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Critical edition combined with a revised English translation of Hugo Grotius Mare liberum, also providing an insight into the circumstances in which Hugo Grotius wrote this work.

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The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice's law and practice of his time. Irrefutably the leading work on the Court, previous editions of Rosenne's Law and Practice of the International Court have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne's distinctive voice, erudition, and rigorous objectives. Preserving Rosenne's focus on the caselaw of the Court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four substantive volumes: - Volume I: The Court as one of the principal organs, in particular the principal judicial organ, of the United Nations. Diplomats and legal advisers who deal with ma

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Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: legal culture and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and imp

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Featuring a diverse and impressive array of authors, this volume is the most comprehensive textbook available for all interested in international organization and global governance. Organized around a concern with how the world is and could be governed, the book offers: in-depth and accessible coverage of the history and theories of international organization and global governance; discussions of the full range of state, intergovernmental, and nonstate actors; and examinations of key issues in all aspects of contemporary global governance. The book’s 50 chapters are arranged into 7 parts and woven together by a comprehensive introduction to the field, separate section introductions designed to guide students and faculty, and helpful pointers to further reading. International Organization and Global Governance is a self-contained resource enabling readers to better comprehend the role of myriad actors in the governance of global life as well as to assemble the many pieces

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This incomparable book clearly shows practitioners how to navigate all the practical details of any kind of arbitration in any of the many venues located in Switzerland. Whether a dispute involves intellectual property, construction, trusts, sports, investment, or any of the other problem areas where arbitration promises the best resolution, arbitrators and the parties they represent will find all the information and guidance they need here. Included are such topics as the following (and much more), each covered in a variety of institutional and case-related contexts: conduct of the arbitration; interim measures, including those issued by emergency arbitrators; taking of evidence; parallel proceedings; multi-party and multi-contract arbitrations; multi-tiered and hybrid arbitration clauses; recognition and enforcement of awards, including grounds for refusal; setting aside of awards; and revision of awards. The book also draws on Switzerland's l

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Company law is undergoing fundamental change in Europe. All European countries have undertaken extensive reform of their company legislation. Domestic reform has traditionally been driven by corporate failures or scandals. Initiatives to make corporate governance more effective are a feature of recent European law reform, as are measures to simplify and ease burdens on smaller and medium-sized businesses (SMEs). An increasing EU harmonisation is taking place through the Company Law Directives, and the free movement of companies is also facilitated by the case law of the European Court of Justice on the directives and the right to free movement and establishment in the EC Treaty. New European corporate forms such as the European Economic Interest Grouping (EEIG) and the European Company (SE) have added new dimensions. At a time of rapid development of EU and national company laws, this book will aid the understanding of an emerging discipline.

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Some of the most pressing legal issues of the day-the Russian invasion of Georgia, the detentions at Guantanamo Bay, and the use of suicide bombs-are found in this branch of international law. This book brings together cases and materials on the laws governing both the resort to armed force and the conduct of force. The new edition includes:Important new cases from the International Court of Justice, the United States Supreme Court, Israeli High Court of Justice, and other courtsA completely new chapter on prohibited weapons that begins with nuclear weapons and ends with suicide bombs

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Recently the contract section of the German code was radically amended after one hundred years of unaltered existence. The German Law of Contract-radically recast, enlarged, and re-written-now details and explains for the first time these changes for the benefit of Anglophone lawyers. Along with its companion work, The German Law of Torts, the two volumes provide one of the fullest accounts of the German law of obligations available in the English language. One hundred and twenty translated contract decisions make this work a unique sourcebook for students, practitioners, judges, and academics wishing to have access to prime sources. Through its method of presentation of German law, the book also represents an original contribution to the art of comparison. An additional feature of this volume is the way in which it reveals the growing impact which European directives are having on the traditional, liberal, contract model, thereby bringing German and English law closer to each other, e

