Bücher der Reihe Cambridge Studies in International and Comparative Law

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.

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.

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 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.

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.

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.

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.

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.

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.

This 2001 study of the origins of international law contains topical literature and archaeological evidence. David J. Bederman examines three critical areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in the Near East (2800-700 BCE), the Greek city-states (500-338 BCE) and Rome (358-168 BCE).

This book analyzes the new phenomenon of international organizations assuming the powers of a national government in order to reform political institutions. After reviewing the history of internationalized territories, this book examines why these 'humanitarian occupations' occurred and whether they were legally justified.

The 'corporate social responsibility' ('CSR') movement has been described as one of the most important social movements of our time. This book looks at what the CSR movement means for multinationals, for states and for international law. International law is often criticized for being too 'state-centred', and ill-equipped to deal with the challenges of globalization. However, drawing from many and varied examples of state, NGO and corporate practice, this 2006 book argues that, while international law has its limitations, it presents more opportunities for the CSR regulation of multinationals than many people assume. The main obstacles to better regulation are, therefore, not legal, but political.

This book examines how national law is treated in WTO law, both in the WTO treaty and dispute settlement cases. The WTO treaty contains a set of far-reaching obligations establishing a systemic and constitutional framework of interaction between WTO law and national law. WTO dispute settlement operates as an international layer of judicial review of national laws and administrative, judicial or quasi-judicial measures. Consequently, much of the WTO dispute settlement decisions and rulings relate in different ways to Members' national laws. Yet, up until the publication of this book, there was no systematic analysis of this vastly important subject. This book provides a thorough map of an increasingly complex field. In doing so, it extends the enquiry beyond well-known formulas and combines practical analysis with principled discussion of how the treatment of national law in international law can and should ensure effectiveness of international rules and promote good governance within nation-states.

Voon examines how WTO rules apply to 'cultural products', such as film, radio, music and books. Freer trade in these products has caused different reactions among Members. This 2007 book explains the situation and proposes reforms to better balance members' different objectives.

Governments are regarded as the sole representatives of their populations on the international plane. It is therefore important that other voices can be heard in international fora alongside governments. NGOs have an increasingly important legal and political role. This 2006 book explores the possibilities for participation of NGOs in international law.

This 2005 book traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system.

Since 2006, scholars and practitioners have debated whether transitional justice and international criminal law could and/or should engage with economic, social and cultural abuses. Evelyne Schmid's systematic examination of the question will appeal to those working in international criminal law, human rights law, international humanitarian law and post-conflict justice reform.

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades. This book shows how this highly controversial concept has become part of modern-day international law, and how it will enhance human rights in the future.

Franziska Humbert analyses how the prohibition of child labour is protected under international law. Concluding that the UN and the International Labour Organization provide for weak implementation mechanisms, the work examines existing trade measures such as import bans, labeling and activities by transnational companies, and recommends a more effective regime.

Alfred Rubin argues that longstanding disagreements between lawyers, ethicists and political scientists are unlikely to be resolved soon, and that it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'.

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.

In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.

Most conflicts are internal, yet under international law, accountability for acts committed by armed groups is unclear. These groups should be legally identified, argues Liesbeth Zegveld, in this award-winning scholarship. Of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.

This book gives an analysis of the legal issues raised by the international fight against money laundering. A comparative research of the criminal and preventive law aspects from an international perspective, it contains a most detailed overview on the rules and practices of international co-operation in the fight against money laundering.

A penetrating analysis of the relation between trade and environmental protection policies in the EC and the US. Geradin argues that the international tensions in these areas can be resolved by the free trade provisions of the EC Treaty and the US Constitution, and from the setting of common environmental standards.

Malcolm Evans describes the ways in which the freedom of religious belief has been incorporated into the legislation of Europe. He goes on to examine the mechanisms by which this freedom is guaranteed, and a number of problematic cases which have recently been discussed in the Council of Europe.

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.

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.

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.

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.