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The Transformation of Occupied Territory in International Law
This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
Upholding the Prohibition of Torture
This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, including Member States of the Council of Europe. The European Court of Human Rights has, since its inception, entered numerous findings of torture. Mindful of the urgency of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court on torture. Through the analysis of leading cases and the legal issues ensuing from them, the book explores the contribution of the European Court to the clarification of t...
Upholding the Prohibition of Torture
This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, including Member States of the Council of Europe. The European Court of Human Rights has, since its inception, entered numerous findings of torture. Mindful of the urgency of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court on torture. Through the analysis of leading cases and the legal issues ensuing from them, the book explores the contribution of the European Court to the clarification of t...
An Introduction to International Criminal Law and Procedure
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.
Deconstructing Self-Determination in International Law
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Shocking the Conscience of Humanity
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
The Writing on the Wall
A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.
Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq
What happens after a governing body is ousted during the course of armed conflict? In some cases, international organizations like the United Nations will appoint other States or itself to administer the transition of the post-conflict State to a place of lasting peace. In practice, however, this mission is hardly linear and becomes further complicated when these administrations are faced with threats to the fragile peace. Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.
Critical Infrastructure Protection III
The information infrastructure – comprising computers, embedded devices, networks and software systems – is vital to operations in every sector: inf- mation technology, telecommunications, energy, banking and ?nance, tra- portation systems, chemicals, agriculture and food, defense industrial base, public health and health care, national monuments and icons, drinking water and water treatment systems, commercial facilities, dams, emergency services, commercial nuclear reactors, materials and waste, postal and shipping, and government facilities. Global business and industry, governments, indeed - ciety itself, cannot function if major components of the critical information infrastructure ...
Critical Infrastructure Protection IV
The information infrastructure – comprising computers, embedded devices, networks and software systems – is vital to operations in every sector: inf- mation technology, telecommunications, energy, banking and ?nance, tra- portation systems, chemicals, agriculture and food, defense industrial base, public health and health care, national monuments and icons, drinking water and water treatment systems, commercial facilities, dams, emergency services, commercial nuclear reactors, materials and waste, postal and shipping, and government facilities. Global business and industry, governments, indeed - ciety itself, cannot function if major components of the critical information infrastructure ...
