Elements of International Law – serie

Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world.This book shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core tenets of international law, such as sovereignty and jurisdiction, and has implications for crafting new international law in areas such as climate change and technology.Robert McCorquodale brings his decades of experience in scholarship and legal practice in business and human rights law, as well as his extensive engagement with businesses, governments, civil society, and international organisations, to bear on his understanding and analysis of this increasingly important field.

Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world.This book shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core tenets of international law, such as sovereignty and jurisdiction, and has implications for crafting new international law in areas such as climate change and technology.Robert McCorquodale brings his decades of experience in scholarship and legal practice in business and human rights law, as well as his extensive engagement with businesses, governments, civil society, and international organisations, to bear on his understanding and analysis of this increasingly important field.

In this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens.The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.

In this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens.The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.

Reservations constitute the principal mechanism by which states may modify or limit the legal effect of treaty obligations following the adoption of a treaty text. Yet they remain among the most complex and contested features of the law of treaties, even for experienced international lawyers. Set against the broader framework of the Vienna Convention on the Law of Treaties (1969), Reservations to Treaties offers a clear, systematic, and practically oriented account of how to identify, interpret, and apply the rules governing reservations.Drawing on an extensive body of state practice, encompassing more than 150 states and over eighty treaties, the book grounds its analysis in diverse geographical and historical contexts. Through detailed examples and careful engagement with practice, it illustrates how reservations operate across a wide range of subject areas within international law. The chapters provide a structured and accessible guide to navigating this often perplexing area, supported by comprehensive referencing and analysis.Combining rigorous scholarship with detailed examples, the book is designed to support both specialists and non-specialists in navigating treaty practice, while contributing to a deeper understanding of how reservations shape treaty relations and the development of the international rule of law.

Reservations constitute the principal mechanism by which states may modify or limit the legal effect of treaty obligations following the adoption of a treaty text. Yet they remain among the most complex and contested features of the law of treaties, even for experienced international lawyers. Set against the broader framework of the Vienna Convention on the Law of Treaties (1969), Reservations to Treaties offers a clear, systematic, and practically oriented account of how to identify, interpret, and apply the rules governing reservations.Drawing on an extensive body of state practice, encompassing more than 150 states and over eighty treaties, the book grounds its analysis in diverse geographical and historical contexts. Through detailed examples and careful engagement with practice, it illustrates how reservations operate across a wide range of subject areas within international law. The chapters provide a structured and accessible guide to navigating this often perplexing area, supported by comprehensive referencing and analysis.Combining rigorous scholarship with detailed examples, the book is designed to support both specialists and non-specialists in navigating treaty practice, while contributing to a deeper understanding of how reservations shape treaty relations and the development of the international rule of law.

Treaties comprise the whole range of international agreements that are governed by international law. In this volume in the Elements of International Law series, Richard Gardiner describes the essential role of treaties in international law.Beginning with an explanation of what treaties are, the book explores how they are made, how they are interpreted, and how they are implemented both internationally and within national legal systems. In doing this, Gardiner provides an account of the main features of the law of treaties and describes how treaties contribute to the formation and codification of international law. He also outlines how treaties are the foundation of international organizations which, in turn, through their constitutive treaties and those treaties which they develop, make extensive contributions to international law. The book concludes by looking at the role of treaties across multiple areas of international law, including human rights, trade and investment law, air and space law, telecommunications, international criminal law, and environmental law. Thus, the book shows that treaties, and the legal regimes which they create, now constitute the pre-eminent component of international law.

Treaties comprise the whole range of international agreements that are governed by international law. In this volume in the Elements of International Law series, Richard Gardiner describes the essential role of treaties in international law.Beginning with an explanation of what treaties are, the book explores how they are made, how they are interpreted, and how they are implemented both internationally and within national legal systems. In doing this, Gardiner provides an account of the main features of the law of treaties and describes how treaties contribute to the formation and codification of international law. He also outlines how treaties are the foundation of international organizations which, in turn, through their constitutive treaties and those treaties which they develop, make extensive contributions to international law. The book concludes by looking at the role of treaties across multiple areas of international law, including human rights, trade and investment law, air and space law, telecommunications, international criminal law, and environmental law. Thus, the book shows that treaties, and the legal regimes which they create, now constitute the pre-eminent component of international law.

