Stefan Talmon – författare

Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in international law; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highly topical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.

Professor Ian Brownlie, CBE, OC, FBA, DCL retired from the Chichele Chair of Public International Law at the University of Oxford, a post that he has held since 1980. Before that he taught at Oxford, Nottingham, and the London School of Economics. He is widely recognized as one of the leading international lawyers of our time, and as well known and appreciated as much for his seminal publications and teaching over the years, as for his work as a practitioner. To express their gratitude for his supervision and support, a number of his present and former students from Oxford and London (many now prominent in academic life, foreign affairs, and practice), have written this collection of essays in honour of their former teacher. The collection is a very personal one reflecting the close and warm relationship between teacher and students and results in a wide-ranging overview of the subjects supervised by Professor Brownlie during more than forty years as an academic teacher. The collection takes its title, The Reality of International Law, from an appreciation of Professor Brownlie's personal contribution to the development of the subject. His commitment to international law as a system for the regulation of affairs between states has long been characterized by a strong sense of ideals, political and human, but also by an awareness, duly transmitted to his students, and of what law is in practice, of what is achievable, and of what remains to be done.

The Libyan civil war presented questions for international law and diplomacy never encountered before in a non-international armed conflict. Alongside problems common to civil wars in general, such as recognition of the contesting parties, access to state property abroad, and non-intervention, the Libyan conflict contained several unique aspects: the elaborate UN, US, and EU sanctions regime and its effect on Libya's sovereign wealth fund (the Libyan Investment Authority), the referral of the situation in Libya to the International Criminal Court, and the open calls for regime change. These elements raised complex and unique political and international law issues. Adopting a similar approach to Norman J. Padelford's seminal 1939 book, International Law and Diplomacy in the Spanish Civil Strife, this book presents thirty case studies, providing a detailed legal assessment of each of the key issues of international law and diplomacy raised by the conflict. It focuses on the practical legal problems with which government legal advisers and diplomats were concerned during the civil war, many of which have received little public attention. The book also includes an overview of the Libyan civil conflict as a whole, and a public international law obituary of Muammar Qadhafi, which examines his most prominent actions and their impact on international law. The book also investigates how the Libyan civil war was utilized as a laboratory for the testing of the new 'responsibility to protect' doctrine, raised in deliberations among the United Nations Security Council members. For the first time, the Security Council authorized states to get involved in a civil war and to use 'all necessary measures' to enforce a no-fly zone and to protect civilians and civilian populated areas under threat of attack. This book is important reading for scholars, students, and practitioners concerned with the interaction between law and diplomacy in times of armed conflict

Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in international law; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as material such as recent developments in Angola, Kuwait, and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It will also be of interest to diplomats and civil servants working in organizations such as the United Nations.

Customary international law is based on State practice. This book presents the international law practice of Germany, the world''s fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany''s membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany''s practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.

Customary international law is based on State practice. This book presents the international law practice of Germany, the world''s fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany''s membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany''s practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.

Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and powerhouse of the European Union, which makes an important contribution to the creation and development of customary international law. It is the first and only presentation of German practice in international law in English. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements, and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics, and diplomatic studies.

Customary international law is based on State practice. This book presents the international law practice of Germany, the world''s fourth-largest economy and powerhouse of the European Union, which makes an important contribution to the creation and development of customary international law. It is the first and only presentation of German practice in international law in English. The book combines a case study approach, providing analysis and commentary on Germany''s practice, with a classic digest of primary materials, including diplomatic correspondence, statements, and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics, and diplomatic studies.

Customary international law is based on State practice. This book presents the international law practice of Germany, the world''s fourth-largest economy and powerhouse of the European Union, which makes an important contribution to the creation and development of customary international law. It is the first and only presentation of German practice in international law in English. The book combines a case study approach, providing analysis and commentary on Germany''s practice, with a classic digest of primary materials, including diplomatic correspondence, statements, and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics, and diplomatic studies.

Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany's membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.

