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  • Hart Publishing, Oxford - Good books for lawyers
    issues surrounding the content and applicability of IHL as it applies to terrorism as well as to analyse and contextualise the current debates on these controversial and critically important questions While due heed is paid to doctrinal debates particular emphasis is placed on the practice of social actors particularly although not exclusively States The analysis of their actual conduct as well as their expectations about the interpretation and application of the law is crucial to establishing an interpretive consensus on when and how IHL is relevant to regulate acts of terrorism The approach of the book is analytical and discursive rather than prescriptive Thus the reader will find the relevant rules of IHL and other legal regimes as regards terrorism but also the debates over their application the contradictions in State practice and the impact these may have upon IHL s evolution and implementation The aim is to provide legal practitioners as well as those in military political and academic circles with a useful reference point Hopefully the book will also prove useful to other readers who will find its content and easy to read style an encouragement to getting acquainted with a topical subject traditionally thought to be reserved

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461375 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    relationship between the two 1 separation of jus ad bellum and jus in bello and 2 equal application of jus in bello to the conflicting parties These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially There is however a third principle concurrent application of jus ad bellum and jus in bello Unlike in the past jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence the two are now considered as one set of rules applying during a conflict The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles The relationship between the two has been principally discussed in the context of the use of force in self defence and international armed conflict However this book examines the relationship in other contexts of a very different nature namely the use of force under Chapter VII of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460552 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    ad bellum loosening the constraints on self defence Some even suggest that the very future of the United Nations in particular the Security Council and its collective security system is at risk at least in its current form This book does not address the question of the future of the United Nations an issue probably best left to scholars of international relations Instead it seeks to place the war on terror within the context of international law assessing how or whether it can be accommodated within the existing legal framework limiting the use of force Through an examination of the lawfulness or otherwise of both Operation Enduring Freedom and Operation Iraqi Freedom including the legal justifications advanced by those states involved and the reaction of the international community and involving a detailed discussion of the most important developments ie the permissibility of self defence against non state terrorist actors and the Bush doctrine of pre emptive self defence against terrorists as proclaimed in the 2002 US National Security Strategy the book determines whether and to what extent the right to use force or the acceptability of such military action is currently undergoing a radical transformation By assessing subsequent developments illustrating

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462150 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    norms into international custom and increased references to international law in domestic settings As a result of these developments international relations have now reached an unprecedented level of normative density and intensity but they have also given rise to the phenomenon of fragmentation The debate over the fragmentation of international law has largely focused on conflicts conflicts of norms and conflicts of authority However the same developments that have given rise to greater conflict and contradiction in international law have also produced a growing amount of normative equivalence between rules in different fields of international law New treaty rules often echo existing international customary norms Regional arrangements reinforce undertakings that already exist at the global level and common concerns and solutions appear in many international legal fields This book focuses on such instances of normative parallelism developing the concept of multisourced equivalent norms in international law with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions By concentrating on situations governed by a multitude of similar norms the book emphasizes the importance of legal contexts and institutional settings

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461450 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement namely the mechanism of investment treaty arbitration The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals This model which emerged strongly in the late 1990s has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities This book explores how contract claims against states are dealt with in the two parallel processes of treaty based and contract based arbitration The book charts the development of commercial arbitration into an international legal remedy in this field discusses the theoretical problems which it

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136578 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Edited by Stephen Allen Alexandra Xanthaki The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights This is the first in depth academic analysis of this far reaching instrument Indigenous representatives have argued that the rights contained in the Declaration and the processes by which it was formulated obligate affected States to accept the validity of its provisions and its interpretation of contested concepts such as culture land ownership and self determination This edited collection contains essays written by the main protagonists in the development of the Declaration indigenous representatives and field leading academics It offers a comprehensive institutional thematic and regional analysis of the Declaration In particular it explores the Declaration s normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues Stephen Allen is a Lecturer in Law at Brunel University Alexandra Xanthaki is a Reader in Law and Deputy Head

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138787 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    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 the human dignity of the community it governs as well as the dignity of those human beings and states affected by its actions in international relations This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy The book shows how this approach is reflected in accepted paradigm cases of international law such as the United Nations Charter It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms including our understanding of the sources of international law international legal personality and the design of global institutions Patrick Capps is

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460897 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    and seeks to ask whether in each case the African perspective is unique or affirms existing arrangements of international law The book cannot come at a more important time While international legal discourse has been captured by the challenge of terrorism since September 11 2001 there are clear signs that other issues are returning to the fore 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 legal landscape for Africa This and more is explored and the key normative questions are addressed in a series of essays by leading Africanist scholars This is a remarkable collection of essays that clearly and concisely demonstrates that Africa has and will continue to play a major role in fashioning new norms of international law and policy and contribute to its progressive development by affirming existing norms Professor Levitt is to be commended for having the vision leadership and intellectual prowess to produce this excellent text The book signals a major shift from the study of Africa as a basket case to a normative market place Akua Kuenyehia Vice President International Criminal Court Professor Levitt s work Africa Mapping New Boundaries in International Law is pathbreaking in the true sense of that word Through old and new voices it excavates the singular contributions of Africa to a discipline that is marked by Eurocentrism and imperial aspirations The authors taking their cue from the indefatigable and insightful Professor Levitt establish beyond a shadow of a doubt the enormity of the normative contributions that Africa has made to international law The book must therefore be seen as a defining contribution to the multiculturalization of international law It is for this

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461177 (2016-02-13)
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