In this fresh, objective, and non-argumentative volume in the Elements of International Law series, Peter Hongler combines a comprehensive overview of the technical content of the international tax law regime with an assessment of its crucial relationship to wider international law. Beginning with an assessment of legal principles and foundations, the book considers key general principles, treaty based regimes, and regional integration in tax matters. In the second half of the work Hongler places international tax law in the context of its wider relationships with human rights law, and trade and investment law. He concludes by considering major legal successes and failures and what might be done to address these.

In this fresh, objective, and non-argumentative volume in the Elements of International Law series, Peter Hongler combines a comprehensive overview of the technical content of the international tax law regime with an assessment of its crucial relationship to wider international law. Beginning with an assessment of legal principles and foundations, the book considers key general principles, treaty based regimes, and regional integration in tax matters. In the second half of the work Hongler places international tax law in the context of its wider relationships with human rights law, and trade and investment law. He concludes by considering major legal successes and failures and what might be done to address these.

Most armed conflicts today are non-international. These are conflicts in which one or more organized non-State armed groups (NSAG) are fighting either between themselves or against State armed forces. The International Law of Non-International Armed Conflict offers a clear and practical analysis of the application of international humanitarian law (IHL) and international human rights law (IHRL) to limit the effects of non-international armed conflicts (NIACs).This book examines the threshold for the existence of a NIAC and the application of IHL, and explores how treaty and customary rules balance military necessity with humanitarian concerns to regulate the conduct of hostilities and protect persons not participating in the fighting. It also addresses contemporary challenges, such as counter-terrorism operations, environmental protection, and the use of new technologies. Furthermore, the book examines the application of IHRL, particularly in light of the millions living under NSAG control and de facto governance. It also explores mechanisms for ensuring the parties' compliance with international law and accountability for violations, including developments in international criminal law, as well as State and corporate responsibility.Rich in legal analysis and grounded in practice, this volume is an essential resource for scholars, legal practitioners, and advanced students seeking a comprehensive understanding of the legal dimensions of modern armed conflict.

Most armed conflicts today are non-international. These are conflicts in which one or more organized non-State armed groups (NSAG) are fighting either between themselves or against State armed forces. The International Law of Non-International Armed Conflict offers a clear and practical analysis of the application of international humanitarian law (IHL) and international human rights law (IHRL) to limit the effects of non-international armed conflicts (NIACs).This book examines the threshold for the existence of a NIAC and the application of IHL, and explores how treaty and customary rules balance military necessity with humanitarian concerns to regulate the conduct of hostilities and protect persons not participating in the fighting. It also addresses contemporary challenges, such as counter-terrorism operations, environmental protection, and the use of new technologies. Furthermore, the book examines the application of IHRL, particularly in light of the millions living under NSAG control and de facto governance. It also explores mechanisms for ensuring the parties' compliance with international law and accountability for violations, including developments in international criminal law, as well as State and corporate responsibility.Rich in legal analysis and grounded in practice, this volume is an essential resource for scholars, legal practitioners, and advanced students seeking a comprehensive understanding of the legal dimensions of modern armed conflict.

Self-determination is a cornerstone of modern international law-an inalienable right that empowers peoples to freely determine their political status and pursue their economic, social, and cultural development. Enshrined in Article 1 of the United Nations Charter and Article 1 common to both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, self-determination stands internationally as a right to independence and domestically as a foundation for representative government.This book offers a clear, objective, and comprehensive account of the right to self-determination in international law. Designed for both scholars and practitioners, it navigates the complex legal landscape with precision, drawing on treaties, state practice, UN resolutions, and landmark judgments of the International Court of Justice. It explores the historical roots, normative status, and dual dimensions-international and domestic-of the right, while also addressing the obligations of states and mechanisms for enforcement.By illuminating the legal content, tensions, and practical applications of self-determination, this volume provides readers with the tools to understand and apply one of the most fundamental principles shaping our world today. It is as an essential resource for those engaged in international law, human rights, and global governance.