International law of foreign investment is a field of public international law that has attracted considerable attention from practitioners, academics, and policy-makers in the last two decades. Its key characteristic is the extent of substantive and procedural decentralisation: while often sharing certain structural elements, both substantive obligations and mechanisms of international dispute settlement are mostly opposable only between the particular parties, even when expressed in multilateral form. This makes a clear and comprehensive overview of the topic particularly important. The second edition adopts a new structure that better reflects the concurrence of various reform proposals with the fairly stable stratum of instruments that inform the current practice. With this systemic dynamic in mind, the selected documents are divided into three parts: Past, Present, and Future. The Past sets out the legal background to modern investment protection law. The Present provides generalist international law materials (sources and responsibility), a selection of the more important instruments with substantive investment rules, and rules of international dispute settlement regarding investment protection. The Future (new for the second edition) lists a number of possible directions of future development, including a variety of approaches that maintain the traditional procedural kernel of investor-State arbitration as well as proposals for more significant change, with non-State actor involvement in dispute settlement either rejected or moulded into a judicial mechanism. This highly regarded book is aimed at teachers, students, practitioners, and policymakers in the area. It can be used both as a practitioners’ handbook and as a classroom companion for courses on international dispute settlement and investment protection law.

The invasion and occupation of Iraq rank among the most controversial and complex issues in international law in recent history. This volume of documents covers the occupation of Iraq from the planning stages of the invasion of Iraq in early 2002 to the transfer of governing authority to the Iraqi Interim Government on 28 June 2004. The book presents 595 selected documents including the first complete set of all Regulations, Orders, Memoranda and Public Notices issued by the US-led occupation administration of Iraq, the Coalition Provisional Authority (CPA), several of which were never published on the CPA`s website or promulgated in Alwaqai Aliraqiya, the Official Gazette of Iraq. Some of these legal acts have shaped the economic and political system of present day Iraq and will be part of the country`s legal order for years to come. The book also includes some 120 other CPA and CPA-related documents selected from more than 5000 unclassified CPA documents and received under freedom of information requests lodged in the United States, the United Kingdom, Australia and Switzerland. These documents include instructions and proclamations to the Iraqi people in the early stages of the occupation, organizational charts, internal legal opinions, diplomatic notes, international agreements concluded by the CPA with other States, and numerous internal memoranda for the head of the CPA, Ambassador Paul L Bremer, on legal, diplomatic and political issues. The book also presents for the first time all 235 resolutions passed by the Iraqi Governing Council (IGC) between July 2003 and June 2004. The resolutions as well as many of the 25 other important IGC documents (including various political statements, press releases and decrees of the Council`s Higher National De-Ba`athification Commission) have been translated from Arabic and are presented here for the first time in English. These documents are complemented by the relevant United Nations documents on the occupation of Iraq as well as some 50 policy documents of the United States, the United Kingdom and the Iraqi opposition movement as well as all relevant fatwas (religious rulings) of Grand Ayatollah Ali al-Sistani which shaped the internal Iraqi political process during the occupation.This collection archives these important documents for future use and makes them easily accessible to researchers and professionals. Considering that the main source of information for the occupying powers in Iraq were the precedents set during the First and Second World Wars, the occupation of Iraq will serve as a modern precedent for future administrations of occupied territory. The documents are made easily accessible by a comprehensive table of documents, a list of abbreviations, more than 1100 explanatory notes and cross-references and a substantive subject index. This volume is the second on The Occupation of Iraq. It is complemented by a monograph by the same author which, on the basis of the documents collection, presents a comprehensive analysis of The Governance of Occupied Territory in Contemporary International Law.

The invasion and occupation of Iraq rank among the most controversial and complex issues in international law in recent history. This volume of documents covers the occupation of Iraq from the planning stages of the invasion of Iraq in early 2002 to the transfer of governing authority to the Iraqi Interim Government on 28 June 2004. The book presents 595 selected documents including the first complete set of all Regulations, Orders, Memoranda and Public Notices issued by the US-led occupation administration of Iraq, the Coalition Provisional Authority (CPA), several of which were never published on the CPA`s website or promulgated in Alwaqai Aliraqiya, the Official Gazette of Iraq. Some of these legal acts have shaped the economic and political system of present day Iraq and will be part of the country`s legal order for years to come. The book also includes some 120 other CPA and CPA-related documents selected from more than 5000 unclassified CPA documents and received under freedom of information requests lodged in the United States, the United Kingdom, Australia and Switzerland. These documents include instructions and proclamations to the Iraqi people in the early stages of the occupation, organizational charts, internal legal opinions, diplomatic notes, international agreements concluded by the CPA with other States, and numerous internal memoranda for the head of the CPA, Ambassador Paul L Bremer, on legal, diplomatic and political issues. The book also presents for the first time all 235 resolutions passed by the Iraqi Governing Council (IGC) between July 2003 and June 2004. The resolutions as well as many of the 25 other important IGC documents (including various political statements, press releases and decrees of the Council`s Higher National De-Ba`athification Commission) have been translated from Arabic and are presented here for the first time in English. These documents are complemented by the relevant United Nations documents on the occupation of Iraq as well as some 50 policy documents of the United States, the United Kingdom and the Iraqi opposition movement as well as all relevant fatwas (religious rulings) of Grand Ayatollah Ali al-Sistani which shaped the internal Iraqi political process during the occupation.This collection archives these important documents for future use and makes them easily accessible to researchers and professionals. Considering that the main source of information for the occupying powers in Iraq were the precedents set during the First and Second World Wars, the occupation of Iraq will serve as a modern precedent for future administrations of occupied territory. The documents are made easily accessible by a comprehensive table of documents, a list of abbreviations, more than 1100 explanatory notes and cross-references and a substantive subject index. This volume is the second on The Occupation of Iraq. It is complemented by a monograph by the same author which, on the basis of the documents collection, presents a comprehensive analysis of The Governance of Occupied Territory in Contemporary International Law.

