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Sovereignty and the Limits of International Law
The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on ...
Annuaire Canadien de Droit International
This is the fiftieth volume of The Canadian Yearbook of International Law. The contents of this special anniversary edition reflect the diversity of Canadian and international thought, opinion, and practice on current problems of international law. Included are a retrospective examination of Canadian approaches and contributions to international law during the Yearbook's first fifty years as well as cutting-edge analyses and commentary on a wide range of issues, such as the use of battlefield biometrics, the cultural dimensions of sustainable development, Omar Khadr's combatancy and child-soldier status, and immunities for gross violations of international human rights.
Applicability of International Humanitarian Law
Brings together three diverse perspectives on the law relating to armed conflict.
Pratique Des États Concernant la Succession D'états Et Les Questions de Reconnaissance
The Pilot Project on State Practice regarding State Succession and Issues of Recognition carried out under the aegis of the Ad Hoc Committee of Legal Advisers on Public International Law (CAHDI) encompasses the practice of sixteen member States of the Council of Europe and provides significant information about these States' position vis-à-vis the new European architecture following the developments of 1989. On the basis of the information gathered, the CAHDI decided on the preparation of a report by the Max Planck Institute for Comparative Public Law and International Law, the T.M.C. Asser Institute and the Erik Castrén Institute of International Law and Human Rights. With this report The...
New Property in International Law
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers a...
The Battle for International Law
This edited collection represents the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process, which brought a new perspective on topics such as self-determination, wars of national liberation, and multinational corporations.
Portraits of Women in International Law
Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around ...
Functional Jurisdiction in the Law of the Sea
The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
The Institutionalization of the International Criminal Court
This book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.
