Stefan Talmon - Böcker

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 of 2011 created several unique questions for international law and diplomacy which required responses not previously seen. This book takes 30 key topics as case studies, providing detailed insights into how the problems caused by the conflict were addressed and discussing the fresh challenges it raised for international law.

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 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.

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.

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.

Mehr als 100 Jahre war die Debatte über die Wirkung der Anerkennung von Staaten geprägt von der Auseinandersetzung zwischen der deklaratorischen und der konstitutiven Theorie. Am Beispiel der international nicht anerkannten Türkischen Republik Nord-Zypern zeigt Stefan Talmon, daß keine der beiden Theorien die Nichtanerkennung von Wirkungseinheiten erklären kann, die die Staatskriterien erfüllen, aber unter Verstoß gegen das Völkerrecht entstanden sind. Der Nichtanerkennung eines bestehenden Staates kommt weder statusverhindernde noch statusbestätigende, sondern statusverneinende, d.h. negatorische Wirkung zu. Bei der kollektiven Nichtanerkennung handelt es sich um eine von der Staatengemeinschaft seit den 30er Jahren des 20. Jahrhunderts eingesetzte Sanktion gegen schwerwiegende, die wesentlichen Interessen der Staatengemeinschaft als Ganzes verletzende Völkerrechtsverstöße. Bei der vom Völkerbund bzw. von den Vereinten Nationen koordinierten Nichtanerkennung werden dem 'illegalen Staat' nicht nur die optionalen zwischenstaatlichen Beziehungen und die sich der daraus ergebenden Rechte und Privilegien, sondern auch die zwingenden Grundrechte eines Staates (d.h. alle aus der Staatsqualität resultierenden Rechte, Kompetenzen und Privilegien) vorenthalten.