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Farid Ahmadov

Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio Popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of courts on admissibility of actio popularis.
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How High the Sky?

The Definition and Delimitation of Outer Space and Territorial Airspace in International Law

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Thomas Gangale

In How High the Sky?, jurist Thomas Gangale explores the oldest and most important controversy in space law: how far up does national airspace go, and where does the international environment of outer space begin? Even though nations did not object to the first satellites flying over their sovereign territory, after more than six decades there is still no international agreement on how low the right of space object overflight extends, nor are there agreed legal definitions of “space object” and “space activity.” Dr. Gangale brings his background as an aerospace engineer to bear in exploding long-held beliefs of the legal community, and he offers a draft international convention to settle the oldest and most intractable problems in space law.
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Growing religious antagonisms are challenging the ultimate goal of ‘living together’ in peaceful societies. Religion and International Law explores international law responses, beginning with their historic roots, before the perspective shifts to the role of religious institutions and religious law. Contributions of different human rights bodies are analyzed, before further sections deal with the international protection of religion, the relationship between religious beliefs and freedom of expression, and the roles of other individual rights.

This book originates from the long-standing cooperation between the German and the French Societies of International Law, thus bringing together the traditions of French laicism and a cooperative German approach. Experts from Austria, Italy, Poland, Portugal and the UK complement the pan-European perspective.
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The Noble Banner of Human Rights

Essays in Memory of Tom Lantos

Tom Lantos was a Hungarian-born U.S. Congressman remembered for raising awareness and respect for human rights around the world. He was elected to the United States House of Representatives in 1980 becoming the only Holocaust survivor ever to serve in the Congress. In 1983 he co-founded and chaired the Congressional Human Rights Caucus renamed in his honour as the Tom Lantos Human Rights Commission. With articles authored by leading academics this Festschrift remembers Tom Lantos’s extensive human rights activism on the human rights themes he was passionately involved with around the world. The essays offer new insights on a range of topical human rights issues, such as human rights education, religious freedom, post-conflict justice, minority rights and identity politics.
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Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation

Manoeuvring between Legal Regimes and Paradigms for the Use of Force

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Alon Margalit

In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.
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Héctor Olásolo

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
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Stuart Maslen, Nathalie Weizmann, Maziar Homayounnejad and Hilary Stauffer

Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the different domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones. Chapters assess the legality of armed drones under jus ad bellum, the law of armed conflict, the law of law enforcement, international human rights law, international criminal law and domestic civil and criminal law. The book also discusses the application of law to fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.
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Jasmina Mačkić

In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.

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Jorge E. Viñuales

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Non-State Actors and International Obligations

Creation, Evolution and Enforcement

Non-State Actors and International Obligations looks at the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.