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Reforming the UN Security Council Membership
This book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The book places the discussion on reform of Security Council membership in the context of the council’s primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members’ behalf. This book offers an inquiry into the Council’s constitutional framework and how far...
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.
The Changing Role of Nationality in International Law
This book provides a reappraisal of the role of nationality in international law, taking into account recent trends and developments. The book features contributions from a range of experts offering a variety of approaches to the topic. Within public international law the book explores nationality in relation to a number of key topics including: nationality as a human right; statelessness in the context of state succession; diplomatic protection and trade in services. While most of the contributions address public international law the book also considers the evolving role of nationality in private international law as well as issues surrounding nationality and regional integration.
Tax Crimes and Enforcement in the European Union
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. EU member states lose hundreds of billions of euros to tax evasion every year. Tax crimes have a significant impact on the functioning of national and international economies and on the global financial system. Not only do they affect the actors involved and the state that has been deprived of tax revenues, but the citizens of those states suffer too. Tax Crimes and Enforcement in the European Union presents the findings of the EU-funded PROTAX project. Chapters writte...
Anti-Money Laundering and the Law
This book provides a distinctive and critical analysis of the anti-money laundering (AML) measures that have been put in place in Türkiye and the United Kingdom. The work presents a comparative analysis of if, and to what extent, the AML regimes in these jurisdictions are fit for purpose in countering some of the most pressing predicate crimes. It investigates the AML regimes relating to tackling the riskiest/most prevalent predicate crimes, that is, drug trafficking and tax crimes, thereby filling a significant gap within the current literature. The study provides insights into the effectiveness and efficiency of national AML frameworks adopted by Türkiye and the UK in addressing distinct...
The Changing Nature of Customary International Law
This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.
Fiduciaries of Humanity
Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern...
International Conflict and Security Law
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the m...
Legal Aspects of Planetary Defence
Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions. This book addresses legal and policy aspects of ‘planetary defence’ activities by space agencies and other actors aiming at the prediction and mitigation of Near-Earth Objects (NEOs).
Justice for Victims before the International Criminal Court
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
