How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyzes systemic similarities and differences between the two to examine how they are each designed to achieve their specific goals. He describes the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. He covers all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America.

From the Congress of Vienna to the "war on terrorism," the roles of "great powers and outlaw states" have had a major impact on international relations. Gerry Simpson describes the ways in which an international legal order based on "sovereign equality" has accommodated the great powers and regulated outlaw states since the beginning of the nineteenth century. Simpson also offers a way of understanding recent transformations in the global political order by recalling the lessons of the past--in particular, through the recent violent conflicts in Kosovo and Afghanistan.

This comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere nonviolent dispute resolution, Jolowicz conducts a comparative examination of procedural law in an attempt to explain the ideas that underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules will have on the character of English procedural law.

This is the first attempt to deal with trusts on a comparative law basis. The book examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.

This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject,...

There is considerable writing on the laws designed to regulate war, but most of this material is devoted to international wars between different states. Lindsay Moir examines the laws which exist to protect civilians caught up in armed conflicts within a single state. This book traces the development of international law from the nineteenth century, up to events arising from the conflicts in Rwanda and the former Yugoslavia. It demonstrates how human rights can offer protection during armed conflict and how effectively (and by whom) the relevant rules can be enforced.

When does international law give a group the right to choose its sovereignty? In an original perspective on this familiar question, Knop analyzes the ways that many of the groups that the right of self-determination most affects--including colonies, ethnic nations, indigenous peoples and women--have been marginalized in its interpretation. Her analysis also reveals that key cases have grappled with this problem of diversity. Challenges by marginalized groups to the culture or gender biases of international law emerge as integral to the cases, as do attempts to meet these challenges.

Humanitarian intervention seemed to promise a world in which human rights would be privileged over national interests or imperial ambitions during the 1990s. This book argues that humanitarian intervention had far more exploitative effects and draws on feminist, postcolonial, legal and psychoanalytic theory to provide an innovative reading of the narratives accompanying humanitarian intervention, a field which has received very little critical analysis. It concludes by considering what has been lost in the transference of concerns from humanitarian intervention to the war on terror.

This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in...

How do trade agreements interact with agreements on human rights or the environment? In case of conflict, which agreement should prevail? Must trade disputes be examined only from the angle of trade rules or should account be taken also of non-trade values? Joost Pauwelyn considers these questions and reveals how the different rules of international law interact, with the aid of procedural guidelines when conflict occurs. This book interests trade diplomats, international civil servants, lawyers, NGOs and scholars of public international law and international trade law.