International Law and Power: Perspectives on Legal Order and Justice

Essays in Honour of Colin Warbrick

Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This festschrift celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.
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Biographical Note

Professor K. H. Kaikobad formerly Legal Adviser to the Government of Bahrain, is currently Director of Research at the Law School, Brunel University. As a specialist in title to territory, both land and maritime, he has published extensively in this and other areas of international law, including the law of the United Nations and international adjudication and arbitration. His three monographs reflect these interests. A member of the Pakistan High Court Bar, Professor Kaikobad has advised a number of governmental entities and professional societies and has broadcast extensively via radio and television on various international crises, including the conflicts in Afghanistan, Iraq, Iran and the Kashmir dispute.

Professor Michael Bohlander was a member of the German judiciary for over 13 years up to 2004 when he joined the Law School, University of Durham. Between 1999 and 2001, he was the Senior Legal Officer of Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia. Among other notable achievements, Professor Bohlander is the editor-in-chief of the International Criminal Law Review. He has published nine books and monographs and over 100 scholarly works in comparative and international criminal law, transitional justice, the judiciary and the legal profession. His work has been cited by the highest German courts.

Table of contents

Editor’s Preface
Part One: General Principles and International Human Rights.
I: Collective Complaints Under the European Social Charter Encouraging Progress? D J Harris.
II: The European Convention on Human Rights and Extradition; Jacques Hartmann.
III: In Search of Clarity: Non Liquet and International Law; Stephen C. Neff.
IV: ‘Constitutionalization’ of International Law: A Sceptical Voice; Michael Wood.
V: The Nature of State Obligations in Relation to Child Labour: Choosing Prosecution over Protection; Holly Cullen.
VI: Shadows in the Cave: The Nature of International Law When it Appears before English Courts; Vaughan LoweD.
VII: International Organisations and International Human Rights Law: One Giant Leap for Humankind; Robert McCorquodale. Part Two: International Criminal Law and Justice.
VIII: Imputability and Immunity as Separate Concepts:The Removal of Immunity from Civil Proceedings Relating to the Commission of an International Crime; Hazel Fox .
IX: Neither Here Nor There? The Status of International Criminal Jurisprudence in the International and UK Legal Orders; Robert Cryer .
X: Killing Many to Save a Few? Preliminary Thoughts about Avoiding Collateral Civilian Damage by Assassination of Regime Elites; Michael Bohlander.
XI: Conduct and Proof of Conduct - Two Fundamental Conditions for the Imposition of Criminal Liability; G R Sullivan .
XII: State Identity and Genocide: The Bosnian Genocide Case; Dominic McGoldrick .
XIII: Explosive Remnants of the War between Eritrea and Ethiopia; Harry H G Post .
XIV: International Law and the Violence of Non-State Actors; Dino Kritsiotis.
Part Three: International Order and Security. XV: The ‘Disordered Medley’ of International Tribunals And the Coherence of International Law; David Anderson .
XVI: Countermeasures: Concept and Substance in the Protection of Collective Interests; Elena Katselli .
XVII: Does the Optional Clause Still Matter? J G Merrills .
XVIII: Internationalized Tribunals: A Search for Their Legal Bases; Sarah Williams .
XIX: The Road to Kandahar: British Military Interventions and International Law ; Nigel D. White.
XX: Non Consensual Aerial Surveillance In the Airspace over the Exclusive Economic Zone For Military and Defence Purposes; K H Kaikobad.