The Future of the International Legal Order, Volume 3

Conflict Management

Author: Cyril E. Black,Richard A. Falk

Publisher: Princeton University Press

ISBN: 0691196753

Category: Law

Page: 432

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The eleven contributors to this volume come to grips with the hard realities of controlling war in our modern, interrelated world. All of them deal directly with the role of law in the management of conflict. From Cyril E. Black's introductory chapter, "Conflict Management and World Order," to Richard J. Barnet's concluding chapter, "Toward the Control of International Violence: The Limits and the Possibilities of Law," each expert moves from analysis of some immediate problem of international legal control to the direct application of law to war. The contributors include Tom J. Farer, Rosalyn Higgins, John Norton Moore, Daniel Wiles, William B. Bader, Arnold Kramish, Mason Willrich, W. Michael Reisman, and Harold Feiveson. Conflict Management is the third volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. A brochure describing the entire series is available. Cyril E. Black is Duke Professor of Russian History and Director of the Center of International Studies, Princeton University. Richard A. Falk is Milbank Professor of International Law and Practice, Princeton University. Written under the auspices of the Center of Interntional Studies, Princeton University. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Six-Day War and Israeli Self-Defense

Questioning the Legal Basis for Preventive War

Author: John Quigley

Publisher: Cambridge University Press

ISBN: 1107032067

Category: History

Page: 266

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The war of June 1967 between Israel and Arab states was widely perceived as being forced on Israel to prevent the annihilation of its people by Arab armies hovering on its borders. Documents now declassified by key governments question this view. The UK, USSR, France and the USA all knew that the Arab states were not in attack mode and tried to dissuade Israel from attacking. In later years, this war was held up as a precedent allowing an attack on a state that is expected to attack. It has even been used to justify a pre-emptive assault on a state expected to attack well in the future. Given the lack of evidence that it was waged by Israel in anticipation of an attack by Arab states, the 1967 war can no longer serve as such a precedent. This book seeks to provide a corrective on the June 1967 war.

Canadian Foreign Policy and the Law of Sea

Author: Barbara Johnson,Mark W. Zacher

Publisher: UBC Press

ISBN: 0774844264

Category: Law

Page: N.A

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Since the 1960s, there have been intensive international negotiations to revise the law of the sea. These discussions culminated in the convening of the Third United Nations Conference on the Law of the Sea in December 1973 and in four additional sessions up to September 1976. Whether the almost 150 participating states will be able to reach an accord in 1977 or later on, the myriad issues on their agenda is still uncertain. Two major issues have been the extension of coastal-state jurisdiction over resources and activities and the estblishment of an international regime to govern the exploitation of the deep seabed. Canada's most significant role has been that of a leader of the "coastal-state grouping," which has sought to expand states' jurisdiction over fisheries, seabed resources, scientific research, and pollution control within a 200-mile economic zone and sometimes beyond. A number of these Canadian policy goals have already been accepted by a large majority of the participants in the conference. In this role, Canada has found itsself opposed to many of its traditional allies among the developed nations with large fleets engaged in commerce in distant waters, and concerned about the traditional freedom of the high seas, and has aligned itself with the coastal developing nations of Africa, Asia, and Latin America. The seven essays in this volume examine the development of Canadian policies on the major law of the sea issues and the outcome of the negotiations on them. In so doing, the studies have analysed Canada's dramatic seward expansion and involvement in one of teh most important United Nations Conferences.

Evolution and International Organization

Toward a New Level of Sociopolitical Integration

Author: V. Rittberger

Publisher: Springer Science & Business Media

ISBN: 9401020019

Category: Political Science

Page: 131

View: 8007

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unlike the historical-descriptive or legalistic approaches still pervading the majority of publications on international organization, has an implicit (empirical-) theoretical orientation. As a concomitant development, Yalem notes an increasing methodological 6 sophistication among some students of international organization. However, except for some favorable comments on the evolving theory of international community formation, Yalem does not evaluate the contribution of the empirical-theory-cum methodology literature to the study of international organization. More recently, Riggs and his associates (1970) and Alger (1960-70; 1970) have taken it upon themselves to do just this. The analysis of the impact of bthavioralism on the study of the United Nations system by Robert Riggs and his associates is a rather devastating indictment. Though demonstrating a concern to present balanced and qualified conclusions from their pemsal of the relevant literature, they summarize their assessment in the following statement: Behavioral research has probably been the most disappointing in the area of its central concern, that of theory-building. The grand theories tend to be heuristic in nature, divorced from the essential data base; and the best-supported proposi tions have the natrowest theoretical significance. Despite its aims and pretensions, the approach has not yet produced a coherent set of explanatory propositions to bring order or scientific exactness to the study of international organization or any substantial segment of it (Riggs et al. , 1970: 230).

