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  • Hart Publishing, Oxford - Good books for lawyers
    the history of political thought After reviewing some history of state responses to terrorist violence and their efficacy this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states In particular it considers the interaction between national and international law in shaping and implementing anti terror measures and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights It also examines the strains this has caused on some democracies especially a blurring in the separation of powers between the legislative executive and judicial branches of government giving reason to enquire afresh whether new paradigms are needed Finally the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached By drawing on the expertise of historians political scientists and lawyers this book promotes transdisciplinary dialogue recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies Geneva and at the Faculty of Law of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138183 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    reconsideration of the question how should the authority to make and interpret international law be allocated among states international organizations and tribunals or in other words who should decide what in a system that formally lacks a central authority This is not only a juridical question but one that lies at the very heart of the political legitimacy of international law as a system of governance defining the relationship between those who create the law and those who are governed by it in a globalizing world In this book leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization Sovereignty Supremacy and Subsidiarity The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions They deal inter alia with the structure of the international legal system and the tenacity of sovereignty as one of its foundations assess the role of supremacy in inter judicial relations and draw lessons from the experience of the European Union in applying the principle of subsidiarity This volume will be of great interest to scholars

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137971 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    does not specifically prohibit the use of nuclear weapons it indicates important environmental factors that are properly to be taken into account in the context of the implementation of the principles and rules of the law applicable in armed conflict The present work analyses this conclusion focusing on the question whether or not the use of nuclear weapons during international armed conflict would violate existing norms of public international law relating to the protection and safeguarding of the environment Although the use of weaponry during armed conflict is usually related to the protection of individuals the rapidly emerging appreciation of and the worldwide realization of the intrinsic value of the natural environment as an indispensable asset for the continuation of life including human life on this planet both for present and future generations warrants a thorough and extensive examination of the question of the il legality of the employment of nuclear weapons from the point of view of international environmental protection law The book consists of two parts Part I discusses the historical development and the effects of nuclear weapons Part II discusses the protection of the environment during international armed conflict under ius in bello ius ad bellum and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137452 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    them from an African perspective 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

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136189 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    edited collection responds to some of the contemporary challenges faced by the international protection regime with a particular focus on the human rights of those displaced The book begins by assessing the impact of anti terrorism laws on refugee status both at the international and domestic levels before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers access to territory and entitlements both procedural and substantive It considers the particular needs and rights of children as forced migrants but also as children the role of human rights law in protecting religious minorities in the context of debates about national identity the approaches of refugee decision makers in assessing the credibility of evidence and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law so as to overcome or at least diminish the currently diverse and sometimes conflicting approaches of national courts The last part of the book examines the status of people who benefit from complementary protection such as those who cannot be removed from a country because they face a risk of torture or cruel inhuman or degrading treatment or punishment and the scope for the broader

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137704 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    could be used in the analysis of international law and to determine what insights about a human security approach might be gained by considering it from the perspective of international law The first part of the book examines the evolution and meanings of the concept and its links with existing theories and principles of international law The second part explores the ways in which human security has been and could

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136103 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    half a million deaths annually The unrestricted international transfer of SALW by states 99 states and 1000 companies involved in manufacturing and supply is one of the major contributory and aggravating factors of this crisis another is the illicit traffic in small arms This book deals with the proliferation of SALW and their unregulated trade and transfer across borders It addresses questions of definition manufacturing trade transfer and issues relating to state responsibility The primary focus is on conventional small arms in particular military style weapons The book tackles the core and most divisive legal problem of whether or not the laws relating to arms control and relevant norms of international law provide substantive restrictions upon the transfer of small arms by states The application of the norms of international peace and security non intervention humanitarian and human rights laws and evolved relevant customary rules of arms control relating to these norms are considered particularly carefully Questions of application and enforcement of relevant rules and institutional responses to the problem are also examined The UN began considering an arms trade treaty in 2006 the publication of the book at this critical moment in time will make a positive contribution towards

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137469 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    group of experts from academia and from international organisations with the purpose of discussing the extent to which current activities in the field of biotechnology can be regulated by existing human rights principles and standards and what gaps if any need to be identified and filled with new legislative initiatives Instruments such as the UNESCO Declaration on the Human Genome 1997 and on Bioethics and Human Rights 2005 are having an impact on customary international law But what is the relevance of these instruments with respect to traditional concepts of state responsibility and the functioning of domestic remedies against misuse of biotechnologies Are new legislative initiatives needed and what are the pros and cons of a race toward the adoption of new ad hoc instruments in an area of such rapid technological development Are there risks of normative and institutional fragmentation as a consequence of the proliferation of different regulatory regimes Can we identify a core of human rights principles that define the boundaries of legitimate uses of biotechnology the legal status of human genetic material as well as the implications of the definition of the human genome as common heritage of humanity for the purpose of patenting of genetic

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137032 (2016-02-13)
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