Self-determination is a cornerstone of modern international law-an inalienable right that empowers peoples to freely determine their political status and pursue their economic, social, and cultural development. Enshrined in Article 1 of the United Nations Charter and Article 1 common to both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, self-determination stands internationally as a right to independence and domestically as a foundation for representative government.This book offers a clear, objective, and comprehensive account of the right to self-determination in international law. Designed for both scholars and practitioners, it navigates the complex legal landscape with precision, drawing on treaties, state practice, UN resolutions, and landmark judgments of the International Court of Justice. It explores the historical roots, normative status, and dual dimensions-international and domestic-of the right, while also addressing the obligations of states and mechanisms for enforcement.By illuminating the legal content, tensions, and practical applications of self-determination, this volume provides readers with the tools to understand and apply one of the most fundamental principles shaping our world today. It is as an essential resource for those engaged in international law, human rights, and global governance.

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions.The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions.The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.

The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.

The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population?In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.

The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population?In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.

Arms control and disarmament are key elements in promoting international peace and security. In recent decades the scope of disarmament law has broadened from a traditional focus on weapons of mass destruction to encompass conventional weapons. In this new volume in the Elements series, Stuart Casey-Maslen provides a concise and objective appraisal of international arms control and disarmament law.In seven concise chapters, he traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the Non-Proliferation of Nuclear Weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control. Arms Control and Disarmament Law is an accessible, go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.

Arms control and disarmament are key elements in promoting international peace and security. In recent decades the scope of disarmament law has broadened from a traditional focus on weapons of mass destruction to encompass conventional weapons. In this new volume in the Elements series, Stuart Casey-Maslen provides a concise and objective appraisal of international arms control and disarmament law.In seven concise chapters, he traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the Non-Proliferation of Nuclear Weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control. Arms Control and Disarmament Law is an accessible, go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence.He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence.He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.

The doctrine of peremptory norms (jus cogens) is a set of core obligations in international law. In this volume in the Elements of International Law series, Dinah Shelton explores its origins and history, its revival in the twentieth century, and its place in international and domestic jurisprudence. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.Beginning with the writings of Grotius, Vattel, and Suarez, Shelton shows how the theory of jus cogens drew upon Roman law for its foundations. In the subsequent chapter, she considers the emergence of positivism and its rejection of any non-consensual basis for binding States to international norms. She then turns to the re-emergence of jus cogens in theories of the twentieth century and its place in the modern law of treaties. The volume includes extensive analysis of the interpretation of jus cogens obligations by international courts and tribunals, as well as by various domestic courts, including those of Italy, Greece, Canada, the US, and the UK. The volume concludes with a consideration of the place of jus cogens in modern scholarship.

The doctrine of peremptory norms (jus cogens) is a set of core obligations in international law. In this volume in the Elements of International Law series, Dinah Shelton explores its origins and history, its revival in the twentieth century, and its place in international and domestic jurisprudence. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.Beginning with the writings of Grotius, Vattel, and Suarez, Shelton shows how the theory of jus cogens drew upon Roman law for its foundations. In the subsequent chapter, she considers the emergence of positivism and its rejection of any non-consensual basis for binding States to international norms. She then turns to the re-emergence of jus cogens in theories of the twentieth century and its place in the modern law of treaties. The volume includes extensive analysis of the interpretation of jus cogens obligations by international courts and tribunals, as well as by various domestic courts, including those of Italy, Greece, Canada, the US, and the UK. The volume concludes with a consideration of the place of jus cogens in modern scholarship.

After the devastation of two world wars, Europe sought to prevent future conflict through new institutions-one of the most significant being the European Court of Human Rights. In this updated edition, Angelika Nussberger provides a comprehensive introduction to the Court, examining its mission, structure, procedures, and evolving jurisprudence.The book explores how the Court has become a cornerstone of modern international and human rights law, while also facing mounting internal and external pressures. These include a surge in applications, political resistance to external criticism, and challenges in maintaining neutrality on contentious issues like migration and criminal justice. It also addresses tensions with national courts as well as attacks on the Court's authority by various actors.This second edition also examines the impact of Russia's cessation as a party to the European Convention on Human Rights in 2022, as well as increasing resistance to implement judgements from nations such as Türkiye. Furthermore, it discusses recent landmark rulings on climate change and the reversal of its approach towards the protection of minorities in the Baltic States.Through careful analysis of landmark cases-from Lawless v. Ireland to Klimaseniorinnen v. Switzerland- this book illustrates the Court's profound influence on European social and political discourse and ultimately asks whether the Court can continue to serve as “Europe's conscience” amid rising populism and shifting values.