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The Discourse on Customary International Law
This book provides an accessible and highly engaging discussion of customary international law. It employs an original theoretical perspective to unpack the structures of thought that lie beneath any claims made regarding customary international law.
Resisting United Nations Security Council Resolutions
The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation’s Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers a...
A Guide to Oil Marginal Field Law
This book offers unique insight regarding the Nigerian government oil marginal field farm-out exercise which raised international concern over its ability to be fair, justified, and legal whilst requiring a cautionary application to avoid driving away investors. It demonstrates the prudence in developing oil marginal fields alongside renewable energy to aid the development and gradual switch to renewable energy. It traces the authority behind natural resources development and foreign direct investment in resolutions and policy statements of the UN and OPEC. It discusses petroleum business arrangements and Nigerian oil marginal field regulations, and reviews Nigerian marginal field development. Concluding the legality of the government farm-out exercise was drawn from a combination of the United Nations resolutions on developing countries sovereignty over natural resources and declaratory statements of the OPEC on member countries making policy development to take charge of their natural resources.
Resisting United Nations Security Council Resolutions
The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation’s Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers a...
Consenting to International Law
Revisits an ancient puzzle in international legal theory, providing contemporary and interdisciplinary perspectives.
The Experiences of International Organizations
This groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance.
Law Reforms around the World
Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This ‘living dynamic trait’ should be a hallmark of the genetic material in the modern-day institution of law. This edited volume sheds light on Law Reform in its domestic, comparative, regional, and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It be...
The Power of Energy Justice & the Social Contract
This open access book focuses on the energy sector and will make a significant contribution to its continued evolution. For many years, the energy sector has been missing a raison d’etre and now finally there are increased calls for that to be justice. Hence, this book will develop the concept of energy justice and how it needs to be formalised in a new ‘social contract’ with all stakeholders in society. The focus will be on improving legal systems at local, national and international levels while ensuring that justice is a core issue within energy law, the legal system and more broadly in society.
The International Criminal Court and Global Social Control
The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s funct...
Incitement in International Law
This book offers a comprehensive study of incitement in its various forms in international law. It discusses the status of incitement to hatred in human rights law and examines its harms and dangers as well as the impact of a prohibition on freedom of speech. The book additionally presents a detailed definition of punishable incitement. In this context, Wibke K. Timmermann argues that incitement should be recognized as the crime of persecution, where it is utilized within a system of persecutory measures by the State or a similarly powerful organization. The book draws on the Nahimana case before the International Criminal Tribunal for Rwanda, as well as jurisprudence from German and other c...
