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Threats of Force
Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution.
Making the World Safe for Investment
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
International Law and History
The first contemporary historiography of international law and an essential methodological guide for researching international legal history.
The Effects of Armed Conflict on Investment Treaties
This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
Prohibited Force
Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for legal scholars, practitioners and students. This title is also available as Open Access on Cambridge Core.
The Functions of International Adjudication and International Environmental Litigation
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
Drones and International Law
Through an analysis of the use of drones, Rebecca Mignot-Mahdavi explores the ways in which, in the context of counterterrorism, war, technology and the law interact and reshape one another. She demonstrates that drone programs are techno-legal machineries that facilitate and accelerate the emergence of a new kind of warfare. This new model of warfare is individualized and de-materialized in the sense that it focuses on threat anticipation and thus consists in identifying dangerous figures (individualized warfare) rather than responding to acts of hostilities (material warfare). Revolving around threat anticipation, drone wars endure over an extensive timeframe and geographical area, to the extent that the use of drones may even be seen, as appears to be the case for the United States, as part of the normal functioning of the state, with profound consequences for the international legal order.
Foreign Policy
Foreign Policy: From Conception to Diplomatic Practice represents an original and important contribution to the study of foreign policy, uniquely framed by the experiences of small and new countries. Ambassador Ernest Petrič artfully brings together academic expertise and years of diplomatic experience to provide a thorough treatment of national and international environments, the foreign policy decision making process and an original analysis of the means of foreign policy and diplomacy. The role of the United Nations, the EU, strategic actors and the role of foreign policy as a diplomatic instrument are examined. Finally a reflection of the foreign policy concerns of small and new countries, with special attention to Slovenia and legal aspects are offered. Foreign Policy: From Conception through Diplomatic Practice successfully integrates scholarly theory with empirical evidence. The book's clear and evocative style will appeal to foreign policy professionals, academics and students of diplomacy, international relations and international law.
State Immunity in International Law
The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
International Status in the Shadow of Empire
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
