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Environmental Enforcement Networks
Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking
International Law and the Protection of People at Sea
From the actions of Somali pirates to the fate of asylum seekers in the Mediterranean, the rights of those at sea is of vital importance. The first book to comprehensively analyse the legal status of seafarers and sea-travellers, Papanicolopulu's timely text provides a compelling argument for the responsibility of the state to protect those at sea.
The Constitutionalization of International Law
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what...
Resolution of International Water Disputes
This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most wat...
Stress Testing the Law of the Sea
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Trends and Challenges in International Law
Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient?In an effort to ans...
Responsibility for Environmental Damage
Engaging with one of the most consequential issues of our time, this book offers a comprehensive analysis of responsibility for environmental damage under international law. In doing so, it considers the responsibility, liability and accountability of state and non-state actors for harm caused to the environment and non-compliance with environmental norms across a wide range of multilateral regulatory frameworks.
Foreign Investment, International Law and Common Concerns
Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns...
The Frontiers of Human Rights
In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state.
“Hard Power” and the European Convention on Human Rights
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
