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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...
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...
Reciprocity in International Law
In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.
Consenting to International Law
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.
The Universal Republic
Can humanity achieve collective self-government in a highly interdependent world? Catastrophic climate change, biodiversity loss, pandemics, war and displacement, the dangers of nuclear weapons and new technologies, and persistent poverty and inequality are among the global challenges that expose the weaknesses of existing international institutions as well as the profound disparities of power and vulnerability that exist among the world's people. The Universal Republic: A Realistic Utopia? examines whether a democratic world state is a feasible and desirable solution to the problem of establishing effective and just governance on the planet we share. While this question has haunted thinkers...
Reassessing the Articles on the Responsibility of International Organizations
This title contains one or more Open Access chapters. This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.
