Bøger i Cambridge Studies in International and Comparative Law serien

The defences available to a state under the law of state responsibility can be considered either as justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations.

This systematic study of third-party countermeasures and its associated safeguards regime in international law offers a balanced analysis of the turbulent and idiosyncratic development of countermeasures in state practice and the work of the International Law Commission and the UN General Assembly Sixth Committee: Legal on state responsibility.

When is a norm peremptory? This question has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests that only the legal consequences of a norm distinguish it as peremptory, and sheds light on those consequences.

Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law, focusing on historical cases as well as those that remain very much alive today.

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The book will appeal to academics, practitioners and students specializing in international law and international relations. It takes a fresh perspective on how the law that applies to intergovernmental institutions has - and continues to be - developed by analogy with the law that applies to States.

This is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection. It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.

This book is interdisciplinary and covers a wide range of academic genres. It will be of interest to international lawyers, legal historians, military historians, maritime lawyers and historians, political scientists, arbitrators and legal practitioners.

Expropriation is a hotly debated issue in international investment law. This book applies the insights of legal theory to analyse expropriation clauses in investment treaties, clarifying what expropriation is and how to apply the unspecific prescriptions in investment agreements.

Provides a comprehensively updated guide to the crime of aggression. The author's intimate involvement in the crime's negotiations, combined with extensive scholarly reflection, make this book essential for academics and practitioners interested in the crime of aggression, the prohibition of the use of force, and international criminal law.

This book is for anyone interested in international law, from students to international judges. Complex ideas of maritime boundary delimitation are broken down to be understood by a wide audience, and to be applied in practice by those who deal with maritime boundaries in their professional life.

The United Nations Charter prohibits states to threaten the use of force vis-a-vis another state, but what conduct is prohibited is unclear. This book fills this gap by exploring what forms of military coercion are permitted by international law, when such coercion is justified, and how norm-breakers are dealt with.

By adopting a comparative analysis of the practice of five international courts and tribunals, this book systematically describes and analyses the use of domestic law to interpret international law. The findings of the book, which blends doctrinal and theoretical approaches, will be of interest to practitioners and academic researchers alike.

Analyses the International Criminal Court's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity, and genocide that have come before the ICC as of mid-2018. It presents a detailed examination of court records and original interviews with prosecutors and gender experts at the Court.

A radical history of the expansionary project of statehood and its role in constructing the vastly unequal global order we inhabit today. Using meticulously inter-layered case studies, including the canonical 'Abyssinia Crisis', this book will appeal to readers interested in the history and theory of international law and international relations.

This is the first history of the environmental regime of the League of Nations during the interwar period. Omer Aloni uncovers the hidden interests, perceptions, motivations and agendas previously overlooked by both environmental historians and legal scholars.

Provides a comprehensive history of the emergence and formation of the concept of sovereignty in China from the year 1840 to the present. It will be of interest to students and scholars of international and comparative law as well as scholars of modern China and policy makers.

This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

As the first single-authored general account of the international law of energy, written by a leading authority and covering all the main rules, processes and institutions, this book will be of significant interest to undergraduate and graduate students, researchers and practitioners of international law, international relations and energy policy.

The book examines law of treaties from the angle of different types of motion, and offers a combination of theoretical analysis supplemented with practical examples and empirical data. It covers all possible stages in the 'life-cycle' of a treaty, from its genesis to its eventual destruction.

This monograph offers a comprehensive history of the standard of civilisation, a core component of the history of international law, that also shows its relevance for contemporary lawyers. It offers a distinctive intervention in the context of the recent revival of the history and theory of international law.

This ground-breaking study explores the role of repetition in international law, building on insights from philosophy, sociology of religion, theatre and film. It presents age-old doctrinal problems anew, assesses the use of moot courts in legal education and discovers the connections between international criminal law and documentary film making.

This book explores the role that the language of international law plays in constructing understandings - or narratives - of hunger in the context of climate change. The story is told through a specific case study of genetically engineered seeds purportedly made to be 'climate-ready'. Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private sector engagement as the best solutions. This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions.

An innovative, inter-disciplinary examination of how the International Criminal Court came to be framed as a 'catalyst' for domestic accountability, and its unexpected effects in Uganda, Kenya, and the Democratic Republic of Congo. The book urges a critical rethinking of the ICC's politics and offers concrete recommendations for future practice.

This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.

This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.

During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.

Can international human rights law be applied and enforced in a part of a State's territory outside its effective control? This study provides a step by step analysis to show how it can. International human rights law can normalise an imperfect, defective situation through pragmatic interpretation; it imposes obligations both on the territorial State on account of its sovereign title and residual effectiveness on the one hand, and on any subject of international law exercising territorial control over the area on account of its effective control on the other. By considering effectiveness beyond formal normative sources and titles of the subjects implicated in the territorial situation, international human rights law is interpreted and applied in a manner which renders human rights practical and effective. The book provides a comprehensive analysis of State practice regarding various subjects implicated in the territorial situation, applicable legal sources and major geographic areas.