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The Settlement of International Disputes
  • Language: en
  • Pages: 248

The Settlement of International Disputes

The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.

International Law, International Relations and Global Governance
  • Language: en
  • Pages: 246

International Law, International Relations and Global Governance

  • Type: Book
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  • Published: 2013-03-01
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  • Publisher: Routledge

International Relations and International Law have developed in parallel but distinctly throughout the 20th Century. However in recent years there has been recognition that their shared concerns in areas as diverse as the environment, transnational crime and terrorism, human rights and conflict resolution outweigh their disciplinary and methodological divergences. This concise and accessible volume focuses on collaborative work within the disciplines of international law and international relations, and highlights the need to develop this collaboration further, describing the value for individuals, states, IGOs, and other non-state actors in being able to draw on the cross-pollination of int...

The Identity of Governments in International Law
  • Language: en
  • Pages: 291

The Identity of Governments in International Law

  • Categories: Law

The Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. It examines the fundamental conceptual aspects of the government of a state in international law, before analysing the law concerning the recognition of governments and the criteria for governmental status under customary international law. It also explores matters concerning the identity of governments in the context of international organizations. Presenting the positive international legal framework concerning the regulation of governmental status, the book engages extensively with historical and contemporary examples, such as the rival government...

The Fragility of the 'Failed State' Paradigm
  • Language: en
  • Pages: 284

The Fragility of the 'Failed State' Paradigm

  • Categories: Law
  • Type: Book
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  • Published: 2010
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  • Publisher: BRILL

The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.

International Law on Peacekeeping
  • Language: en
  • Pages: 372

International Law on Peacekeeping

  • Categories: Law
  • Type: Book
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  • Published: 2009-03-31
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  • Publisher: BRILL

It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Council’s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 o...

Collective Self-Defence in International Law
  • Language: en
  • Pages: 387

Collective Self-Defence in International Law

  • Categories: Law

Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before.

Narrating the Women, Peace and Security Agenda
  • Language: en
  • Pages: 209

Narrating the Women, Peace and Security Agenda

  • Type: Book
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  • Published: 2021
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  • Publisher: Unknown

The narrative turn has recently influenced theories, methods, and research design within the field of international relations. Its goal is, in part, to show how stories about international events and issues emerge and develop, and how these stories influence the uptake and limitations of global policy solutions around the world. Through the lens of narrative, this book examines the Women, Peace and Security (WPS) agenda, adopted by the United Nations Security Council twenty years ago. The agenda seeks to increase the participation of women in conflict prevention efforts and to protect the rights of women during conflict and peacebuilding. Those involved in the creation of the WPS agenda, inc...

Solidarity and Community Interests
  • Language: en
  • Pages: 688

Solidarity and Community Interests

  • Categories: Law
  • Type: Book
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  • Published: 2021-12-28
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  • Publisher: BRILL

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

Armed Non-State Actors in International Humanitarian and Human Rights Law
  • Language: en
  • Pages: 302

Armed Non-State Actors in International Humanitarian and Human Rights Law

  • Categories: Law

The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and co...

International Organization and Global Governance
  • Language: en
  • Pages: 728

International Organization and Global Governance

  • Categories: Law
  • Type: Book
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  • Published: 2013-10-15
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  • Publisher: Routledge

"Featuring a strikingly diverse and impressive team of authors, this is the most comprehensive textbook available for courses on international organizations and global governance. This book covers the history, theories, structure, activities and policies of both state-centred institutions, and non-state actors in global politics"--