The Irish Yearbook of International Law, Volume 15, 2020
The Irish Yearbook of International Law, Volume 15, 2020

Author: Bríd Ní Ghráinne

Publisher: Bloomsbury Publishing

Published: 2023-04-06

Total Pages: 279

ISBN-13: 1509966307

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The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.

New Zealand Yearbook of International Law
New Zealand Yearbook of International Law

Author:

Publisher: BRILL

Published: 2020-05-18

Total Pages: 466

ISBN-13: 9004423265

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The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2018 to 31 December 2018.

General Principles as a Source of International Law
General Principles as a Source of International Law

Author: Imogen Saunders

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 304

ISBN-13: 1509936084

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This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

New Zealand Yearbook of International Law: Volume 14, 2016
New Zealand Yearbook of International Law: Volume 14, 2016

Author: Christian Riffel

Publisher: New Zealand Yearbook of Intern

Published: 2018-02-08

Total Pages: 386

ISBN-13: 9789004345904

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The New Zealand Yearbook of International Lawis an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual 'Year-in-Review' of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.This Yearbook covers the period 1 January 2016 to 31 December 2016.

The Concept of Unity in Public International Law
The Concept of Unity in Public International Law

Author: Mario Prost

Publisher: Bloomsbury Publishing

Published: 2012-03-15

Total Pages: 259

ISBN-13: 1847319173

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'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.

The Right to a Fair Trial in International Law
The Right to a Fair Trial in International Law

Author: Amal Clooney

Publisher: Oxford University Press, USA

Published: 2021-02-11

Total Pages: 1057

ISBN-13: 0198808399

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This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Security and International Law
Security and International Law

Author: Mary E Footer

Publisher: Bloomsbury Publishing

Published: 2016-06-16

Total Pages: 404

ISBN-13: 1782255893

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Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?

International Organisations, Non-State Actors and the Formation of Customary International Law
International Organisations, Non-State Actors and the Formation of Customary International Law

Author: Jean D'Aspremont

Publisher: Melland Schill Perspectives on

Published: 2020-12-07

Total Pages: 464

ISBN-13: 9781526134158

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This collection of essays provides a comprehensive study of the theory and practice on the contribution of international organisations and non-state actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researcher in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making. This volume includes a contribution by Michael Wood, the Special Rapporteur of the International Law Commission on the identification of customary international law, a contribution by Iris Müller, legal advisor of the International Committee of the Red Cross, as well as chapters from some of the most authoritative and established experts on the sources of international law.

Promises of States under International Law
Promises of States under International Law

Author: Christian Eckart

Publisher: Bloomsbury Publishing

Published: 2012-01-10

Total Pages: 356

ISBN-13: 1847318770

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Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations 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. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

Asian Yearbook of International Law, Volume 24 (2018)
Asian Yearbook of International Law, Volume 24 (2018)

Author: Seokwoo Lee

Publisher: BRILL

Published: 2020-11-30

Total Pages: 477

ISBN-13: 9004437789

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Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).