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Asia-Pacific Perspectives on the Centenary of the 1899 Hague Peace Conference
This, the first volume in the new series Melbourne Studies in Comparative and International Law, contains the revised and updated versions of papers presented to the Asia-Pacific Regional Conference, held at The University of Melbourne, to commemorate the centenary of the 1899 Hague Peace Conference and the 50th anniversary of the 1949 Geneva Conventions. Within the context of the Asia-Pacific region, the collection, by a wealth of international scholars and expert practitioners, explores the major issues addressed at the Conference in 1899, including the peaceful settlement of disputes, international humanitarian law, and arms control and disarmament.
Editors: Ola Engdahl and Pål Wrange
The authors of this volume have been inspired by the scholar to which this Liber Amicorum is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo.
This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals.

The volume also contains a bibliography and a presentation of Professor Bring's work.
An Insight into the 1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict
In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.
One needs to learn from the experience of the individual, from specific real-life situations, where and how the law can promote justice. This is a desideratum that goes beyond the mere question of whether the application of a rule is compatible with fundamental rights and human rights treaties. Law that acknowledges human dignity, the first desideratum that follows from the acknowledgement of that human dignity as the most basic fundamental right, operates in a dynamic of detachment to ensure equality and proximity to the individual to reflect the uniqueness of the lives we live. To illustrate the author takes a number of examples from those fields of law that impinge most closely on the lives of individuals – criminal law, family law, and immigration law. It is there that the law touches on the intimacy of human lives. Perhaps paradoxically, the importance of this is heightened by the formation of the cross-border, European, and global networks of relationships that increasingly shape our lives. The interconnectedness of our lives and how that transcends the boundaries of culture, language, and state determines the realities of the law in the twenty-first century and requires us to consider carefully the interconnection of the general with the personal.
Author: Stuart Maslen
Anti-Personnel Mines under Humanitarian Law: A View From the Vanishing Point considers in depth the various customary and conventional legal regimes applicable to the use of anti-personnel mines. All involved with the global effort to control and eliminate anti-personnel mines as well as the policy-makers who are concerned about the devastation resulting from the widespread deployment of these arbitrary weapons need to familiarize themselves with the information presented in this timely volume.



Published under the Transnational Publishers imprint.
Towards an International Convention for the Prevention and Punishment of the Crime of Forcible Displacement
Authors: Grant Dawson and Sonia Farber
Forcible displacement transforms cultures and can even lead to their destruction. Beginning with the origins of the human species millions of years ago and ending up in our present day era, this book analyses examples of forcible displacement in order to examine the crime in its many different forms. The legal contours of the crime receive a comprehensive treatment, including the experience of the international tribunals and decades of scholarly work in the area. The authors suggest that a paradigm shift is needed in order to bring development-induced displacement into the mainstream discourse on forcible displacement. The book concludes with a proposal for a new convention for the prevention and punishment of the crime of forcible displacement.
Editor: Daniel Warner
This work brings together the papers presented at a conference on `New Dimensions of Peacekeeping' which was convened at the Graduate Institute of International Studies in Geneva in March 1994. The papers address the new role of peacekeeping (including peacekeeping and peace enforcement) which is now emerging and also places an emphasis upon the role of the `newcomers' in peacekeeping, specifically Japan and Germany. The collection of papers, by many distinguished scholars in the field, actively discusses both the strengths and weaknesses of the United Nations peacekeeping efforts in meeting the increasing demands placed upon it due to the enormous upsurge in ethnic, religious and other local conflicts.

`The 1990s have seen wide swings in public opinion towards United Nations Peacekeeping. The euphoria and high expectations regarding what the United Nations can deliver have been replaced by the rude shocks and deflated assessments of its capacity to successfully cope with conflicts. In this context, it would be highly desirable that a judicious balance be struck in the evaluation of United Nations peacekeeping activities, which takes fully into account the great potential they have for contributing to international peace and security and to the reduction of human suffering. At the same time, such a review should include a candid discussion regarding the weaknesses and shortcomings of peacekeeping activities. '
(Excerpt from the Introduction by Yasushi Akashi, Chief of Mission of the United Nations Protection Force (UNPROFOR) in the former Yugoslavia)
The Selected Works on the Laws of War by the late Professor Colonel G.I.A.C. Draper, OBE
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.
Editor: Gert de Nooy
The purpose of this book is to describe and analyse the instrumental role European naval forces might play in developing and sustaining a future foreign and security policy for the community of European states. First, Europe's rapidly changing security environment is analysed with a keen eye for the possible development of a European `grand strategy' (foreign and security policy) for the near and longer term future. Derived from this analysis, the present context and possible future directions are established for a common European maritime strategy.
Next, the theoretical challenges and the practical solutions are discussed vis-à-vis the primary tasks and capabilities of European naval forces, the execution of naval operations (including the provision of seapower) in defence of strategic European interests. Then, the issue of good governance at sea is addressed. The requirement for naval involvement in policing the seas and a concept for a European approach to `good governance at sea' are discussed. In conclusion, the relevance of the United Nations Convention on the Law of the Sea (UNCLOS) is scrutinized. Special attention is paid to the potential for a joint European-UNCLOS initiative and its associated instruments.
The individual chapters are contributed by leading experts in the field of international and maritime security affairs. This book will be of interest to European policy makers, naval planners, officers- under-training in naval and defence academies and maritime institutes, and students in international relations and maritime law.
The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals.
These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties.
The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.