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Human Rights and Humanitarian Law

The Quest for Universality

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Edited by Daniel Warner

The question of the universality and relativity of human rights and the relationships between human rights, humanitarian law and refugee protection are the subject of theoretical debates that concern international lawyers, academics, and international organizations. But, most importantly, it should be stressed that these debates are among people who are trying to understand ways of constructing strategies for dealing with the fundamental issue: helping people who are victims of abuse.
This volume, which has emerged from a colloquium organised by the Graduate Institute of International Studies and its Program for the Study of International Organization(s), attempts to project an integrated approach for helping those who are in need and to discuss ways of guaranteeing greater protection of certain universal values that underlie such help. It is the result of ideas shared between the major three organizations in this field, the UN Center for Human Rights, The International Committee of the Red Cross, and the United Nations High Commissioner for Refugees, and outside experts on the relationship between the different protection regimes.

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Edited by Christiane Bourloyannis-Vrailas and Linos-Alexander Sicilianos

The persistence of human rights violations around the world clearly demonstrates the need to focus more attention on preventive action.
Consequently, international organizations are increasingly strengthening the preventive dimension of their human rights activities. Preventive mechanisms have also emerged and continue to gain ground at the national level.
These new realities, however, seem to have received little attention by the academic community. Yet they raise many important issues, which need to be further explored. The above considerations prompted the Marangopoulos Foundation for Human Rights to mark its twentieth anniversary by organizing an International Colloquy on the topic of the prevention of human rights violations.
The present Volume contains contributions by the participants, based on the reports they presented at the Colloquy, substantially revised and updated. It constitutes the first attempt at a systematic analysis of the subject of the prevention of human rights violations, focusing on the following five aspects: conventional regimes, non-conventional monitoring mechanisms, international commissioners and Ombudsmen, national Ombudsmen and human rights institutions and the development of a human rights culture. It closes with a theoretical synthesis of the various approaches to the prevention of human rights violations, focusing on the context, the concept and function, as well as methods and techniques of prevention.

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Edited by Yong Zhang

This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of Comparative Studies on the Judicial Review System in East and Southeast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas.
This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.

Edited by Najeeb Al-Nauimi and Richard Meese

The State of Qatar, the Asian-African Legal Consultative Committee (AALCC), in cooperation with the Secretariat of the United Nations and Frère Cholmeley (Paris) organised the Conference on International Legal Issues Arising under the United Nations Decade of International Law in Doha, Qatar on 22--25 March 1994.
Around 60 speakers and 200 participants from more than 40 nations freely expressed their views on the progressive development of international law and its codification with a view to States' actions in the future adhering to the principles of international law as enshrined in the Charter of the United Nations.
The subjects dealt with by the Conference had one thing in common: they were all topical issues or, in French, `des questions d'actualité', and will remain thus throughout the United Nations Decade of International Law. The various themes were Environmental Law, the Law of the Sea, the Settlement of Disputes, Humanitarian Law, and the Rio Conference, Post-Rio and the New International Economic Order.
This book which contains the Conference proceedings will be of great interest to lawyers specializing in international law. The book is not only a photograph of some very important issues as they existed and were perceived in 1994, it will also serve as a reference book and a unique tool which will be indispensable to understanding some of the most crucial legal problems with which the world community is faced today.

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Edited by John Norton Moore and Myron H. Nordquist

The Center for Oceans Law and Policy, University of Virginia School of Law, annually hosts a conference on a topical subject of interest to the global law of the sea community. The twenty-fifth meeting of the Center was co-sponsored by the International Tribunal for the Law of the Sea (ITLOS), and held in March 2001, at its Hamburg headquarters. The conference theme, Current Marine Environmental Issues and the International Tribunal for the Law of the Sea, featured two days of presentations from many of the world's foremost experts. The published conference proceedings include papers by Satya N. Nandan, Secretary-General, International Seabed Authority; P. Chandrasekhara Rao, President, ITLOS; most of the ITLOS judges; and a number of private practitioners concerned with the marine environment. Topics discussed focused on the past, present, and future dispute settlement activities of ITLOS and the regulatory consequences in Europe as a result of the Erika oil spill on 12 December, 1999. Current Marine Environmental Issues and the International Tribunal for the Law of the Sea is a significant collection of authoritative commentary, compiled through the cooperation of an academic institution and an international organization specifically dedicated to peaceful settlement of disputes in the world's oceans.

