The Settlement of International Disputes Basic Documents
Edited by Christian J Tams, University of Glasgow & Antonios Tzanakopoulos, University of Oxford This book curates, edits and categorises the key primary sources in international dispute settlement. It is the only single source covering multilateral treaties; special agreements; compromissory clauses and resolutions of international organisations. The second edition covers the key case law developments in this rapidly changing field, as well as bilateral/multilateral treaties. Documents from the first edition are up to date, including new practice directions of the ICJ, the Climate Change (Paris Agreement) and the revised UNCITRAL rules. New documents introduced include the 1992 Agenda for Peace and GA Res 57/26. UK August 2022 • US August 2022 • 1024 pages PB 9781509942213 • £69.99 / $94.95 ePub 9781509942220 • £62.99 / $86.55 ePdf 9781509942237 • £62.99 / $86.55 Series: Documents in International Law • Hart Publishing
Judicial Decisions in International Law Argumentation
Between Entrapment and Creativity Letizia Lo Giacco, Leiden University, the Netherlands How do the decisions of courts, when adjudicating statutory rules, contribute to the transformation of international law? This book explores this question, looking specifically at the issues of international criminal law. It shows how courts take both a creative and constraining approach, allowing themselves to be guided by precedent but departing from it by argumentation if required. The author tracks how courts have decided cases in four key fields: protected groups in the definition of genocide; armed conflict in the definition of war crimes and serious violations of the laws and customs of war; command responsibility; and the question of the ‘unlawful combatant. Cases are drawn from courts including the International Military Tribunal in Nuremberg (IMT), the ICTY, the ICTR, and the ICC. UK August 2022 • US August 2022 • 272 pages HB 9781509948949 • £85.00 / $115.00 ePub 9781509948956 • £76.50 / $105.78 ePdf 9781509948963 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing
General Principles as a Source of International Law Art 38(1)(c) of the Statute of the International Court of Justice
International Agreements between Non-State Actors as a Source of International Law Melissa Loja, National University of Singapore, Singapore
This book adopts postmodern legal positivism, departing from the more usual state-centric analysis, to explore whether agreements with non state actors can be considered sources of law. It acknowledges that international law-making takes place in subjective social landscapes. It moves beyond a conceptual discussion, and looks at the question in an applied context, taking as its case study petroleum agreements allowing two or more states to exploit disputed resources across boundaries. This innovative study will be relevant to scholars, practitioners of public international law, and civil servants. UK September 2022 • US September 2022 • 320 pages HB 9781509951109 • £85.00 / $115.00 ePub 9781509951116 • £76.50 / $105.78 ePdf 9781509951123 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing
The Law, Politics and Theory of Treaty Withdrawal Frederick Cowell, Birkbeck College, UK
This book explores how the law of treaty withdrawal operates. In particular, it focuses on withdrawal clauses within multilateral treaties. It situates these clauses within the wider context of the international rule of law. It goes on to show that for such withdrawal clauses to work, States have to behave as rational actors, averse to damaging their reputation and be willing to accept the existence of a wider rule-bound framework. Using insights from international relations and critical legal theory this book unpacks how and why the law of withdrawal operates and the forces that threaten its operation in the future. UK September 2022 • US September 2022 • 192 pages HB 9781509938568 • £65.00 / $90.00 ePub 9781509938575 • £58.50 / $81.05 ePdf 9781509938582 • £58.50 / $81.05 Series: Studies in International Law • Hart Publishing
Intervention in Civil Wars
Effectiveness, Legitimacy, and Human Rights Chiara Redaelli, Geneva Academy of International Humanitarian Law and Human Rights.
This book provides a comprehensive analysis of Article 38(1)(c) of the Statute of the International Court of Justice. The article is variously lauded and criticised. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c).
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise.
UK August 2022 • US August 2022 • 304 pages PB 9781509946624 • £42.99 / $58.95 Previously published in HB 9781509936069 ePub 9781509936076 • £76.50 / $105.78 ePdf 9781509936083 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing
UK August 2022 • US August 2022 • 344 pages PB 9781509947058 • £41.99 / $57.95 Previously published in HB 9781509940547 ePub 9781509940554 • £76.50 / $105.78 ePdf 9781509940561 • £76.50 / $105.78 Series: Studies in International Law • Hart Publishing
Imogen Saunders, Australian National University, Canberra
L A W - H A R T – Public International Law
Studies in International Law
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