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The Institute of International Law's Resolution on State Succession and State Responsibility
Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI
This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
Secession in International Law with a Special Reference to the Post-Soviet Space
The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.
State Succession in Cultural Property
Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, this book identifes guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states.
Japan’s Territory under International Law
This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan’s territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes. Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.
La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Sw...
International Law and the Quest for Its Implementation
This Liber Amicorum in honour of Professor Vera Gowlland-Debbas covers most of the topical problems of contemporary international law, in particular those related to the United Nations, human rights and humanitarian law, law-making, compliance and peaceful settlement of disputes.
The Concept of an International Organization in International Law
This book asks what the legal definition of an international organization is by examining how they create particular legal systems that derive from international law, and analysing the systems of governance in these organizations.
Employment Law and the European Convention on Human Rights
In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017–2021, many of which have not heretofore been considered in the legal literature. The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR: privacy and surveillan...
State Succession to International Responsibility
In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.
