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  • Hart Publishing, Oxford - Good books for lawyers
    its case law the ICJ has made immense contributions to the development of human rights law and in so doing continues to provide solutions to mounting international problems such as terrorism and unilateral use of force Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity Furthermore it argues that the processes of international legislation and international adjudication are inseparable and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine Hence human rights law is more a school of law than merely a normative branch of international law and the ICJ s willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to In order to evaluate how this human rights spirit is manifested or occasionally not manifested through the vast jurisprudence of the ICJ Parts II and III critically examine the Court s principal contentious and advisory cases in which it has treated human rights questions The legal reasoning of the Court

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135762 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Schutter This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved It first examines the responsibility of States in controlling transnational corporations emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra territorial legislations It then turns to self regulation by transnational corporations through the use of codes of conduct or international framework agreements It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law Finally it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically Altogether the book offers a rigorous legal analysis of these different developments and critically appraises their potential Olivier De Schutter is a Global Law Professor at New York University and Co ordinator of the EU Network of Independent Experts on Fundamental Rights He is also a Professor at the University of Louvain Belgium and at the College of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136530 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Although there is general agreement on the need to regulate biotechnology in many different fields of human activity agriculture life sciences forensic science domestic law remains deeply divided over the best approach to take This book is the first attempt at covering the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms Through the contribution of a selected group of international scholars and experts from international organizations the book addresses 1 the international status of genetic resources both in areas of national jurisdiction and in common spaces such as the international sea bed area and Antarctica 2 the relevance of environmental principles in the governance of modern biotechnologies 3 the impact of biotechnologies on trade rules including intellectual property law 4 the human rights implications especially in the field of human genetics and 5 the intersection between general international law and regional systems especially those developed in Europe and Latin America The overall objective of the book is to provide an up to date picture of international law as it stands today and to stimulate critical reflection and further research on the solutions that will be required in years to come Francesco Francioni

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136318 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    reforms with obligations under international human rights law rarely has this been carried out through a rigorous and in depth application of international legal rules governing the proper interpretation of the institutions mandates and rarely have the policy consequences and practical possibilities for human rights integration been explored in any detail These are the principal gaps that the present book aims to fill by reference to a sample of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135670 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of some terrorist organisations all cast doubt on the adequacy of the existing political and legal framework to fight terrorism Due to this perception governments have increased the intensity of measures to combat terrorist activities such as using military force against States sponsoring terrorism freezing assets of terrorist organizations and promulgating national security measures designed to protect the State against would be terrorists This book comprehensively analyses the suitability of existing international legal tools to enforce rules prohibiting terrorism Contributions from leading experts in international law examine among others questions relating to the proper role of international law in combating terrorism the legality of covert operations against terrorism whether the law of armed conflict can be applied to the war against terror domestic anti terror laws and their compatibility with human rights standards and how to regulate the internet to prevent terrorist usage In addition the ways in which States can co operate together to more effectively investigate terrorist infrastructures and apprehend suspects is focused upon The interplay between different layers of legal authority at international regional and domestic levels is also subject to review This thorough examination of the array of legal means at the international community s disposal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135663 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    unable to deal with the demands of the twenty first century and differences and schisms between Islam and the west are being perceived as monumental and insurmountable 9 11 terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a clash of civilizations In this original and incisive study the author investigates the relationship between Islamic law States practices and International terrorism It presents a detailed analysis of the sources of Islamic law and reviews the concepts of Jihad religious freedom and minority rights within Sharia and Siyar In eradicating existing misconceptions the book provides a thorough commentary of the contributions made by Islamic States in the development of international law including norms on the prohibition of terrorism It presents a lucid debate on such key issues within classical and modern Islamic State practices as diplomatic immunities prohibitions on hostage taking aerial and maritime terrorism and the financing of terrorism The book surveys the unfairness and injustices within international law a legal system dominated and operated at the behest of a select band of powerful States It forewarns that unilateralism and the undermining of human rights values in the name of the war on

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135014 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Chapter VIII of the UN Charter First Edition Ademola Abass This book examines the development of collective security by regional organisations particularly after the Cold War It analyses the various constitutional developments that have occurred within regional arrangements such as ECOWAS African Union SADC OAS and NATO and critically analyses how these developments have propelled regional organisations to depart from the normative framework of regional arrangement contained in Chapter VIII of the UN Charter Through a comprehensive examination of practice the book evaluates the impact of regional organisations newly asserted powers to authorise enforcement action and determine when situations within member states warrant their intervention It inquires into the legal justifications for these developments both from within the UN Charter and regional treaties and practice and asks whether consensual intervention that is the use of force by regional organisations on the basis of their members consent contravenes or constitutes an exception to the prohibition of the use or threat of force under Article 2 4 of the Charter The book also analyses the regime of complementarity between the UN and regional organisations Ademola Abass is a Senior Lecturer in Law at the University of the West of England in Bristol

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134802 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    transnational structure of some terrorist organisations all cast doubt on the adequacy of the existing political and legal framework to fight terrorism Due to this perception governments have increased the intensity of measures to combat terrorist activities such as using military force against States sponsoring terrorism freezing assets of terrorist organizations and promulgating national security measures designed to protect the State against would be terrorists This book comprehensively analyses the suitability of existing international legal tools to enforce rules prohibiting terrorism Contributions from leading experts in international law examine among others questions relating to the proper role of international law in combating terrorism the legality of covert operations against terrorism whether the law of armed conflict can be applied to the war against terror domestic anti terror laws and their compatibility with human rights standards and how to regulate the internet to prevent terrorist usage In addition the ways in which States can co operate together to more effectively investigate terrorist infrastructures and apprehend suspects is focused upon The interplay between different layers of legal authority at international regional and domestic levels is also subject to review This thorough examination of the array of legal means at the international community

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134307 (2016-02-13)
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