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In recent decades there have been several constructivist scholars who have looked at how norms change in international relations. However few have taken a closer look at the particular strategies that are employed to further change, or looked at the common factors that have been in play in these processes. This book seeks to further the debates by looking at both agency and structure in tandem. It focuses on the practices of linked ecologies (formal or informal alliances), undertaken by individuals who are the constitutive parts of norm change processes and who have moved between international organizations, academic institutions, think tanks, NGOs and member states. The book sheds new light on how norm change comes about, focusing on the practices of individual actors as well as collective ones. The book draws attention to the role of practices in UN peacekeeping missions and how these may create a bottom–up influence on norm change in UN peacekeeping, and the complex interplay betw

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Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the pote

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The 1958 New York Convention in Action provides an in-depth objective account of the Convention in terms of textual analysis and judicial practice. The 1958 New York Convention itself has been called the most effective instance of international legislation in the entire history of commercial law. However, the concise text of the Convention leaves open a host of significant and complex questions, which have been answered in different ways: however, as difficult cases arise and demand solutions, inconsistent outcomes can be generated. By drawing on the Convention’s drafting history in great detail, this book presents a coherent account of how the most recurring interrogations about the text are reflected (or not) in judicial practice. The author has studied more than 1,700 decisions rendered under the Convention since its inception in 1958 in order to provide a succinct selection of landmark cases per article. What’s in this book This book exposes the difficulties of

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The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.
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<p> <b>International Human Rights: Documentary Supplement</b> is an essential stand-alone reference for anyone teaching or practicing in this subject area. A compilation of the major global and regional texts on human rights and humanitarian law, it presents most of the texts in their entirety, with preambular and final provisions included. </p> <p> <b>These documents include not only United Nations human rights treaties, but also:</b> </p> <ul> <li> <b>Key ILO and UNESCO documents </b> </li> <li> <b>The Rome Statute of the International Criminal Court</b> </li> <li> Extracts from the <b>1949 Geneva Conventions on prisoners of war and protection of civilians </b> </li> <li> <b>The EU's Charter of Fundamental Rights</b> </li> <li> Regional materials, including <b>human rights treaties</b> of the <b>Council of Europe</b>, the <b>Organization of American States</b>, and the <b>African

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This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national, and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe, and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to h

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This book presents an interdisciplinary approach to definition of torture by bringing together behavioral science and international law perspectives on torture. It is a collaborative effort by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It represents a first ever attempt to explore the scientific basis of legal understanding of torture and inform international law on various definitional issues by proposing a sound theory- and empirical-evidence-based psychological formulation of torture. Drawing on scientific evidence from the editor's 30 years of systematic research on torture, it proposes a learning theory formulation of torture based on the concept of helplessness under the control of others and offers an assessment methodology that can reduce the element of subjectivity in legal judgments in individual cases. It also demonstrates how this formulation

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International Law and International Relations: Synthesizing Insights from Interdisciplinary Scholarship brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law. The volume also explores how interdisciplinary work has advanced theoretical understandings of the causes and consequences of the increased legalization of international affairs.

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In this exemplary work of scholarly synthesis the author traces the course of events from the emergence of Martin Luther King, Jr. as a national black spokesman during the Montgomery bus boycott to his radical critique of American society and foreign policy during the last years of his life. He also provides the first in-depth analysis of King's famous Letter from Birmingham Jail - a manifesto of the American civil rights movement and an eloquent defence of non-violent protest.

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Weston, Falk, Charlesworth, and Strauss’s International Law and World Order is a problem-oriented coursebook that poses four clusters of world order problems that require students to identify and frame legal issues in factual context. It enables students to: Determine the relevance of information Organize relevant law and policy Test their analytical skills Develop a critical understanding of the possibilities of international law Explore the nature of international law and the structure of its processes Examine the relationship of international law and lawyers to the world order The text focuses on the current work of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Comprises a series of hypothetical problems involving fictional countries in “real world” decision-making settings, organized around themes that conveniently cluster the principal challenges to the cu

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How American race law provided a blueprint for Nazi GermanyNazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies.As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advo

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This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable.

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