The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the...
The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this tre...
The Chernobyl disaster, "Amoco Cadiz" oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another or in global common areas. This book details the international rules and compensation procedures for governmental officials, international lawyers and jurists. It covers existing laws on international liability and the underlying legal issues that require further development.
The Chernobyl disaster, "Amoco Cadiz" oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious ad...
The concept of obligations erga omnes--obligations to the international community as a whole--has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It demonstrates that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes.
The concept of obligations erga omnes--obligations to the international community as a whole--has fascinated international lawyers for decades, yet it...
This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance...
This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half o...
The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923-1946), which was the first real permanent court of justice at the international level. Drawing on previously unpublished archival material left by judges and other persons with intimate knowledge of the Permanent Court, this book describes the ground-breaking contributions of the Permanent Court to international law.
The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International J...
Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.
Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder ...
The debate on indigenous rights has revealed some serious difficulties for current 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. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of...
The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of impo...
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the...
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 an...
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect...
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, int...