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Ralph Zacklin

‘The amendment of international treaties raises problems which are closely linked to the issue of stability and development in the international juridical order. The author of the present work successfully relates these problems, which are of crucial importance in all juridical systems, to the more particular problems connected with the constitutions of international organizations of universal scope. As the effectiveness and continuity of international organizations depend to no small extent on their ability to adapt themselves constantly to a rapidly evolving world, the necessary flexibility must be ensured by provisions included in the constitutions of the organizations. The juridical tool used to meet these needs is an amendment clause incorporated in the constitutive instrument.’

The above-mentioned text from the Foreword by Paul Guggenheim written in 1967 is still as valid today in the light of the reform proposals emerging from the work of the High-Level Panel and the Report of the Secretary General ‘In Larger Freedom’ which are currently the subject of intense negotiations around the Charter of the United Nations, and in particular Articles 108 and 109. This reprinted edition will be of great value to those involved in the reform negotiations as well as to those studying international organizations.

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Edited by Jochen A. Frowein, Rüdiger Wolfrum and Christiane E. Philipp

Now in its fifth year, the Max Planck Yearbook of United Nations Law is becoming a much sought-after forum for essays by the most distinguished professors in international law. These essays cover a variety of topics related to the activities of the United Nations: from the role of the Security Council to UN treaties, from environmental issues to humanitarian law. The Yearbook also contains essays e.g. on the World Bank, the IAEA, and the WTO. Volume 5 focuses in particular on the international dispute settlement system with articles on the activities of international courts and tribunals as well as the contributions to settlement of disputes by other institutions such as the World Bank Inspection Panel. But there are also tackled subjects as the future of peace-keeping, the UN Transitional Administration in Kosovo and East Timor, as well as human rights and their implementation.
This book is a must-have for any academic involved in international law.


For more information on this yearbook please visit the website of the Max Planck Institute

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Edited by Jochen A. Frowein, Rüdiger Wolfrum and Christiane E. Philipp

Now in its sixth year, the Max Planck Yearbook of United Nations Law has become a much sought-after forum for essays in international law related to the UN. These essays again cover a variety of topics: from opening the International Court of Justice to Third States to the Security Council's authorization of enforcement action by Regional Organisations, from Financial Mechanisms in Environmental Agreements to questions of impunity under international human rights law and the prosecution of human rights offenders. The new volume also contains essays e.g. on the UNESCO Convention on Underwater Cultural Heritage, ITLOS and its first six years, and the International Criminal Court. The status of the Taliban under International Law and current questions of submarine warfare are also subject of analysis.
This book is has become a must for any academic or practitioner involved in international law and questions concerning the UN.

For more information on this yearbook please visit the website of the Max Planck Institute

For Pay Per View of vols 6-8 of this yearbook please visit this site

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Edited by Myron H. Nordquist, Tommy Koh and John Norton Moore

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary.
This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.

Raymond Saner

Success in negotiation is not a matter of chance, but the result of careful planning and specialized skills. Some of these skills are inborn, others need to be learnt. In this book the social scientist and economist Professor Dr. Raymond Saner draws on his long years of experience as a negotiation adviser, teacher, trainer, researcher and university lecturer to show that twothirds of negotiation practice is learnable. Yet very few people are specifically trained in this everyday task. Without sacrificing scientific accuracy, Professor Saner offers a highly readable and fascinating guide to the subject. In so doing, he does not limit himself to the over-simplified tips generally put out on successful bargaining in every imaginable situation. Rather, he treats the different aspects of negotiation practice in a way that is useful to both academics and practitioners, such that the general laws and principles gradually become evident as and of themselves. The aim of this approach is to reveal the essence of negotiation through the experience of both the author and the reader. Such an understanding of the processes involved in negotiation is of far greater practical value than a mere collection of recipes with no discussion of the underlying theory, while the most comprehensive treatment of the theory without reference to its application in practice would be only half the story. Thus, the text is supplemented by a series of illustrative examples and case studies from the business, political, NGO and international organization arenas, plus some seventy figures and tables. With all this, the author has paid considerable attention to writing a text that is both entertaining to read and rigorous in content.