James Crawford - Böcker

Human rights are an important and popular subject. Since 1948 the international human rights movement has become a major force, and has produced important changes in international law. But apart from individual human rights, claims have long been made to collective rights, for example, minority rights, the rights of peoples under colonial rule, aboriginal rights. More recently claims have been made to a number of 'rights of peoples', including rghts of an economic kind - the 'right to development', for example, or to permanent sovereignty over natural resources. Some claims are even more ambitious - for example, the right to peace, or to a healthy environment.It has been argued that these 'peoples rights' form a 'third generation' of human rights. This development is expressly recognized in the African Charter of Human and Peoples Rights of 1981. The essays in this volume discuss, from a variety of perspectives, the claims made for a 'third generation' of peoples rights. Is this a desirable development in human rights? Or an attempt to undermine established individual rights? What is the status of these rights against governments and states? The volume also includes a documentary appendix with details of relevant texts, and a comprehensive bibliography, making the collection the most balanced and informative account of the 'peoples rights' movement yet produced.

Brownlie's Principles of Public International Law has been shaping the study and application of international law for over 50 years. Serving as a single-volume introduction to the field as a whole, the book is one of the classic treatises on international law, now fully updated to order to take account of recent developments. It includes extensive references in order to provide a solid foundation for further research.Authored by James Crawford, the ninth edition further secures the work as the essential international law text for students and practitioners.

The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialised regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.

Now in its 80th year, the British Year Book of International Law has become an essential work of reference for academics and practising lawyers. Through a mixture of articles and extended book reviews it continues to provide indispensable analysis on important developments in modern international law. In addition, through its exhaustive coverage of decisions in UK courts and official government statements, the British Year Book offers unique insight into the development of state practice in the United KingdomFrom Volume 81, the British Year Book of International Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The archive back to 1996 will be available immediately from January. Find out more: http://bybil.oxfordjournals.org/

The Cocopa Dictionary serves as a vital resource in documenting and preserving the Cocopa language, a member of the Yuman family, spoken by communities in southwestern Arizona and northern Mexico. With a heritage rooted in the Colorado River delta region, this language connects its speakers to a rich history of cultural and environmental adaptation. Based on over 21 months of immersive fieldwork from 1963 to 1979, the dictionary captures the intricacies of Cocopa grammar, vocabulary, and syntax, offering a window into a language at risk of disappearing. This work synthesizes both firsthand data and historical records, providing a comprehensive linguistic resource that preserves the voices and knowledge of the Cocopa people for future generations.Designed for linguists, educators, and those invested in indigenous language preservation, the Cocopa Dictionary provides detailed grammatical analyses, including noun inflections, verb constructions, and sentence structures. It highlights the dynamic nature of the language, noting generational variations in speech patterns while addressing its synthetic and agglutinative morphology. In addition to linguistic data, the dictionary includes cultural insights, connecting words and expressions to their social and historical contexts. By meticulously recording the language's complexity and resilience, this work not only celebrates the Cocopa people's linguistic heritage but also serves as a critical tool for revitalization efforts, ensuring that this invaluable piece of human history endures.This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1989.

The Cocopa Dictionary serves as a vital resource in documenting and preserving the Cocopa language, a member of the Yuman family, spoken by communities in southwestern Arizona and northern Mexico. With a heritage rooted in the Colorado River delta region, this language connects its speakers to a rich history of cultural and environmental adaptation. Based on over 21 months of immersive fieldwork from 1963 to 1979, the dictionary captures the intricacies of Cocopa grammar, vocabulary, and syntax, offering a window into a language at risk of disappearing. This work synthesizes both firsthand data and historical records, providing a comprehensive linguistic resource that preserves the voices and knowledge of the Cocopa people for future generations.Designed for linguists, educators, and those invested in indigenous language preservation, the Cocopa Dictionary provides detailed grammatical analyses, including noun inflections, verb constructions, and sentence structures. It highlights the dynamic nature of the language, noting generational variations in speech patterns while addressing its synthetic and agglutinative morphology. In addition to linguistic data, the dictionary includes cultural insights, connecting words and expressions to their social and historical contexts. By meticulously recording the language's complexity and resilience, this work not only celebrates the Cocopa people's linguistic heritage but also serves as a critical tool for revitalization efforts, ensuring that this invaluable piece of human history endures.This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1989.

In 2001 the International Law Commission completed its work on State responsibility, begun 40 years previously. The Articles on Responsibility of States for Internationally Wrongful Acts marks a major step in the codification and progressive development of international law, comparable in significance to the Vienna Convention on the Law of Treaties. The Articles cover such topics as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injustices, the invocation of responsibility, especially standing of States in the public interest, and the rules relating to countermeasures. The Articles develop basic concepts of international law, in particular peremptory norms and obligations to the international community as a whole. They signal definitively how international law has moved away from a purely bilateral conception of responsibility to accommodate categories of general public interest (human rights, the environment etc.).

