Bøger i Oxford Monographs in International Law serien

The book examines the ways coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ.

This book addresses the unresolved legal challenges which the increasing role of private corporate actors in deep seabed mining will raise in the coming years. It assesses the tension between corporate commercial interests and the achievement of the common heritage of mankind, under the United Nations Convention on the Law of the Sea.

The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.

This book asks what the legal definition of an international organization is by examining how they create particular legal systems that derive from international law, and analysing the systems of governance in these organizations.

Outlines investment treaty arbitration as a public law system, by demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. This book exposes some consequences of transplanting rules of commercial arbitration into the regulatory sphere.

Provides a comprehensive analysis that asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. This work examines the traditional arguments on this subject, and offers a vision of the realisation of international human rights within the application of Islamic law.

As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't international law, and suggests ways in which this formalism can be modernized

Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.

States' human rights obligations under international treaties often extend beyond their borders and cases are increasingly being brought for violations which took place outside of a state's territory. This book makes sense of the often confusing case law on this issue and proposes a new way of interpreting extraterritorial human rights obligations.

Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.

In the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be considered to violate international law. This book argues that the law of international responsibility allows States to disobey these obligations when they would result in a serious violation of human rights.

Addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the implementation and enforcement of international law. This book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law.

This book examines the international lawfulness of state-sponsored targeted killings in military and police operations. Through an exhaustive analysis of recent state practice and jurisprudence, the book establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.

This book addresses a dilemma at the heart of the 'War on Terror': Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

This book deals with the international response to one of the most serious environmental problems we face at the end of this century: transboundary traffic in hazardous wastes. It analyses the key international treaties in this field, and proposes ways to build a comprehensive global waste management regime.

Against the backdrop of decolonization and the territorial adjustments of the 1990s, the issue of state succession continues to be a vital and complex focal point for public international law. This book offers a pragmatic re-assessment of the foundations of the law of succession, assessing the attempts, and failures to achieve a codified body of law.

Peremptory norms are non-derogable standards of international public policy, which impose limits on how far governments, politicians, and diplomats can further their own goals in making international transactions. This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens).

This book reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States.

Examines the many failed attempts by the international community and the United Nations since the 1920s to define and criminalize terrorism. This book explains why the international community should define and criminalize terrorism, how it should define it, and what it should exclude from the definition of terrorism.

Focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. This book considers the history and merits of this concept.

This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.

Provides a conceptual and legal analysis of one of the most important challenges facing international organizations: their exercise of sovereign powers. This book examines the exercise of sovereign powers by organizations such as the United Nations, the World Trade Organization, and the European Union.

This book deals with the protection of human rights in international criminal proceedings. Its basic assumption is that human rights are the yardstick against which to measure the conformity of international criminal proceedings with the rule of law and fundamental principles of justice.

This title identifies the international legal issues which arise when a State exercises extraterritorial jurisdiction generally. It brings together accounts of universal jurisdiction in 14 countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the UK and the US.

This book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace.

The Statute of the International Criminal Court (ICC) was agreed in 1998. This provides a rough outline of a procedure, but it still needs to be made workable for the prosecution of international criminals. The aim of this book is to develop an international criminal procedural order.

The question of the legality of humanitarian intervention is a simple one - the Charter of the United Nations prohibits the use of force, with only two exceptions. This study examines the argument that a right of unilateral intervention pre-existed the charter.

This book sets out to answer the question of when a political entity becomes a state in international law, one of the foundational questions of the discipline.

This book investigates the consequences of geographical change and climate change on State jurisdiction in the sea. It considers the effects of shifting coastlines on territorial sovereignty, population displacement, and the idea of 'legal extinction' of a State.

In this first comprehensive analysis of state organized crime from the perspective of international law, Decoeur discusses how international law can and should be used to tackle state organized crime and argues for the development of international legal mechanisms specifically designed to address this issue.