This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion. As such, it aims to contribute fresh input to a contemporary discussion at the heart of...

This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage

This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States'...

This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law. It represents a very timely contribution to the debate concerning the nature, the aims and purpose of foreign interventions in the affairs of sovereign countries. International lawyers have focussed on the important questions of the legal regime applicable to the conduct of the occupant and the authoritative decision-making processes by international institutions, but often neglected the broader and decisive question of the...

A Theory of International Terrorism studies Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. These contexts have shaped a global ontology of Islamic terrorism, which asserts that puritan Islam is inherently violent and Muslim militants are addicted to carnage. This ontology is significantly changing international law. It defends the preemptive war on terror and disregards civil liberties, prescribing extra-judicial killings, torture, renditions, indefinite detentions, and numerous other human rights...

This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or...

The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual's standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the...

To become fully aware of the original and radical character of his transcendental phenomenology Edmund Husserl must be located within the historical tradition of Western philosophy. Although he was not a historian of philosophy, Husserl's his- torical reflections convinced him that phenomenology is the necessary culmination of a centuries-old endeavor and the solution to the contemporary crisis in European science and European humanity itself.l This teleological viewpoint re- quires the commentator to consider the tradition of Western philosophy from Husserl's own perspective. Husserl...

This book deals with the question of national sovereignty and States' participation in International Organizations, whether traditional or supranational ones. Although there has been much discussion on the problems posed by the transference of sovereignty, this volume provides an original insight in that transfer of state sovereignty is approached as a dynamic process that can be divided into three different phases. Part one, called the initial phase', focuses on the examination of the domestic legal basis for the transfer of state sovereignty. Part two, the transfer phase', investigates how...

This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human...