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People''s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.This title is included in Bloomsbury Professional''s International Arbitration online service.

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People''s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.This title is included in Bloomsbury Professional''s International Arbitration online service.

Essential Texts in International Law draws together the most important documents needed for the study of international law in a uniquely handy, user-friendly format. Unlike most other texts of this nature, the documents are organised according to subject matter for ease of reference: United Nations and International Peace and Security; State Transactions; State Immunity; State Responsibility; Diplomatic Relations; Economic Relations; Land, Sea, Air and Space; Human Rights; the Environment; and International Criminal Law. Each document has been allocated a unique number, which facilitates navigation for use in the classroom, and is complemented by a detailed subject index.Key features:- Concise but authoritative selection of the essential texts makes this focussed and user-friendly- Intuitive organisation of documents by subject- Unique reference number for each document facilitates navigation- Small, handy reference format for carrying to class

Essential Texts in International Law draws together the most important documents needed for the study of international law in a uniquely handy, user-friendly format. Unlike most other texts of this nature, the documents are organised according to subject matter for ease of reference: United Nations and International Peace and Security; State Transactions; State Immunity; State Responsibility; Diplomatic Relations; Economic Relations; Land, Sea, Air and Space; Human Rights; the Environment; and International Criminal Law. Each document has been allocated a unique number, which facilitates navigation for use in the classroom, and is complemented by a detailed subject index.Key features:- Concise but authoritative selection of the essential texts makes this focussed and user-friendly- Intuitive organisation of documents by subject- Unique reference number for each document facilitates navigation- Small, handy reference format for carrying to class

Controversy over the Iranian nuclear policy has been mounting in both legal and political circles since the early 2000s. Most recently, the IAEA, tasked with verifying compliance of Member States with the NPT, has been expressing concern that Iran's nuclear efforts are directed not solely at peaceful uses but also at military purposes. In response, various States have tried, individually and collectively, to engage Iran in agreed frameworks of action that would include an Iranian self-imposed restraint regarding its nuclear development. This volume documents the Iranian nuclear issue, tracing the evolution of international interest and concern with Iran's nuclear policy since the 1970s, when Iran began earnest efforts to acquire nuclear capabilities. Emphasis is placed on events since 2002-2003, when it was established that Iran had concealed certain aspects of its nuclear activities from IAEA. Alongside reports of the IAEA and Security Council documents, the volume covers diverse sources rather than relying solely on UN organs and agencies, international organisations or dedicated ad hoc bodies.

This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.

This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.

The increase in the number and complexity of investor-State treaty arbitrations in the last decade has attracted considerable attention from practitioners and academics of international investment protection law. Rules aimed at regulating the protection of foreign investment have been expressed in a decentralised manner, making a clear and comprehensive overview of the topic important. This volume focuses on the relevant documents and aims to provide an exhaustive treatment of relevant procedural and substantive issues. It includes documents explaining the historical development of investment law, substantive investment rules (multilateral and bilateral treaties and model documents, and general rules on the law of treaties and responsibility) and procedural investment rules (relating to the arbitral process in different fora, immunity, recognition and enforcement). The book is aimed at teachers, students and practitioners in the area. It can be used both as a practitioners' handbook and as a classroom companion for courses on international dispute settlement and investment protection law.

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.This title is included in Bloomsbury Professional's International Arbitration online service.

This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.