How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.

This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800-700 BCE), the Greek city-states (500-338 BCE) and Rome (358-168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.

This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.

This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.

The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 16 of the ICSID Reports includes the final award on jurisdiction and merits in Methanex v. United States and the awards in F-W Oil Interests v. Trinidad and Tobago, Noble Ventures v. Romania and Berschader v. Russia.

The freedom of religion is one of the oldest and most controversial of the claims that are recognized as forming part of the corpus of human rights. In this important and fascinating book Malcolm Evans provides a detailed account of the ways in which the freedom of religious belief came to be incorporated into the legislation of the countries of Europe. He goes on to examine the mechanisms by which this freedom is guaranteed, and a number of problematic cases which have recently been discussed in the Council of Europe. In a concluding section he outlines a number of developments which will influence the direction that the search for the protection of religious liberty under international law may take.

At a time when nearly all armed conflicts are related to self-determination, and frequently to claims for secession, this meticulous study examines the legal issues at stake in the light of the existence of European micro-States: Liechtenstein, San Marino, Monaco, Andorra and the Vatican City. Jorri Duursma makes a thorough analysis of the true origins, meaning and faults of the modern right of self-determination, asking fundamental questions: What constitutes a people with a right to self-determination? How small a people has this right? Who are allowed to secede? What is a state according to international law? Jorri Duursma's book provides an up-to-date and informed account of these important issues which also draws on recent experiences in Eastern Europe and Yugoslavia. It is the first book to provide a thorough international legal account of the European micro-states, and develops a novel approach to the problems of fragmentation.

The right to property is an important part of most Commonwealth constitutions. This book examines the evolution of right to property and the changing trends in their interpretation by the courts. A number of specific issues are examined closely: • Which interests are constitutionally protected as 'property'? • When does the regulation of property amount to an acquisition of property? • Are there limits on the purposes for which states may take the property of their subjects? • What are the rules regarding compensation for property? The analysis is both practical and theoretical, and it should be useful to both academic and practising lawyers.

Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Trade and the Environment is a penetrating analysis of the relation between trade and environmental protection policies in the EC and the US. It argues that the international tensions arising from policies designed to protect trade and the environment can be resolved by the free trade provisions of the EC Treaty and the US Constitution, and from the setting of common environmental standards for all parties. It discusses also the contributions of the judiciary and legislature toward the solution of these tensions. The interaction between them, writes Dr Geradin, shapes the balance between trade and environmental objectives in the Community and the United States. More generally, they define the progress of environmental protection in these systems.

This 2001 book is an attempt to deal with trusts on a comparative law basis. It covers three models of trust: the English, the international and the civilian. It examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.

Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.

Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.

A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.

Laws regulating armed conflict have existed for centuries, but the bulk of these provisions have been concerned with wars between states. Relatively little attention has been paid to the enormously important area of internal armed conflict. At a time when international armed conflicts are vastly outnumbered by domestic disputes, this book seeks to redress the balance through a comprehensive analysis of those rules which exist in international law to protect civilians during internal armed conflict. From regulations in the nineteenth and early twentieth centuries according to the doctrine of recognition of belligerency, this book traces the subsequent development of international law by the Geneva Conventions and their additional Protocols, as well as through the more recent jurisprudence of the Yugoslav and Rwandan tribunals. The book also considers the application of human rights law during internal armed conflict, before assessing how effectively the applicable law is, and can be, enforced.

This book gives a broad analysis of the legal issues raised by the international fight against money laundering. It offers an extensive comparative research of the criminal and preventive law aspects from an international perspective. Stessens portrays money laundering as a new criminal trend threatening both national and international societies which must be addressed multilaterally through banking practice, international conventions and human rights. Most of this volume is devoted to specific legal problems that spring from the international nature of the money laundering phenomenon. It contains a most detailed overview on the rules and practices of international co-operation in the fight against money laundering. The publication gives a thorough examination of the exchange of information, lifting banking secrecy, and seizing and confiscating assets, as well as the jurisdictional questions that inevitably arise in this context. The result is a rich and detailed study of international and comparative law.

The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800-700 BCE), the Greek city-states (500-338 BCE) and Rome (358-168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.

During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.

Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.

International organizations have become major players on the international scene, whose acts and activities affect individuals, companies and states. Damage to interests or violation of rights sometimes occur (such as during peacekeeping operations, for example). Karel Wellens considers what remedies are available to potential claimants such as private contractors, staff members or, indeed, anyone suffering damage as a result of their actions. Can they turn to an Ombudsman or national courts, or do they have to rely on support by their own state? Are the remedies provided by international organizations adequate? Wellens' conclusions include suggestions for alternative remedial options in the future.