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Yearbook of International Humanitarian Law - 2003
The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere, and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and 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./div
Occupation in International Law
The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local pop...
The Framework Convention for the Protection of National Minorities
The Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention’s implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities. In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements. The volume thus updates and augments previous assessments.
The Community of Interest Approach in International Water Law
In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach (COIA) in international water law, and demonstrates how the approach can provide a legal framework for common management of international watercourses. Through analyses of various features of international watercourse cooperation and common management, the book determines the main principles and the underlying values of the COIA, and discusses how the approach contributes to the development of international water law. Although the COIA is one of the central theories of international water law, very few analytical accounts of its legal features exist. Through The Community of Interest Approach in International Water Law, Howden offers a new and fresh approach to international water law that pulls together questions of holistic management, State sovereignty, public participation and river basin organisations into the analyses of the COIA and its relevance for managing transboundary watercourses today.
Normative Plurality in International Law
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
International Bibliography of the Social Sciences
The IBSS is the essential tool for librarians, university departments, research institutions and any public or private institution whose work requires access to up-to-date and comprehensive knowledge of the social sciences.
T.M.C. Asser (1838-1913) (2 vols.)
This publication presents a comprehensive review of the life and intellectual legacy of the Dutch Nobel Peace laureate and father of the Hague tradition of international law. It is the first research study based on a wealth of recently disclosed private and family files, and deepens and modifies all earlier evaluations. It enlarges on Asser’s achievements as legal practitioner, university don, pioneer of private international law, diplomat and arbitrator, and State Councillor. It discusses his durable impact as founder of international law bodies and institutions. It likewise highlights the impressive Asser family tradition that exemplifies 19th-century Jewish emancipation in Amsterdam, addresses Asser’s youth and student years, his role as family man and the impact of personal drama on his career. Detailed Table of Contents. Layout of the Book.
Die Inkorporation als Tatbestand der Staatensukzession
Die politischen Umwälzungen der Jahre 1989-1992 haben die praktische Bedeutung der völkerrechtlichen Staatensukzession vor Augen geführt und zugleich verdeutlicht, wie viele Fragen in diesem umstrittenen Bereich des Völkerrechts noch immer ungeklärt sind. Dies gilt nicht nur für die Frage nach den rechtlichen Konsequenzen territorialer Veränderungen; auch in Bezug auf Einordnung und Abgrenzung der Sukzessionstatbestände, also der historischen Sachverhalte, hat die Völkerrechtslehre bislang schlüssige Konzepte nicht hervorgebracht. Aber nur, wenn über die dogmatischen Trennlinien zwischen den relevanten Tatbeständen Klarheit besteht, kann die internationale Staatenpraxis sinnvoll ...
