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The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants wit...
Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. Th...
To what extent are states expected to take into account the interests of others when conducting relations with other states? This is thequestion examined by this book as it considers the various manifestations of what has been described as community interests in areas regulated by international law.
Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes. As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners.
This book explores how global institutions have created democratic deficits, and the role of the courts in mitigating the effects of globalization.
This book examines the various methods by which Israeli law is being applied to the occupied territories and their inhabitants. It discusses the legal situation of the territories from the point of view of the positive law that is in effect there.
This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.
This book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. It contains contributions of Israeli, Palestinian and other scholars, and its main goal is to initiate an informed dialogue that will bridge the "knowledge gap" between the different camps. The book provides a comprehensive picture of the various aspects of the problem and of the possible means of its resolution.
This examination of the implications and regulation of autonomous weapons systems combines contributions from law, robotics and philosophy.
The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local pop...