Featuring original contributions from well-established scholars and emerging stars in law and politics, this cutting-edge reader provides students with a succinct overview of the key issues facing international law today. The authors range from political science and law school instructors to professional researchers and lawyers in private practice, and they offer diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. Topics include R2P (Responsibility to Protect) and universal jurisdiction, nonterritorial subjects of international law, international political economics (IPE), the International Court of Justice (ICJ), international humanitarian law (IHL), the environment, political violence and terrorism, and post-colonialism. A concluding section on international political interaction covers a wide range of issues that link international politics to international law. Offering the most inclusive and contemporary body of material available, International Law: Contemporary Issues and Future Developments is an essential resource for courses on politics and international law.
Author: Alan E. Boyle
Publisher: Oxford University Press, USA
Release Date: 2001
Genre: Business & Economics
International Law and Sustainable Development: Past Achievements and Future Challenges is a collection of essays that cover some of the most important contemporary issues in contemporary law relating to sustainable development, the utilization of natural resources, and the protection of the environment. Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the International Maritime Organization, and the Food and Agriculture Organization; and practitioners of international law, as well as some of the leading scholars writing on international environmental law and related subjects this book covers many of the major legal developments that have taken place since the United Nations Conference on Environmental Development held in Rio de Janeiro in 1992. The contributors bring new perspectives on sustainabledevelopment as a legal principle, the role of the International Law Commission in codifying international environmental law, the protection of the marine environment following the entry into force of the 1982 UN Convention of the Law of the Sea, and the revolution in international fisheries law. The editors have ensured that the book covers a wide range of topics from Antarctica to small whales and the book will be of particular interest to those teaching or practising law of the sea and international environmental law.
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.
Author: Surendra R. Bhandari
Release Date: 2016-04-25
Global Constitutionalism and the Path of International Law offers an account of the most important growth and features of international law in the form of global constitutionalism. This book demonstrates how global constitutionalism is shaping the path of international law.
Author: Anne T. Gallagher
Publisher: Cambridge University Press
Release Date: 2014-07-21
Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
Release Date: 2015-04-16
This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.
Author: Jorge E. Viñuales
Publisher: OUP Oxford
Release Date: 2015-02-05
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Author: Markus Kaltenborn
Release Date: 2014-11-04
This book addresses practitioners in development cooperation as well as scientists and students who are interested in the interaction of human rights and development issues. In the practice of development cooperation, linking poverty reduction programs with human rights is mainly achieved using so-called “Rights-based Approaches to Development.” In this context the right to an adequate standard of living (including access to food, water and housing), the right to health and the right to social security are of particular importance – human rights that will play a key role in the design of the Post-2015 Development Agenda, which is currently being negotiated as a framework to succeed the Millennium Development Goals. The book provides an overview of the main international legal standards that are relevant for the protection of social rights, while also analyzing the content of those rights. Moreover, it informs readers on the current debates surrounding the extraterritorial obligations of donor countries and the duties of transnational corporations and international organizations (e.g. the World Bank and WTO) with regard to the implementation of social rights in the Global South.
Author: American Society of International Law
Publisher: Martinus Nijhoff Publishers
Release Date: 1992-03-26
"Contemporary International Law Issues: Sharing Pan-European and American Perspectives" is the record of the First Joint Conference of The American Society of International Law and the Nederlandse Vereniging voor Internationaal Recht, which was held in The Hague, The Netherlands on July 4-6, 1991. At this event international scholars, practitioners and experts gathered to discuss the latest developments in such areas as trade and investment, the environment, human rights, settlement of disputes and commercial arbitration, with particular reference to the Middle East, Central and Eastern Europe, and the European Community. The conference focused especially on Pan-European perspectives on current international legal issues. The content of these Proceedings is evidence of the wide range of dialogue that occurred during the Joint Conference. The book provides a record of this dialogue and directs the reader to issues which might form suitable subjects for further research and elaboration in other scholarly work. The book will be of interest to academics and diplomats, as well as legal practitioners.
Author: Eibe Riedel
Publisher: Oxford University Press
Release Date: 2014-03
Economic, social, and cultural rights are protected by an international covenant, recently amended by the optional protocol which allows individuals to bring rights violations before a UN committee. This book addresses how successfully these rights are implemented and safeguarded worldwide, assessing the key challenges to their protection.
Author: Russell A. Miller
Release Date: 2008
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book "Progress in International Organization," Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. "Progress in International Law" critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.
Author: Johanna Hjalmarsson
Release Date: 2016-09-19
Genre: Business & Economics
The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.
Author: M. Fitzmaurice
Publisher: Edward Elgar Publishing
Release Date: 2009-01-01
. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.