Bøger i Studies in International Law serien

Based on author's thesis (doctoral - European University Institute, Florence, Italy, 2014).

Based upon Daragh Murray's the author's PhD thesis at the University of Essex--Foreword

This book offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigor of legal processes in the on-going quest to end impunity.

This book analyses the current state of child soldiering internationally. The proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated to determine if they are capable of better enforcement.

The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process.

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

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

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

This book is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration.

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

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.

This book aims to enhance understanding of the interactions between the international and national rule of law. The book demonstrates that the international rule of law is not merely about ensuring national compliance with international law.

Sanctions have become an increasingly popular tool of foreign policy. Bringing together scholars and government and private practitioners, this book provides an overview of recent developments and an analysis of the problems that they have engendered

This book examines the extent to which international law can address the human, political, military, socio-economic, environmental and energy security risks that society faces today.

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.