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,...

This book aims to enhance understanding of the interactions between the international and national rule of law. It does so by demonstrating that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this flexibility might come at the expense of the certainty of international law, it suggests that the international rule of law in relation to...

Incitement to terrorism, propaganda for war, asylum in embassies: diplomatic interference embraces a wide range of conduct, and its consequences can be severe. This is the first academic study to investigate this important phenomenon and to provide an evaluation under international law. Diplomatic interference carries considerable potential for disruption. In this context, diplomats have been accused of insulting behaviour, the funding of political parties, incitement to terrorism and even attempts to topple the host government. Reactions can be harsh: expulsions are common and, occasionally,...

The role and position of non-State actors in international law is the subject of a longstanding and intensive scholarly debate. This handbook 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. The book provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. The relevant non-State actors...

This book examines the role of international investment treaties in fostering good governance and rule of law on a national plane. Although they were historically designed to protect foreign undertakings from opportunistic governmental behaviour, international investment treaties have gradually come to be interpreted as also requiring host States to maintain good governance standards in their dealings with foreign investors. Lack of transparency, stability, predictability as well as the lack of effective remedies and enforcement mechanisms at a national level can now lead to a host State's...

It has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more 'rights respecting' approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and...

The objective of this book is to identify similarities and differences between the positions of Finland (as an EU Member State) and China, on Arctic law and governance. The book compares Finnish and Chinese legal and policy stances in specific policy areas of relevance for the Arctic, including maritime sovereignty, scientific research, marine protected areas, the Svalbard Treaty and Arctic Council participation. Building on these findings, the book offers general conclusions on Finnish and Chinese approaches to Arctic governance and international law, as well as new theoretical insights on...

The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses - e.g. Art 62(1) of the American Convention on Human Rights) and, especially, the Optional Clause (Art 36(2) of the Statute of the International Court of Justice (ICJ) - can be characterized and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of...

The extent of human suffering arising from armed conflicts, forced displacement, and natural disasters is unfortunately well known. Yet pitted against such forces of destruction are individuals, local communities, and international organisations responding to the humanitarian imperative to alleviate suffering wherever it may be found. The twin components of humanitarian action-encompassing material assistance and the protection of persons-therefore provide a counter-balance to the serious harms that humans and nature can create. Recent years have seen an exponential growth in such...

This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state...