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International Peacekeeping: The Yearbook of International Peace Operations
International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. It is recognized that in today's world there is a wealth of information available from the internet and through other sources. It is therefore the goal of this Yearbook to make this information available in one publication which both organizes and records events over the course of a year through analytical articles, a chronicle, primary documents, and a bibliography. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, hu...
Rethinking the Relationship between International, EU and National Law
Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.
The Vienna Convention on the Law of Treaties in Investor-State Disputes
The Vienna Convention on the Law of Treaties (VCLT) – as the ‘treaty on treaties’ – has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This bo...
The European Court of Justice and International Courts
The Court of Justice of the European Union holds exclusive jurisdiction that extends to many international treaties, which can result in conflict of interpretation. This book compares the relationship of the Court of Justice to other courts and treaties, and examines how conflict of interpretation is largely avoided.
EU Diplomatic Law
EU Diplomatic Law provides a thorough analysis of the interactions between the European Union (EU) and international diplomatic and consular law. Over the past six decades, the EU has been granted unique powers that enable it to act prominently on the international plane, thereby developing a worldwide bilateral and multilateral diplomatic network. Much like states, the EU sends ambassadors to all corners of the world and accredits permanent missions at its Brussels' headquarters. These developments shake the foundations of diplomatic and consular law, as these branches of international law are based on the principles of state sovereignty, non-interference, and reciprocity. Traditional conce...
Intertemporal Linguistics in International Law
Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method an...
The Human Rights Covenants at 50
Half a century ago, on 16 December 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). While the adoption of the two UN human rights covenants was celebrated all over the world, their 50th anniversary has received very little attention from the international community. The present book marks this anniversary by taking stock of the first half-century of the existence of what are probably the world's two most important human rights treaties. It does so by reflecting on what the covenants have achieved (or failed to achieve) in the years that have passed, by determ...
Is International Law International?
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Threats of Force and International Law
Threats of force are an inherent part of communication between some States. One prominent example is the 2017–2018 crisis in relations between the United States and North Korea, marked by multiple threats issued by both sides. Yet, despite the fact that States seem to use threats of force with unlimited freedom, they are prohibited by international law. This book presents threats of force from the perspective of the practice of States. Thus, the book is based on an examination of multiple cases when States reported threats of force. It describes what threats of force are, examines the status of the prohibition of threats of force as a legal norm, presents examples and describes the mechanisms that are available for States in case threats occur, as well as their legal consequences. The book will be an invaluable resource for academics and researchers in the areas of international security law, public international law, law of armed conflict and international relations.
Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? ...
