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.
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Strategic Models and Factors
Antonios E. Platsas
This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
Challenges and Perspectives
The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
Righting Wrongs after Conflict
Lea Brilmayer, Chiara Giorgetti and Lorraine Charlton
International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.
The Case of Individual Victims of Human Rights Violations
Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
Bulk Fresh Water, Irrigation Subsidies and Virtual Water
It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.
Edited by Larissa van den Herik
The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
This research review discusses traditional and contemporary works by leading scholars in international humanitarian law. It investigates the major themes of the field including the development of international humanitarian law, human rights law, international criminal law, gender-related violence in armed conflict, the changing nature of occupation and cyber war.
Edited by Cheryl Lawther, Luke Moffett and Dov Jacobs
Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.
Towards Default Arbitration
Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.