Bücher der Reihe Cambridge Studies in International and Comparative Law

Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law's persistent tendency towards nationalist retrenchment and counter comparative law's institutional marginalization, the fifteen essays at hand impart radical and discerning intellectual equipment in order to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field's dominant epistemology and embrace a practice much better attuned to the study of foreignness.

How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyses systemic similarities and differences between the two to examine how they are each built to achieve their similar goal.

Investment treaty arbitration is fast becoming one of the most common methods of dispute settlement in international law. Despite having ancient roots, tensions remain between the private interests in international investment relations and the public international law features of the arbitral procedure. This book, which presents an account of investment treaty arbitration as a part of public international law - as opposed to commercial law - provides an important contribution to the literature on this subject. Eric De Brabandere examines the procedural implications of conceiving of investment treaty arbitration in such a way, with regard to issues such as the principles of confidentiality and privacy, and remedies. The author demonstrates how the public international law character of investment treaty arbitration derives from, and has impacted upon, the dispute settlement procedure.

Appealing to international legal scholars and students concerned with the changing structures of international law, as well as to those audiences in academia, think tanks, and foreign ministries concerned with the law and politics of contemporary international legal strategies, and the role of law in global governance.

This book examines the relationship between imperialism and international law. It argues that colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.

Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.

As public debt soars, a new wave of sovereign defaults looms. Michael Waibel examines 150 years of international dispute resolution on sovereign defaults. The observed continuity in the law and policy governing sovereign defaults suggests avenues for building durable institutions capable of resolving future sovereign defaults.

This book offers a new perspective on how legal arguments are constructed whilst revisiting theoretical discussions on the sources of international law and the structure of legal argumentation. It will appeal to those interested in the theory of international law and will inform further explorations of this field.

During the 1990s, humanitarian intervention seemed to promise a world in which human rights would be privileged over national interests or imperial ambitions. Orford argues that humanitarian intervention had far more exploitative effects. What, if anything, has been lost in the move from humanitarian intervention to the war on terror?

This book examines how unequal sovereigns have had a major impact on the way international relations are conducted. The author offers a way of understanding recent transformations in the global political order by recalling the lessons of the past, in particular the recent conflicts in Kosovo and Afghanistan.

As international lawyers make law, they make non-law. Understandings of extra-legality, illegality and the like help shape the limits of global political possibility. Fleur Johns explores how non-legality is crafted in areas ranging from torture to foreign investment and from climate change to disaster relief and explains why this matters.

Against the background of recent armed conflicts under the United Nations Charter, this 2004 book considers how the requirements of proportionality and necessity operate as legal restraints on the forceful actions of States. It also examines the relationship between proportionality in the law on the use of force and international humanitarian law.

An exploration of the historical evolution of international investment law. Combining analyses in legal history, political narratives, and current controversies surrounding investment law and environmental protection objectives, this book will engage scholars and students of international investment law, international legal history and critical legal theory.

With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.

This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for such controversial issues as people's rights, nationalization and environmental politics.

Internally displaced persons have been forced to leave their homes because of war and human rights abuses, but have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer an overview of this important humanitarian and human rights challenge.

The second edition of C. F. Amerasinghe's successful book, which covers the institutional aspects of the law of international organizations, has been revised to include, among other things, a new chapter on judicial organs of international organizations, as well as a considerably developed chapter on dispute settlement. There is a rigorous analysis of all the material alongside a functional examination of the law. A brief history of international organizations is followed by chapters on, amongst others, interpretation, membership and representation, international and national personality, judicial organs, the doctrine of ultra vires, liability of members to third parties, employment relations, dissolution and succession, and amendment. Important principles are extracted and discussed, and the practice of different organizations examined.

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised.

The International Court of Justice is the principal judicial organ of the UN, and successor of the PCIJ, which was the first real permanent court of justice at the international level. Drawing on archival material, this 2005 book describes the groundbreaking contributions of the PCIJ to international law.

The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.

This book investigates how national courts 'react' to disputes involving international organizations.

This book deals with international law in Antarctica and the Arctic. It reviews how each region is managed by the individual legal regimes, and how the special international laws developed specifically to deal with polar problems (for instance, protection of the environment) have contributed to the development of international law.

Jolowicz's comparative study looks at civil procedure through focusing on underlying ideas of various elements of the law, the character of different systems, and the societal purposes served by civil litigation. It also considers the consequences of recent reforms in England on the future of civil litigation.

A sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and international law. Dagan reveals the normative underpinnings of the doctrine, facilitates the prediction of legal outcomes, and supplies the necessary tools for evaluating existing legal rules.

This 2001 book is an attempt to deal with trusts on a comparative law basis. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.

When does international law give a group the right to choose its sovereignty? In a fresh perspective on this familiar question, Knop analyses how many of the groups that self-determination most affects have been marginalized in its interpretation and how key cases have grappled with this problem of diversity.

International organizations are major players on the international scene, whose acts and activities affect individuals, companies and states. Damage to interests or violation of rights sometimes occur (such as during peacekeeping operations). Are the remedies provided by international organizations adequate? Wellens' study includes suggestions for alternative remedial options.

The Chernobyl disaster is an example of an activity conducted by one state which has caused serious adverse effects in another. This study of the international rules and procedure for compensation for victims will be of use to academics and professionals involved with transboundary disputes.

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Moir examines the laws designed to protect civilians in internal armed conflict. He traces the development of international law from the nineteenth century to conflicts in Rwanda and the former Yugoslavia; how human rights can protect during armed conflict; and how effectively (and by whom) the rules can be enforced.