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Patrick Blannin

One of the most dominant security issues of the twenty-first century has been the US led battle against transnational terrorism – the aptly named Long War. Over the past fifteen years the Long War has been examined using multiple perspectives. However, one central mechanism is missing in current Long War analyses: defence diplomacy. Defence diplomacy enhances the diplomatic and security capacity of a state, providing the only link between executive office and the ministries of foreign affairs and defence, two vital institutions in the Long War. Using a case study of US defence diplomacy in Afghanistan from 2001 to 2014, the paper argues simply that the practice of defence diplomacy far outweighs current theories on what it is, how it works and why it matters. The paper aims to generate a more nuanced understanding of defence diplomacy, as well as identify it as a key component of the US CT/COIN strategy to achieve their Long War policy objectives.

UNCITRAL Secretariat

Edited by Emmanuel Gaillard and George A. Bermann

The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention, including judges, arbitrators, practitioners, academics and Government officials.

The Guide gives clear expression to the principal finding of extensive research, namely, that the Contracting States have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.

Concurrent Powers in Federal Systems

Meaning, Making, Managing

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Edited by Nico Steytler

Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.

Prosecuting Human Rights Offences

Rethinking the Sword Function of Human Rights Law

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Krešimir Kamber

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

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Edited by Aoife Nolan, Rosa Freedman and Thérèse Murphy

The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.

The Other Australia/Japan Living Marine Resources Dispute

Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Whaling Case

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Andrew Serdy

In 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.

The Art of Making Peace

Lessons Learned from Peace Treaties

Edited by Steven van Hoogstraten, Nico Schrijver, Otto Spijkers and Anneleen de Jong

This unique volume looks at international peace treaties, at their results, effects and failures. It reflects the outcome of an international conference held in the Peace Palace (The Hague) on the occasion of the Centenary of this institution, which opened its doors on the eve of World War I.

The volume offers the reflections of the leading experts attending the conference and the open debate which followed. The Treaty of Versailles of 1919, the mother of all peace treaties, is the first to be critically discussed. How should this treaty be viewed with the knowledge of today? What are the lessons learned in the light of historic developments? Subsequently, the Dayton Agreement, which sealed the end to the bloody conflict in the former Yugoslavia (1992-1995), and the Sudan Agreement, which came into being after lengthy negotiations in 2005, are analysed in the same way. Finally, the situations which arose in relation to the devastating wars between Iran and Iraq (1980-1988) and between Kuwait and Iraq are discussed. As these states could not reach a settlement themselves, the United Nations Security Council imposed the terms of the ceasefire and peaceful cooperation in important and innovative resolutions.

The book offers additional perspective by looking at the role of judicial settlement by the International Court of Justice or the Permanent Court of Arbitration, vis-a-vis the instrument of political mediation between states with the help of a third party. Mediation can be very effective, but certain conditions are required for it to be successful, conditions which are not easy to bring about in today’s world. Dispute settlement under international law is and continues to be the core business in the Peace Palace.


'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

Integrating Maritime Security with Human Rights

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Edited by Violeta Moreno-Lax and Efthymios Papastavridis

This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

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Elspeth Guild

This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.

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Geert-Jan Alexander Knoops

This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC).
The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.