This Companion is a one-stop reference resource on the Phnom Penh based ‘Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court’s practical and jurisprudential challenges and outcomes. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal’s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around six themes: legality, structure, proceedings, jurisprudence, legitimacy and legacy. This comprehensive Companion will provide a platform for interested sectors of domestic and international society, to assess the value of the Extraordinary Chambers, both during the tribunal’s lifespan and after it has closed its doors.
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Law, Practice and Procedure
P. Chandrasekhara Rao and Philippe Gautier
This book provides a first-hand insight into the constitution, jurisdiction, procedure and judicial practice of the International Tribunal for the Law of the Sea. It provides a valuable guide to the jurisprudence of the Tribunal over the past 20 years, and serves as a reference point for practical information on how cases are received and handled by the Tribunal.
Donald R. Rothwell and Alan D. Hemmings
This research review provides a comprehensive overview of the law of the polar regions. It traces the historical development of polar law in the Arctic and Antarctic and then assesses in detail the specific legal regimes that have developed for both regions. Common elements are traced in assessing recent and future developments in international polar law as it has evolved from a narrow legal discourse into one that reflects a significant body of international law for regions that have increasing significance in global affairs. This research review will be an important resource for students, academics and practitioners.
Law of the Environment and Armed Conflict discusses the most important and influential research articles relating to the protection of the environment in armed conflict. This Research Review plots the trajectory of research on this issue from early weapons impacts and the Vietnam War, to the first major challenge for wartime environmental protections in the Gulf Conflict, liability for harm and possible future directions.
Legal and Policy Aspects
Edited by Jan Wouters, Philip De Man and Rik Hansen
Commercial Uses of Space and Space Tourism combines the perspectives of academics, policy makers and major industry players around three central themes connected to commercial spacefaring: the international legal challenges posed by the dramatic changes to the spacefaring landscape through privatisation and commercialisation; the corresponding legal and regulatory responses to these challenges at the national level; and related topical questions of global space governance.
The Emergence of the Business and Human Rights Regime as Transnational Law
This book traces the development of the Business & Human Rights (BHR) regime that has so far culminated with the United Nations Guiding Principles on Business and Human Rights. It first surveys the argumentation and negotiation strategies that led to agreement on key elements of the BHR regime despite a range conflicting interests across stakeholders from public, private and not-for-profit organisations. It then maps out pro-active regulatory strategies and public-private regulation for promoting responsible business conduct, offering insights for civil society, public regulators, business managers, academics and others. The book will assist engaged parties in structuring their arguments within negotiation processes with a view to enhancing their influence on change in business organisations in support of sustainability and new norms of conduct.
The Evolution of Australian Policy on Trade and Investment
Andrew D. Mitchell, Elizabeth Sheargold and Tania Voon
Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.
Towards an Integrative Approach
Edited by Harmen Van der Wilt and Christophe Paulussen
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
Linda J. Silberman and Franco Ferrari
This research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.
Edited by Jens David Ohlin
The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.