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Public international law
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Developing Countries and the Multilateral Trade Regime
The Failure and Promise of the WTO's Development Mission
Donatella Alessandrini
This book explores the way in which 'development' has functioned within the multilateral trade regime since de-colonisation. In particular, it investigates the shift from early approaches to development under the GATT to current approaches to development under the WTO. It argues that a focus on the creation and transformation of a scientific apparatus that links forms of knowledge about the so-called Third World with forms of power and intervention is crucial for understanding the six decades long development enterprise of both the GATT and the WTO. The book is both topical and necessary given the emphasis on the current round of negotiations of the WTO. The Doha 'Development' Round has been premised on two assumptions. Firstly, that the in...
August 2010 254pp hbk 9781849460309 £45.00
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Select Proceedings of the European Society of International Law, Volume 2 2008
Edited by Hélène Ruiz Fabri, Rüdiger Wolfrum and Jana Gogolin
This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Third Biennial Conference organised by ESIL and the Max Planck Institute for Comparative Public Law and International Law in 2008. The conference was entitled 'International Law in a Heterogeneous World', reflecting an idea which is central to the ESIL philosophy. Heterogeneity is considered one of the pillars upon which Europe's contribution to international law is built and the subject was considered in a number of panels, including such diverse topics as migration, the history of international law, the rules on warfare and international environmental law. ...
June 2010 766pp pbk 9781849460644 £65.00
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Human Dignity and the Foundations of International Law
Patrick Capps
International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of ...
June 2010 308pp pbk 9781849460897 £22.00
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The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes
Héctor Olásolo
As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at...
June 2010 396pp pbk 9781849460903 £25.00
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Africa
Mapping New Boundaries in International Law
Edited by Jeremy Levitt
The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. The volume addresses orthodox topics of international law such as jurisdiction and intervention, from an African perspective, and seeks to ask whether in each case, the African perspective is unique or affirms existing arrangements of international law. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-l...
June 2010 360pp pbk 9781849461177 £25.00
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The Democratic Legitimacy of International Law
Steven Wheatley
The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a ...
June 2010 424pp hbk 9781841138176 £60.00
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The Iran Nuclear Issue
Yaël Ronen
Controversy over the Iranian nuclear policy has been mounting in both legal and political circles since the early 2000s. Most recently, the IAEA, tasked with verifying compliance of Member States with the NPT, has been expressing concern that Iran's nuclear efforts are directed not solely at peaceful uses but also at military purposes. In response, various States have tried, individually and collectively, to engage Iran in agreed frameworks of action that would include an Iranian self-imposed restraint regarding its nuclear development. This volume documents the Iranian nuclear issue, tracing the evolution of international interest and concern with Iran's nuclear policy since the 1970s, when Iran began earnest efforts to acquire nuclear cap...
May 2010 550pp hbk 9781841137568 £50.00
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Rough Consensus and Running Code
A Theory of Transnational Private Law
Gralf-Peter Calliess and Peer Zumbansen
Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and...
May 2010 382pp hbk 9781841139746 £50.00
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Mixed Agreements Revisited
The EU and its Member States in the World
Edited by Christophe Hillion and Panos Koutrakos
Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by...
May 2010 418pp hbk 9781841139548 £75.00
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The Legal Foundations of INTERPOL
Rutsel Silvestre J Martha
This book is a study of the legal aspects of the birth and development of an international organisation, using the example of INTERPOL as a detailed case study. It is not a constitutional manual for INTERPOL, but an organisational study, and does not seek to be exhaustive in terms of its description of INTERPOL's operations. Its main focus is the examination of the question whether an international organisation, in this case INTERPOL, can be created without a solemn and formally celebrated treaty. At the same time the book sets out the legal foundations for extra-judicial international police enforcement cooperation and explains the creation, structure and operation of INTERPOL, the organisation that promotes that cooperation. For practitio...
May 2010 280pp hbk 9781849460408 £50.00
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