Bücher der Reihe Cambridge Studies in International and Comparative Law

This systematic study of third-party countermeasures and its associated safeguards regime in international law offers a balanced analysis of the turbulent and idiosyncratic development of countermeasures in state practice and the work of the International Law Commission and the UN General Assembly Sixth Committee: Legal on state responsibility.

International law imposes on states a duty to prohibit 'advocacy of religious hatred that constitutes incitement to discrimination or violence'. What speech acts or publications fall under this offence? How do judges ascertain such 'incitement' has been committed? This book addresses these questions from the perspective of international and comparative law.

Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.

How should international treaties be interpreted over time? This is the first book to address what evolutive interpretation looks like in reality. It addresses how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static.

Sandy Steel explores how the rules of causation and exceptional departures from those rules are manifested in the tort laws of England, Germany and France. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Why have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties.

Treaty conflicts are often deliberately created to challenge or change legal regimes. What does this say about the role of law in international affairs? This book examines modern legal thought and practice, with detailed studies of conflict dynamics in nuclear governance, international criminal justice and the law of the sea.

What is the role of litigation in addressing the problem of climate change? This book focuses on the real-world impact of extensive climate-related lawsuits on regulation, corporate behaviour and social norms, and explains how these lawsuits have shaped approaches to mitigation, adaptation and regulation.

How did European international law become a legal regime with a global scope? Arnulf Becker Lorca argues that the appropriation of international legal thinking by peripheral lawyers explains the nineteenth-century globalization of international law and the early twentieth-century development of basic doctrines such as self-determination.

Is international fisheries law inevitably moving towards a property-rights regime? Despite regional fisheries management organisations (RFMOs)already perceptibly adopting this approach, they are ambivalent about it and its consequences remain underanalysed. In this book, Andrew Serdy explores the implications revealed by the practice of fishing States and RFMOs and suggests ways forward.

Projecting religious offence on a global scale has become tantalisingly easy. While Salman Rushdie had to write a voluminous novel to prompt worldwide outrage, his lesser epigones can content themselves with caricatures or video-clips on the internet. But should global outrage also entail global sanctions? Should international law prohibit blasphemy? This book examines these questions.

Recent developments in deep-sea technology, that make possible the recovery of materials from virtually the entire ocean floor, mean that marine treasure hunting has become a matter of major international interest. Sarah Dromgoole provides a clear and well-informed account of the complex and controversial international legal framework governing this issue.

Kirsten Sellars analyses the Allies' prosecution of the German and Japanese leaders for 'crimes against peace' - planning and waging aggressive war - at the Nuremberg and Tokyo tribunals in the mid-1940s. This legal experiment is still relevant, especially to lawyers, policy-makers and scholars engaged in international law and international relations today.

Experts agree that cooperation is vital if we are to solve the challenges posed to transboundary freshwater systems by climate change, population growth and growing water demand. This examination of the legal aspects of cooperation is intended for international lawyers, water practitioners, students and anyone interested in international water management.

Conor McCarthy explores the Rome Statute's regime of victim redress, including its reparations regime and the ICC Trust Fund for Victims, and asks what role it can play alongside existing regimes for victim redress and whether it has a contribution to make in the administration of international criminal justice.

This systematic analysis of the international rules on complicit States in controversial cases such as the 2003 Iraq war or the detention of terrorist suspects combines analysis of international practice with a rule of law approach and demonstrates that international law provides for rules on State complicity.

The proliferation of private military and security companies (PMSCs) in armed conflict raises concerns about state control of military/security activities. Hannah Tonkin critically analyses the key international obligations on states to control PMSCs in armed conflict and identifies the circumstances in which PMSC misconduct may lead to state responsibility.

Judicial bodies, in particular international tribunals, have made a profound contribution to the development of international humanitarian law. Shane Darcy provides an engaging and thoughtful analysis of the judicial role in clarifying and elaborating the law of armed conflict.

This original and daring book asks the simple but overlooked question of whether genocide is in fact the 'ultimate crime'. It begins by challenging the myth that other international crimes are less important and goes on to explore the sensibility of reducing overwhelming evil to the confines of legal reasoning.

Decolonising International Law unravels the imperial and emancipatory nature of international law, showing how the idea of economic growth forecloses law's promise of justice, and how the concept of development interacts with the structure of international law to maintain global inequality.

This book explains the phenomenon of states' compliance with human rights tribunals' rulings using theories from international law, human rights, and international relations.

In this book Alison Duxbury provides international lawyers and international relations specialists with the first examination of the role of human rights and democracy in determining membership of a broad range of universal, regional and specialised organisations at both the admission and exclusion stages.

Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. International Law and the Arctic explains these developments in a manner that is accessible to lawyers and non-lawyers alike.

By examining UN operations including international territorial administration, the implementation of sanctions and the provision of humanitarian aid, this book demonstrates that the powers exercised by the UN carry a serious risk of human rights abuse.

Vicarious liability is controversial: a principle of strict liability in an area of law dominated by fault-based liability. This book provides a detailed examination of the operation of the concept in both common and civil law legal systems.

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 presents the first sustained critique of transnational 'rule of law promotion', an expansive industry driving global development and security policy today. Combining historical, theoretical and practical inquiry, his book should be read by all those interested in the role of law in shaping political and economic priorities worldwide.

The worldwide crisis in fisheries provokes diverse legal responses. Trade measures and species protection now accompany more established management efforts under the law of the sea. Yet international law is ill-equipped to address institutional diversity and normative fragmentation. Practical engagement with overlapping legal regimes and new theoretical conceptions are needed.

By canvassing a range of international scientific disputes, Caroline E. Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence, advises on the boundary emerging between the roles of experts and tribunals, and evaluates methods for dealing with important subsequent scientific discoveries.

Jacqueline Peel examines the role of science in international risk regulation in areas from climate change to food safety. It will appeal to international legal practitioners wanting to understand law's part in managing global risks and risk-assessment professionals interested in improving the use of science in international legal processes.