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614 results in Public International Law

Page 1 of 31

Orphanage Trafficking in International Law
The Right to Protection from Incitement to Hatred
  • The Right to Protection from Incitement to Hatred
  • An Unsettled Right
  • Mona Elbahtimy
  • Coming soon
  • Expected online publication date: January 2022
  • Print publication: 31 January 2022
  • View description
    Against the backdrop of the new globalized hate speech dynamics, the nature and scope of States' obligations pursuant to international human rights law on prohibiting incitement to hatred have taken on increased importance and have become a controversial issue within multilateral human rights diplomacy. Key questions being posed in the on-going debates over how best to respond to the new wave of hatred include whether the international legal norm against incitement to hatred, as it currently stands, is suitable to address the contemporary challenges of this phenomenon. Alternatively, does it need to be developed further? This book traces the journey of this norm in three analytical domains; its emergence, relevant supranational jurisprudence, and the recent standard-setting attempts within the UN. The book argues that five internal features of the norm had a strong influence on its difficult path within international human rights law.
Transnational Lawmaking Coalitions for Human Rights
The Three Ages of International Commercial Arbitration
  • The Three Ages of International Commercial Arbitration
  • Mikaël Schinazi
  • Coming soon
  • Expected online publication date: December 2021
  • Print publication: 31 December 2021
  • View description
    Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780–1920), the Age of Institutionalisation (1920s–1950s) and the Age of Autonomy (1950s–present). Mikaël Schinazi analyses the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history and international law.
  • Nuclear Weapons
  • Law, Policy, and Practice
  • Stuart Casey-Maslen
  • Coming soon
  • Expected online publication date: December 2021
  • Print publication: 31 December 2021
  • View description
    A new nuclear arms race is underway between Russia and the United States, one that focuses on the technology of delivery of nuclear warheads. This book describes how and why this race is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. A global nuclear ban treaty entered into force in January 2021, but the nuclear powers kept distant. The last remaining treaty restraining the arsenals of the two nuclear superpowers will expire in less than five years' time and the risk is that other States will turn to nuclear arms for their defence, further fracturing the non-proliferation regime installed after the Cuban missile crisis.
Climate Change and Maritime Boundaries
Tipping Points in International Law
  • Tipping Points in International Law
  • Commitment and Critique
  • Edited by Jean d'Aspremont, John Haskell
  • Coming soon
  • Expected online publication date: November 2021
  • Print publication: 30 November 2021
  • View description
    Addressing some of the most perilous, controversial issues in international law and governance, this volume brings together legal scholars from diverse geographic, personal and scholarly perspectives. They reflect on the pervasive feeling of crisis in the world today and share their views on the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow. What exactly is this feeling that the contemporary international legal architecture is at a tipping point? What do these possible risks expose about the fragility and limits of our current conceptual and institutional order? What commitments drive our hopes and anxieties? Authors explore these questions across a wide range of possible tipping points and offer readers a unique snapshot of the lived experience of what it means to be an expert engaged right now in international law and governance. Each chapter covers both theory and practice in analysing a current problem.
The Ecology of War and Peace
  • The Ecology of War and Peace
  • Marginalising Slow and Structural Violence in International Law
  • Eliana Cusato
  • Coming soon
  • Expected online publication date: November 2021
  • Print publication: 30 November 2021
  • View description
    The connection between ecology and conflict has been the object of extensive study by political scientists and economists. From the contribution of natural resource 'scarcity' to violent unrest and armed conflict; to resource 'abundance' as an incentive for initiating and prolonging armed struggles; to dysfunctional resource management and environmental degradation as obstacles to peacebuilding, this literature has exerted a huge influence upon academic discussions and policy developments. While international law is often invoked as the solution to the socio-environmental challenges faced by conflict-affected countries, its relationship with the ecology of war and peace remains undertheorised. Drawing upon environmental justice perspectives and other theoretical traditions, the book unpacks and problematizes some of the assumptions that underlie the legal field. Through an analysis of the practice of international courts, the UN Security Council, and Truth Commissions, it shows how international law silences and even normalizes forms of structural and slow environmental violence.
The Legality of a Jewish State
  • The Legality of a Jewish State
  • A Century of Debate over Rights in Palestine
  • John Quigley
  • Coming soon
  • Expected online publication date: November 2021
  • Print publication: 30 November 2021
  • View description
    In The Legality of a Jewish State, the author traces the diplomatic history that led to the partition of Palestine in 1948 and the creation of Israel as a state. He argues that the fate of Palestine was not determined on the basis of principle, but by the failure of legality. In focusing on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations, he offers an explanation of the effort in 1947-48 by Arab states at the UN to gain a legal opinion from the International Court of Justice about partition and the declaration of a Jewish state. Their arguments at that time may surprise a twenty-first-century reader, touching on issues that are still at the heart of the contemporary conflict in the Middle East.
  • Articulating Security
  • The United Nations and its Infra-Law
  • Isobel Roele
  • Coming soon
  • Expected online publication date: November 2021
  • Print publication: 30 November 2021
  • View description
    We live in a world of mobile security threats and endemic structural injustice, but the United Nations' go-to solution of strategic management fails to stop threats and perpetuates injustice. Articulating Security is a radical critique of the UN's counter-terrorism strategy. A brilliant new reading of Foucault's concept of disciplinary power and a daring foray into psychoanalysis combine to challenge and redefine how international lawyers talk about security and management. It makes a bold case for the place of law in collective security for, if law is to help tackle injustice in security governance, then it must relinquish its authority and embrace anger. The book sounds an alarm to anyone who assumes law is not implicated in global security, and cautions those who assume that it ought to be.
International Law and the European Union
  • International Law and the European Union
  • Jed Odermatt
  • Coming soon
  • Expected online publication date: October 2021
  • Print publication: 31 October 2021
  • View description
    The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.
Altruism in International Law
The Rights and Obligations of States in Disputed Maritime Areas

Page 1 of 31