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Classification of Conflicts in International Humanitarian Law
Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.
Classification of Conflicts in International Humanitarian Law
Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.
Substantive Protections in International Investment Law
International investment law has become one of fastest growing fields in international law. Numerous arbitral decisions have been focused on interpreting the relevant substantive protections guaranteed by international investment law and other related questions. This book examines concisely the scope of each substantive protection, highlighting the ongoing controversies and serving as a guide to the leading cases on these protections. Each chapter of the book is dedicated to a different substantive protection in international investment law, namely: (i) expropriation; (ii) fair and equitable treatment; (iii) full protection and security (iv) free transfer of funds; (v) umbrella clauses; (vi) national treatment; (vii) most-favoured-nation treatment. Within this framework, the critical issues at play within each protection are explained and the main cases are reviewed. Each reviewed case benefits from a concise summary of the facts and the relevant parts of the decision being highlighted. Clear and comprehensive, this is required reading for all students and practitioners in the field.
Post-award Interest in the Asia-Pacific
The Yukos Awards are among some of the most widely discussed awards in international arbitration. A remarkable point that does not receive the “interest” it deserves is the fact that post-award interest has added USD 7 billion to the awarded value—making a considerable impact on arguably the biggest case to be handled via international arbitration. Even though post-award interest can have very serious economic consequences, most attention in academic literature to the question of interest is limited to pre-award interest, where the discussion revolves around formulaic approaches towards ensuring that pre-award interest is accounted for in claims for compensation. Post-award interest is...
International Arbitration and Technology
Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.
The Aesthetics and Politics of the Online Self
This volume investigates our dissonant and exuberant existences online. As social media users we know we’re under surveillance, yet we continue to click, like, love and share ourselves online as if nothing was. So, how do we overcome the current online identity regime? Can we overthrow the rule of Narcissus and destroy the planetary middle class subject? In this catalogue of strategies, the reader will find stories on hacker groups, gaming platforms in the occupied territories, art objects, selfies, augmented reality, Gen Z autoethnographies, love and life. The authors of this anthology believe we cannot simply put vanity aside and a rational analysis of platform capitalism is not going to...
Public Interest Litigation in International Law
In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to internationa...
Yearbook of International Humanitarian Law Volume 18, 2015
The general theme of this volume is contemporary armed conflicts and their implications for international humanitarian law. It is elaborated upon in several chapters, dealing with a variety of topics related to, among other things, the situations in Libya, Transnistria, Mexico, Syria/Iraq (Islamic State) and Israel/Gaza. Besides these chapters that can be connected to the general theme, this volume also contains a chapter dedicated to an international criminal law topic (duress), as well as a Year in Review, describing the most important events and legal developments that took place in 2015. The Yearbook of International Humanitarian Law is the world’s only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Judging the Law of the Sea
The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to infl...
The Changing Character of International Dispute Settlement
The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.
