International Law and International Relations 2011 (US)tandfbis.s3.amazonaws.com/.../international...us.pdf · of International Humanitarian Law Susan C. Breau 8. Samoa’s Experience

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International Law & International Relations

4th Edition • tExtbook

Public International LawAlina Kaczorowska, University of the West Indies, Barbados The fourth edition of Public

International Law provides a very readable, lively, detailed and easily understood introduction to the fundamental principles and structures of international law without compromising on analysis and depth of coverage.

Select Contents: 1. History and Nature of International Law 2. Sources of International Law 3. The Law of Treaties 4. International Law and Municipal Law 5. International Personality 6. Recognition of States, governments and intergovernmental organisations (IGOs) in international law 7. Territorial Sovereignty 8. Jurisdiction 9. Immunity from National Jurisdiction 10. State Responsibility for Wrongful Acts 11. An overview of the international protection of human rights (HRs) 12. Self-Determination of Peoples 13. Peaceful Settlement of Disputes between States 14. The Use of Force 15. Collective Security 16. International Humanitarian Law (IHL). Glossary

2010: 246 x 174: 944pphb: 978-0-415-56682-7: $150.00Pb: 978-0-415-56685-8: $61.95ebook: 978-0-203-84847-0For more information, visit: www.routledge.com/9780415566858

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Events: The Force of International LawEdited by Fleur Johns, University of Sydney, Australia, Richard Joyce, University of Reading, UK and Sundhya Pahuja, University of Melbourne, Australia Events: The Force of International Law presents an analysis of international law,

centred upon those historical and recent events in which international law has exerted, or acquired, its force.

Select Contents: Foreword, Martti Koskenniemi 1. Introduction, Fleur Johns, Richard Joyce and Sundhya Pahuja 2. The International Law in Force: Anachronistic Ethics and Divine Violence, Jennifer Beard 3. Absolute Contingency and the Prescriptive Force of International Law, Chiapas-Valladolid, ca. 1550, Oscar Guardiola-Rivera 4. Latin Roots: The Force of International Law as Event, Peter Fitzpatrick 5. Westphalia: Event, Memory, Myth, Richard Joyce 6. The Force of a Doctrine: Art. 38 of the PCIJ Statute and the Sources of International Law, Thomas Skouteris 7. Paris 1793 and 1871: Levée en Masse as Event, Gerry Simpson 8. Decolonisation and the Eventness of International Law, Sundhya Pahuja 9. Postwar to New World Order and Post-Socialist Transition:

1989 As Pseudo-Event, Scott Newton 10. The Liberation of Nelson Mandela: Anatomy of a “Happy Event” in International Law, Frédéric Mégret 11. Political Trials as Events, Emilios Christodoulidis 12. The Tokyo Women’s Tribunal and the Turn to Fiction, Karen Knop 13. Many Hundred Thousand Bodies Later: An Analysis of the ‘Legacy’ of the International Criminal Tribunal for Rwanda, Denise Ferreira da Silva 14. From the State to the Union: International Law and the Appropriation of the New Europe, Patricia Tuitt 15. The Emergence of the World Trade Organization: Another Triumph of Corporate Capitalism? Fiona Macmillan 16. The World Trade Organisation and Development: Victory of ‘Rational Choice’? Donatella Alessandrini 17. Protesting the WTO in Seattle: Transnational Citizen Action, International Law and the Event, Ruth Buchanan 18. Globalism, Memory and 9/11: A Critical Third World Perspective, Obiora Chinedu Okafor 19. Provoking International Law: War and Regime Change in Iraq, John Strawson 20. The Torture Memos, Fleur Johns


Forthcoming

The Law on the Use of ForceA Feminist AnalysisGina Heathcote, School of Oriental and African Studies, UKSerieS: routledge reSearch in international law

This book analyses international laws on the use of force from a feminist perspective. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and demonstrates the capacity of feminist legal theories to enlarge our understanding of international legal dilemmas.

