it's potential and limitations.
In this book international lawyers address the intellectual challenges concerning African states and peoples contributions to international law.
This book, written by leading experts, comprehensively analyses the suitability of existing legal tools to enforce rules prohibiting terrorism.
This book deals with the proliferation of SALW and their unregulated trade and transfer across borders.
The book investigates whether amnesty entails violation of a state's international obligations or whether it can contribute to peace and justice.
This book assesses whether the 'war on terror' can be accommodated within the existing legal framework limiting the use of force.
This book reviews state responses to terrorist violence and assesses the effects of modern counterterrorism law and policies on democratic states.
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