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Edited by Ferdinand J.M. Feldbrugge

Law, as we know it, with its rules and rituals, its procedures and professionals, has not been around forever. It came into being, it emerged, at different places and different times. Sources which allow us to observe the processes of law’s beginnings have survived in some cases.
In this book, scholars from various disciplines–linguists, lawyers, historians, anthropologists–present their findings concerning the earliest legal systems of a great variety of peoples and civilizations, from Mesopotamia and Ancient India to Greece and Rome, from the early Germanic, Celtic and Slavic nations, but also from other parts of the world. The general picture is complemented by an investigation into the Indo-European roots of a number of ancient legal systems, contributions from the point of view of legal philosophy and theory, and an overview of the insights gained.

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination.
The Special Theme of this volume is: Civil Conflicts in Africa (Part I)/ Les conflits internes en Afrique (1ère partie).

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa’s contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa’s views on the various aspects of international law based on the present realities of the continent as well as on Africa’s civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.
The Special Theme of this volume is The African Union.

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination.
The Special Theme of this volume is Regional Economic Integration in Africa II.

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination.
The Special Theme of this volume is Regional Economic Integration in Africa.

Punishment and Culture

A Right to Punish?

María José Falcón y Tella and Fernando Falcón y Tella

This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.
Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed.
The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.

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Amnon Altman

This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BCE. Rather than entering into the debate on the continuous development of international law in Antiquity, the book discloses a vast amount of textual material from the Ancient Near East which sheds light on the legal regulation and organization of international relations in different epochs of pre-classical Antiquity. The book is a treasure trove of information for the historian of international law who wants to acquaint himself with the remotest history of international law, while it will also serve the general historian of the Ancient Near East who wants to acquaint himself with the international law of the period.

Reflections on Law and Armed Conflicts

The Selected Works on the Laws of War by the late Professor Colonel G.I.A.C. Draper, OBE

Edited by Hilaire McCoubrey and Michael A. Meyer

This unique volume presents an edited selection of works upon the laws of armed conflict by the late Professor Colonel G. I. A. D. Draper, OBE. Professor Colonel Draper was a central figure in the analysis and dissemination of the humanitarian laws of armed conflict in the English-speaking world. He had a wide practical and academic experience of the subject including service as a prosecutor at the Nuremberg trials. His work covered not only the contemporary substance of the law but also its moral, ethical and political context, the pressures upon its development and its potential for further positive, and other, development.
This edited collection presents a very significant part of Professor Colonel Draper’s work, including many pieces which are no longer readily accessible or have never before been published, with modern commentary referring to developments which have occurred since his death. The late Professor Colonel’s work is an important scholarly contribution to the subject and also retains a very great degree of modern relevance, including comment upon such issues as war crimes and appropriate responses to them. The Editors present this collection as both an important scholarly and practical resource and a fitting tribute to one of the great twentieth century contributors to this area of law.

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Edited by Abdulqawi A. Yusuf

The African Yearbook of International Law provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations.
The African Yearbook of International Law plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination.
The Special Theme of this volume is `Human Rights and Development in Africa'.

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Edited by Kevin Kennedy

This volume provides practitioners, academics and students with the first definitive coverage of NAFTA investment arbitration. Given the level of foreign direct investment within the NAFTA countries, the issue of redress for states in investment cases is a major one. The state dispute settlement mechanisms within NAFTAs Chapter Eleven are recognized as a model worthy of close examination.



The experts and scholars who have contributed to this work present a comprehensive overview of the first ten years of practice in the area of investment disputes under the NAFTA provision. As in any nascent undertaking, the successes, failures and controversies that have been the experience of the state parties involved in NAFTA, are keenly reflected in the Chapter 11 cases. It is in these experiences, as described by in the chapters of this timely volume, that the readers will find substantive and procedural insights into an emerging new area of public international economic law. Many see the workings of the NAFTA agreement, particularly Chapter 11, as a Rorschach test for how state parties can approach and effectively adjudicate investment disputes. For this reason all practitioners and scholars concerned with international trade and foreign direct investment issues should consult this book.



Published under the Transnational Publishers imprint.