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  • Hart Publishing, Oxford - Good books for lawyers
    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 requirement of consent to international law norms but the decline of the Westphalian political settlement means that the two track model of democratic self determination is no longer sufficient to explain the legitimacy and authority of law The emergence of non state sites for the production of global norms that regulate social economic and political life within the state requires an evaluation of the concept of international law and the legitimate authority of non state actors Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state The construction of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138176 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    edited collection focuses upon the growth and complexity of such legal methods which includes judicial settlement courts and tribunals arbitration and other legal or what might be termed extra legal means international organisations committees inspection panels and ombudsmen In this important collection such mechanisms are compared and evaluated side by side to provide in one volume a detailed and analytical account of the current framework Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law including international trade law collective security law and regional law this collection written by leading international lawyers provides a major study in the ongoing trends and emerging problems in this crucial area of international law This edited collection is published to mark the retirement of Professor John Merrills Emeritus Professor of International Law University of Sheffield who has written widely on international law and human rights law but is probably best known for his work on the settlement of international disputes evidenced by the enduring appeal of his leading text International Dispute Settlement now in its fourth edition Duncan French is Head of the School

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139128 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    resort to armed force by states jus 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

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136097 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    law We live in the BIT generation a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges such as the arbitral bodies established to resolve investor state disputes defining the relationship between property rights and the public interest They also review state action for arbitrariness and define the proper tests under which that review should proceed State Liability in Investment Treaty Arbitration is an interdisciplinary work aimed at academics and practitioners which focuses on five key dimensions of BIT arbitration First it analyses the past practice of state responsibility for injuries to aliens placing the BIT generation in historical perspective Second it develops a descriptive law and economics model that explains the proliferation of BITs and why they are all worded so similarly Third it addresses the legitimacy deficits of this new form of dispute settlement weighing its potential advantages and democratic shortfalls Fourth it gives a comparative overview of the universal tension between property rights and the public interest and the problems and challenges associated with liability grounded in illegal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138565 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Court of Justice This book examines the burgeoning relationship between the ICJ and the right of self defence Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self defence actions in contrast to only two such cases in the preceding fifty years This then is an opportune moment to reconsider the jurisprudence of the Court on this issue This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence It argues that the contribution of the ICJ has been confused and unhelpful and compounds inadequacies in existing customary international law The ICJ s fundamental conception of a primary criterion of armed attack as constituting a qualitatively grave use of force is brought into question The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue Winner of the American Society of International Law s Lieber Society Book Prize 2009 Dr Green s monograph demonstrates a thorough understanding of the law of self defence coupled with an informed and evaluative discussion of the role and function of the International Court It is an impressive analysis of the International Court of Justice s jurisprudence on self defence Professor Iain Scobbie Judge of the American Society of International Law s Lieber Society Book Prize 2009 Sir Joseph Hotung Research Professor School of Oriental and African Studies London James Green s The International Court of Justice and Self Defence in International Law usefully draws together the jurisprudence of the International Court of Justice on the international law governing self defence The work could not be more timely in light of both contemporary State practice and the Court s recent controversial judgements on the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138763 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    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 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

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133577 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    society and the conservation and management of limited resources This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice The author constructs a version of property that articulates both the private and public function of property This restores some much needed balance to property discourse He also assesses the impact of international law on the use of property rights a much neglected topic and shows how different legal and socio political values that inhere in different legal regimes fundamentally shape the construction of property rights Despite the many claimed benefits to be had from the use of private property rights based management systems the author warns against an uncritical acceptance of this approach and in particular questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135892 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    achieve a stable peaceful and equitable system of government This book aims to investigate whether an amnesty necessarily entails a violation of a state s international obligations or whether an amnesty accompanied by alternative justice mechanisms can in fact contribute positively to both peace and justice This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War The database and chapter structure were designed to correspond with the key aspects of an amnesty why it was introduced who benefited from its protection which crimes it covered and whether it was conditional In assessing conditional amnesties related transitional justice processes such as selective prosecutions truth commissions community based justice mechanisms lustration and reparations programmes were considered Subsequently the jurisprudence relating to amnesty from national courts international tribunals and courts in third states was addressed The information gathered revealed considerable disparity in state practice relating to amnesties with some aiming to provide victims with a remedy and others seeking to create complete impunity for perpetrators To date few legal trends relating to amnesty laws are emerging although it appears that amnesties offering blanket unconditional immunity for state agents have declined Overall amnesties have increased in popularity since the 1990s and consequently rather than trying to dissuade states from using this tool of transitional justice this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes David Dyzenhaus This is one of the best accounts in the truth and reconciliation literature I ve read and certainly the best piece of work on amnesty I ve seen Diane Orentlicher Ms

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137711 (2016-02-13)
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