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Accountability for Violations of International Humanitarian Law
International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of la...
The Cuban Embargo under International Law
The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged...
Theories of Compliance with International Law
This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.
The Legal Regime of the International Criminal Court
This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.
Universal Jurisdiction in International Criminal Law
With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and t...
The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order
In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
The Dismantling of Japan's Empire in East Asia
The end of Japan’s empire appeared to happen very suddenly and cleanly – but, as this book shows, it was in fact very messy, with a long period of establishing or re-establishing the postwar order. Moreover, as the authors argue, empires have afterlives, which, in the case of Japan’s empire, is not much studied. This book considers the details of deimperialization, including the repatriation of Japanese personnel, the redrawing of boundaries, issues to do with prisoners of war and war criminals and new arrangements for democratic political institutions, for media and for the regulation of trade. It also discusses the continuing impact of empire on the countries ruled or occupied by Jap...
Indian Review of Air and Space Law
Indian Review of Air and Space Law published by the Centre for Research in Air and Space Law at Maharashtra National Law University Mumbai aims to provide a unique forum for practitioners, regulators, policymakers, and academics who deal with international, regional, and national aviation and space law and policy. It is an academically led peer-reviewed academic review that aims to publish high-quality scholarship on air and space law spanning all areas including comparative, international, and multidisciplinary perspectives.
Recent Developments in Space Law
This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a mo...
Re-envisioning Sovereignty
Sovereignty, as a concept, is in a state of flux. In the course of the last century, traditional meanings have been worn away while the limitations of sovereignty have been altered as transnational issues compete with domestic concerns for precedence. This volume presents an interdisciplinary analysis of conceptions of sovereignty. Divided into six overarching elements, it explores a wide range of issues that have altered the theory and practice of state sovereignty, such as: human rights and the use of force for human protection purposes, norms relating to governance, the war on terror, economic globalization, the natural environment and changes in strategic thinking. The authors are acknowledged experts in their respective areas, and discuss the contemporary meaning and relevance of sovereignty and how it relates to the constitution of international order.
