Böcker i Studies in International Law-serien

Rebellious Jurisprudence is the first attempt to construct a theory of judicial dissent as a matter of general international law. Although dissenting and separate opinions are typically associated with the common law tradition, the right of judges to issue such opinions has been recognised and reproduced across most international tribunals. Despite this, until now no attempt has been made to theorise the institutionalisation of judicial dissent in international law and its implications for how international tribunals discharge their functions. This study offers a theory of judicial dissent that addresses its ubiquity in international law, notwithstanding the often-fundamental disagreement between the principal legal cultures as to its effects. Rebellious Jurisprudence explores how insights from social anthropology - specifically ritual theory - supplement conventional accounts of judicial dissent. Whereas existing literature focuses upon 'revolutionary' or 'radical' dissent, this study expands our field of focus to sharpen our understanding of the 'everyday' dissent: the (rebellious) 'institutional dissent'.By revealing how judicial dissent operates, and to what ends, Rebellious Jurisprudence is essential reading for those who regularly engage with judicial dissent by international judges - whether judges, practitioners, scholars or students - who seek to deepen their understanding of, and in turn enhance the accuracy and effectiveness by which they engage with, this burgeoning body of jurisprudential activity.

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives.Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors'' position in international law - neo-positivism, the policy-oriented approach and transnational law - are covered at the beginning of the book, and the essential political science perspectives - on non-state actors'' role in international politics and globalisation, as well as their soft power - are presented at the end.

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the 21st century.

This book provides a rigorous application of international legal rules governing the proper interpretation of the institutions' mandates.

This book responds to the contemporary challenges faced by the international protection regime, in particular the human rights of those displaced.

This book considers the effects of sovereignty and bilateralism on the Gibraltar dispute, and examines the resulting deficits of governance.

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption.

This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law).

This new work contributes to addressing the challenge of eradicating global hunger, by looking at the obstacles which prevent the implementation of a right to food in the era of globalisation.

This book explores the importance of legal contexts and institutional settings to international law-interpretation and application.

The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorist activities should occur, including at the intergovernmental level. This monograph examines one such important intergovernmental organisation, the Organisation of Islamic Cooperation.

This book is the second in a series which addresses practical issues relating to contracting under the Cape Town Convention.

This book analyses the legal questions raised by terrorism, and efforts to fight it, from the perspective of international humanitarian law.

In this powerfully argued book, Conklin critically evaluates traditional efforts to recognise and reduce statelessness.

Based on author's thesis (doctoral), University of Meunster, 2013.

This book explores how contract claims against states are dealt with in the parallel processes of treaty-based and contract-based arbitration.

The aim of this book is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation.

This edited collection focuses upon the growth and complexity of legal methods used in international dispute settlement, which includes judicial settlement, arbitration and other legal means.

This book restates the deliberative ideal developed by Habermas, and applies this to the systems of global governance.

This book offers comprehensive institutional, thematic and regional analysis of the Declaration on the Rights of Indigenous Peoples.

This study provides a comprehensive analysis of the powers of the Security Council under Chapter VII of the Charter of the United Nations.

This book addresses a broad range of theoretical and practical aspects of the question of allocation of authority in international law.

This book considers the link between the discipline of international lawyers and the foundations issues of jurisprudential method.

This book reviews state responses to terrorist violence and assesses the effects of modern counterterrorism law and policies on democratic states.

This book assesses whether the 'war on terror' can be accommodated within the existing legal framework limiting the use of force.

The book investigates whether amnesty entails violation of a state's international obligations or whether it can contribute to peace and justice.