Yearbook of the International Law Commission 2000

Author: United Nations: International Law Commission

Publisher: United Nations Publications

ISBN: 9789211335323

Category: Business & Economics

Page: 156

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This yearbook includes the report of the International Law Commission to the UN General Assembly on the work of the 52nd Session. The first part of the sessions was held from 1 May to 9 June 2000 and the second part held from 10 July to 18 August 2000. Topics covered included: State responsibility; Diplomatic protection; Unilateral acts of States; Reservations to treaties and International liability for injurious consequences arising out of acts not prohibited by international law

The Epochs of International Law

Author: Wilhelm G. Grewe

Publisher: Walter de Gruyter

ISBN: 3110902907

Category: Law

Page: 802

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Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

The IMLI Manual on International Maritime Law

Volume I: The Law of the Sea

Author: David Attard,Malgosia Fitzmaurice,Norman A. Martinez Gutierrez

Publisher: OUP Oxford

ISBN: 0191509949

Category: Law

Page: 640

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This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

Methods of Resolving Conflicts Between Treaties

Author: Ali Sadat-Akhavi

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041120311

Category: Political Science

Page: 273

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Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues. This work will assist and appeal to both academics in the fields of international law and political science and professionals engaged in international negotiations and treaty-making.

The Osce in the Maintenance of Peace and Security

Conflict Prevention, Crisis Management, and Peaceful Settlement of Disputes

Author: Michael Bothe,Natalino Ronzitti,Allan Rosas

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041104465

Category: Law

Page: 557

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This book illustrates the OSCE institutional system & critically evaluates its ability to cope with an evolving European security order. It extensively covers the three-fold core of the OSCE: human rights, peaceful settlement of disputes, & peace-keeping. In doing so, it includes discussion of the High Commissioner of National Minorities, long-term missions, peace-keeping instruments & OSCE relations with the United Nations & European security organizations, the Valletta mechanism, & the OSCE Court of Conciliation & Arbitration. The OSCE in the Maintenance of Peace & Security benefits from diverse perspectives via the efforts of lawyers, career diplomats, international relations scholars, & international officials. Its extensive index facilitates consultation on a broad range of complex issues including the practice of the Organization, with an analysis of case-studies such as Nagorno-Karabakh & the former Yugoslavia; the theoretical foundation of OSCE instruments & functions; & a chapter on OSCE's Mediterranean dimension, examining the OSCE periphery & the possibility of its geographical expansion. The OSCE in the Maintenance of Peace & Security's complete account of the OSCE structure, functions, & perspectives makes it an invaluable tool for lawyers, international relations experts, diplomats, & international civil servants.

Pluralism in International Criminal Law

Author: Elies van Sliedregt,Sergey Vasiliev

Publisher: OUP Oxford

ISBN: 019100829X

Category: Law

Page: 410

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Yearbook Of International Humanitarian Law

2001

Author: H. Fischer,Avril McDonald

Publisher: Cambridge University Press

ISBN: 9789067041690

Category: Political Science

Page: 865

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The Yearbook of International Humanitarian Law is a truly international forum for high-quality, peer-reviewed articles, commentaries on current developments, reports on state practice and documentation that have international humanitarian law as their focal point. The cosmopolitan character of the Yearbook is ensured by its international board of editors, outstanding experts in the field, and its global network of correspondents, reporting on state practice. All aspects of international law applicable during international and internal armed conflicts are covered, in addition to significant developments in related fields.

The Environmental Element in Space Law

Assessing the Present and Charting the Future

Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9004167447

Category: Law

Page: 396

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While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development

Prosecuting War Crimes

Lessons and legacies of the International Criminal Tribunal for the former Yugoslavia

Author: James Gow,Rachel Kerr,Zoran Pajic

Publisher: Routledge

ISBN: 1134610777

Category: Law

Page: 264

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This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.