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Governance, Independence and Impartiality
Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing the strengths and weaknesses of their institutional forms in supporting the governance, independence and impartiality of these pioneering criminal justice bodies.
Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
Governance, Independence and Impartiality
Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing the strengths and weaknesses of their institutional forms in supporting the governance, independence and impartiality of these pioneering criminal justice bodies.
Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
Largely overlooked in the otherwise comprehensive literature on international criminal justice, this book focuses on “parenthood”, “oversight” and “ownership” by the tribunals’ governing bodies, concepts unnecessary in national jurisdictions, and traces the tension between governance and judicial independence through the different phases of the tribunals’ lifecycles: from their establishment to commencement of operations, completion of mandates and closure, and finally to the “afterlife” of their residual phase.
Volume 2 (2019)
The
Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. The Thematic Section of Volume 2, entitled ‘Disasters and…: Exploring New Areas of Research’, was conceived to critically assess the relationship between disasters and a variety of different branches, topics or theoretical approaches pertaining to international law, as a means of focusing attention toward less explored and emerging fields of study and practice.
Volume 2 (2019)
The
Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. The Thematic Section of Volume 2, entitled ‘Disasters and…: Exploring New Areas of Research’, was conceived to critically assess the relationship between disasters and a variety of different branches, topics or theoretical approaches pertaining to international law, as a means of focusing attention toward less explored and emerging fields of study and practice.
State practice in the law of the sea has continued to evolve since publication of the 3rd edition of
Excessive Maritime Claims in 2012. In this 4th edition, J. Ashley Roach has brought the text up to date, particularly as to the provisions relating to the balance of navigational rights and freedoms with the interests of coastal and island States. Of particular interest are the more detailed explanations of the phrase “freedom of navigation”; the expanded material on baselines and on the practice of archipelagic States, the revisions of the material on the continental shelf, on marine data collection, on submarine cables and pipelines, and US Ocean Policy. A new chapter has been added on islands and other maritime features.
This edition is dedicated to Dr. Robert W. Smith, the premier marine geographer.
This edition is dedicated to Dr. Robert W. Smith, the premier marine geographer.
Fourth Edition
State practice in the law of the sea has continued to evolve since publication of the 3rd edition of
Excessive Maritime Claims in 2012. In this 4th edition, J. Ashley Roach has brought the text up to date, particularly as to the provisions relating to the balance of navigational rights and freedoms with the interests of coastal and island States. Of particular interest are the more detailed explanations of the phrase “freedom of navigation”; the expanded material on baselines and on the practice of archipelagic States, the revisions of the material on the continental shelf, on marine data collection, on submarine cables and pipelines, and US Ocean Policy. A new chapter has been added on islands and other maritime features.
This edition is dedicated to Dr. Robert W. Smith, the premier marine geographer.
This edition is dedicated to Dr. Robert W. Smith, the premier marine geographer.
Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.
Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.
Implications for the Future Directions of International Water Law
Implications for the Future Directions of International Water Law
Developments in the Definition of Islands under the International Law of the Sea
Developments in the Definition of Islands under the International Law of the Sea
The
Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the
Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes. Volume 23 covers 2018 and features ten stories of international law spanning across the last century.
The
Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the
Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes. Volume 23 covers 2018 and features ten stories of international law spanning across the last century.
In
General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights.
What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law?
These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law?
These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
In
General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights.
What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law?
These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law?
These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
Which Way Forward?
Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In
Universal Civil Jurisdiction – Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice. Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim’s claim? Trends at the international and the domestic level after the
Naït-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.
Which Way Forward?
Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In
Universal Civil Jurisdiction – Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice. Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim’s claim? Trends at the international and the domestic level after the
Naït-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.
Editor:
Giuseppe Nesi
Associate Editor:
Daniele Amoroso
Volume XXIX of
The Italian Yearbook of International Law opens with a Symposium on the challenges to multilateralism in international trade law. The Symposium addresses:
i) the crisis of the WTO Appellate Body and possible ways out, with a focus on the EU-backed Multi-Party Interim Appeal Arbitration Arrangement;
ii) the compatibility of regional trade agreements with the WTO system, having particular regard to the African Continental Free Trade Area;
iii) the increasing reliance on national security clauses in trade disputes. The Volume further contains articles on the attribution to States of the conduct of State-owned enterprises; the human rights-oriented evolution of BITs; and the reform of investor-State dispute settlement. It also features timely contributions on the Italian response to exploitation of migrant workers in the agricultural sector; the agreement between Italy and Niger on defence cooperation; the Italian regime on screening procedures for foreign investments; the
Viola v. Italy judgment by the European Court of Human Rights; and the Italian legislation addressing a no-deal Brexit scenario. As in every volume the following sections deal with the
Practice of International Courts and Tribunals and
Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2019, a book review section, and an analytical index for easy consultation and reference to materials cited in the
Yearbook.
Published with the contribution of ENI.
Editor:
Giuseppe Nesi
Volume XXIX of
The Italian Yearbook of International Law opens with a Symposium on the challenges to multilateralism in international trade law. The Symposium addresses:
i) the crisis of the WTO Appellate Body and possible ways out, with a focus on the EU-backed Multi-Party Interim Appeal Arbitration Arrangement;
ii) the compatibility of regional trade agreements with the WTO system, having particular regard to the African Continental Free Trade Area;
iii) the increasing reliance on national security clauses in trade disputes. The Volume further contains articles on the attribution to States of the conduct of State-owned enterprises; the human rights-oriented evolution of BITs; and the reform of investor-State dispute settlement. It also features timely contributions on the Italian response to exploitation of migrant workers in the agricultural sector; the agreement between Italy and Niger on defence cooperation; the Italian regime on screening procedures for foreign investments; the
Viola v. Italy judgment by the European Court of Human Rights; and the Italian legislation addressing a no-deal Brexit scenario. As in every volume the following sections deal with the
Practice of International Courts and Tribunals and
Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2019, a book review section, and an analytical index for easy consultation and reference to materials cited in the
Yearbook.
Published with the contribution of ENI.