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Time, History and International Law
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has...
Unlawful Territorial Situations in International Law
This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
The Falklands War
Panoramic, transnational history of the Falklands War and its imperial dimensions, which explores how a minor squabble mushroomed into war.
Claims of Dual Nationals and the Development of Customary International Law
The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.
A Theory of International Terrorism
A Theory of International Terrorism studies Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. These contexts have shaped a global ontology of Islamic terrorism, which asserts that puritan Islam is inherently violent and Muslim militants are addicted to carnage. This ontology is significantly changing international law. It defends the preemptive war on terror and disregards civil liberties, prescribing extra-judicial killings, torture, renditions, indefinite detentions, and numerous other human rights violations. These normative shifts are considered inevitable to suppress Muslim militants. Questioning these shifts, the book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter. It also argues that terrorism cannot be eradicated unless the Nation-State evolves into the Free State, a concept developed in The Extinction of Nation-States (1996) and A Theory of Universal Democracy (2003). Universities, governments, and international organizations will find this book a source of valuable information.
Multiple Nationality And International Law
This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States' motivations in adopting a particular attitude toward the topic. As a reference work, the volume includes a detailed examination of the nature of nationality under international law and the concepts of nationality and citizenship under municipal law. The survey of State practice also constitutes a valuable resource for practitioners.
Towards an International Law of Co-progressiveness
Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and inter...
Deliver Us from Evil
Christians have been largely silent on the issue of corruption. Roberto Laver has been one of the few voices of the Christian community calling for the church to stand up and address this issue. Laver's scholarship, undergirded by his faith and concern for the poor and marginalized, gives Christians a compelling wake-up call to confront the scourge. In so doing, he takes a big step toward filling a conspicuous gap in the literature of mission study and practice.
Cases and Materials on the Law of the Sea
Cases and Materials on the Law of the Sea is a thoroughly up-to-date text that will be used both as a classroom course book and as a treatise and reference guide. The text contains engaging teaching materials that systematically introduce law of the sea topics, placing them in the context of important themes about the roles of international law and international legal process. Historical materials of continuing importance appear alongside new materials that address such topics as maritime terrorism and port security, the protection of underwater cultural heritage, marine sanctuaries, deep-sea vent resources, and the operation of the International Tribunal for the Law of the Sea and other new international organizations. Published under the Transnational Publishers imprint.
State Failure, Sovereignty And Effectiveness
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition can...
