Bøger i Oxford Monographs in International Law serien

This book considers the concept of effectiveness and its role in boundary dispute settlements. Through analysis of the application of effectiveness in historical and contemporary case law this book examines the role that international law plays in the adjudication of boundary disputes.

UN organs play a significant role in implementing the law of State responsibility in global security contexts. This book analyses how the ICJ, the General Assembly and the Security Council contribute to the implementation of the laws of State responsibility, using transnational terrorism as its principal case study.

While some have argued that neutrality has become irrelevant, this volume asserts that neutrality continues to be a key concept of the law of armed conflict. Neutrality in Contemporary International Law details the rights and duties of neutral states and demonstrates how the rules of neutrality continue to apply in modern day conflicts.

Examining the legal principles behind UN Security Council sanctions, this book questions whether due process is afforded to sanctioned individuals in the context of the politics and crises that form the heart of Security Council decision-making.

In times of armed conflict the protection of human rights often slips down the list of a state's priorities. This is particularly the case for those rights concerned with people's economic, social, and cultural needs. This book studies how those rights are impacted by armed conflict, which derogations apply, and how they can be better protected.

International law dictates that states have sovereignty over their own monetary and fiscal affairs. In practice, however, globalization and the powers of organizations like the IMF and EU are thought to have significantly eroded this idea. This book offers a legal analysis of the development of monetary sovereignty and its meaning in today's world.

The international legal status of corporations is a contentious issue, as they do not easily fit within a system traditionally designed around states. This book assesses the ways in which corporations are bound by international human rights and environmental law, and the form their obligations take.

Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.

International human rights courts accord their member states a margin of appreciation in relation to the implementation and interpretation of human rights law. This book argues that a degree of deference is justified because although human rights standards are universal, in practice they inevitably look different from place to place.

International law imposes a range of obligations related to terrorism on states, including the duty to prevent terrorist acts, to extradite terrorists or prosecute them, and not to participate in terrorist activities. This book examines how the rules of state responsibility can be used to enforce these obligations and to respond to violations.

Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators spread out over a considerable area. Moreover, those who masterminded the crimes may not have actively participated in them. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.

Analyzing the nature of complicity in international criminal law, this book provides an account of the growing attention international law pays to complicity. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

Providing a comprehensive analysis of and coherent method for establishing obligations concerning the transit of energy through pipelines, in both multilateral and bilateral treaties, this book sets out the duties of transit states and remedies in case of breach.

This book, now in its second edition, analyses development across antitrust, criminal, and human rights law. Explores how the principles of sovereignty and territoriality have been undermined, and develops a new theory of international jurisdiction based on the concept of subsidiarity

A major work on the background to the Gulf War, this book is also a contribuition of quality to the literature on territorial disputes, to the development of a typology of disputes, and to diplomatic history.

This book analyses the concept of sharing responsibility between States for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.

Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.

This book analyses the international law and international organisations that have been constructed to regulate the worldwide proliferation of weapons technologies, particularly those have been classified as weapons of mass destruction (WMD) i.e. nuclear, chemical and biological weapons.

Based on an analysis of the diplomatic practice of states, and decisions by national and international courts, this book explores different meanings of the term 'recognition' and its variants in international law. It covers material of significant historical interest, as well as highly material such as developments in Angola, Kuwait and Haiti.

This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.

This book is an analysis of the regulation of naval weapons during armed conflict. It concentrates on the three principal weapons in use this century - naval mines, submarines, and anti-ship missiles. The book examines these referring to all the relevant sources of international law that deal with this area of state practice.

This detailed reference work on international law has been designed for legal scholars, practising international lawyers, government legal advisers, and advanced students of international law.

This book analyses the conventional and customary framework of the Fair and Equitable Treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

This book offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. It looks at the history and development of diplomatic protection, as well as the violations of international law whichcan trigger it. It goes on to examine conflicts of interests, and the influence of human rights on diplomatic protection.

This book analyses the human rights impacts of anti-terrorism laws and practices post September 11th. It evaluates whether there are objective grounds for singling out people based on their nationality, national origin, 'race', or religion and argues that discriminatory anti-terrorism measures will fundamentally reshape these legal regimes.

This book offers the first comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

Offers a study on 'complementary protection' - the protection afforded by States to persons who need international protection but fall outside the legal definition of a refugee in article 1A(2) of the 1951 Refugee Convention. This book also provides an analysis of complementary protection.

International Law and Infectious Diseases is a comprehensive analysis of the intersection between international law and infectious diseases. The monograph develops the concepts of microbialpolitik and global health jurisprudence to provide a political perspective and a framework for future legal action.

This book explores the different meanings of the term 'recognition' and its variants in international law. It analyses the effect of recognition on the legal status of foreign authorities. It covers material that is of significant historical interest, as well as topical material such as recent developments in Angola, Kuwait and Haiti.

Through analysis of state practice and key decisions of international tribunals, Dr Kontou considers the circumstances by which new customary law may abrogate the obligations of a prior treaty, and argues that there is a category of situations which supports the right to re-negotiate a treaty.