Select Contents: 1. Feminist Legal Approaches and International Law on the Use of Force 2. Collective Security 3. Justifying Force: Self-Defence 4. Justifying Force: Self-Determination 5. Justifying Force: Humanitarian Intervention 6. Justifying Force in the Era of Global Terrorism

September 2011: 234 x 156: 288pphb: 978-0-415-49287-4: $125.00For more information, visit: www.routledge.com/9780415492874

Internat ional Law & Internat ional Relat ions

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Forthcoming

Asian Yearbook of International LawVolume 15 (2009)Edited by B.S. Chimni, Jawaharlal Nehru University, India, Miyoshi Masahiro, Aichi University, Japan and Javaid Rehman, Brunel University, UKSerieS: aSian Yearbook of international law

The Asian Yearbook of International Law is produced by the Foundation for the Development of International Law in Asia (DILA). This volume offers Asian perspectives on topics including: treaty-making power in China; the crime of aggression, illegal fishing and the destruction of environment in armed conflicts.

Select Contents: 1. Introduction by the General Editors Part 1: Articles 2. International law, the Use of Force and the Crime of Aggression: From the Charter of the United Nations to the Rome Statute of the International Criminal Court, Sergey Sayapin 3. The Treaty-Making Power in China: Constitutionalisation, Progress and Problems, Chen Yifeng 4. Post–LOSC Legal Instruments and Measures to Address Illegal IUU Fishing, Dik Dik Sodik 5. An Examination of the Plea of Self-Defence vis-à-vis Non-State Actors (Sata Award 2009), Amin Ghanbari Amirhandeh 6. Destruction of Environment During an Armed Conflict and Violation of International Law: A Legal Analysis, Rishav Banerjee Part 2: Editorial Notes 7. The North Sea Continental Shelf Cases Revisited: Implications for the Boundaries in the Northeast Asian Seas, Miyoshi Masahiro 8. Freedom of Religion and Blasphemy Law, Javaid Rehman and Stephanie Berry Part 3: Legal Materials 9. Treaty Section 10. State Practice Part 4: Literature 11. Books Reviews: Yael Ronen, The Iran Nuclear Issue (Oxford: Hart Publishing) 2010, review by Javaid Rehman; Surya Subedi, International Investment Law: Reconciling Policy and Principle, (Hart Publishing: Oxford) review by Paramalingam Sandrasegaram; Rabia Bhuiyan, Gender and Tradition in Marriage & Divorce: An Analysis of Personal Laws of Muslims and Hindu Women in Bangladesh (Dhaka: UNESCO) 2010 review by Javaid Rehman

december 2011: 234 x 156: 360pphb: 978-0-415-69037-9: $155.00For more information, visit: www.routledge.com/9780415690379

International Humanitarian Law and the International Red Cross and Red Crescent MovementEdited by Aldo Zammit Borda, Commonwealth Secretariat, UKThis book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth. This book was published as a special issue of the Commonwealth Law Bulletin.

Select Contents: Foreword K.J. Keith. Preface Betty Mould-Iddrisu 1. Introduction to International Humanitarian Law Aldo Zammit Borda 2. The Inter-Play between International Humanitarian Law and International Human Rights Law Ruona Iguyovwe 3. Promoting International Humanitarian Law: The Work of the Commonwealth Secretariat Melissa Khemani and Joshua Brien 4. Implementation of International Humanitarian Law within the Commonwealth Leonard Blazeby 5. National Red Cross and Red Crescent Societies: Humanitarian Partner of Choice for Commonwealth States Michael Meyer 6. The International Humanitarian Fact-Finding Commission Charles Garraway 7. The Contribution of the Special Court for Sierra Leone to the Development of International Humanitarian Law Susan C. Breau 8. Samoa’s Experience with the International Criminal Court Ming Leung Wai 9. The Laws of War and Traditional Cultures: A Case Study of the Pacific Region Helen Durham 10. International Disaster Response Law and the Commonwealth: Answering the Call to Action Victoria Bannon Legislation 11. Commonwealth Countries Legislation 2005–2008 International Committee of the Red Cross IHL Treaty Accession 12. Accession Chart International Committee of the Red Cross Model Laws 13. Model Law: Geneva Conventions (Consolidation) Act International Committee of the Red Cross 14. Model Law: To Implement the Rome Statute of the International Criminal Court The Commonwealth Secretariat

2010: 234 x 156: 224pphb: 978-0-415-56571-4: $125.00For more information, visit: www.routledge.com/9780415565714

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International Law, Security and EthicsPolicy Challenges in the post-9/11 WorldEdited by Aidan Hehir, University of Westminster, UK, Natasha Kuhrt, King’s College London, UK and Andrew Mumford, University of Hull, UKSerieS: contemporarY SecuritY StudieS

This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror.

Select Contents: 1. Introduction: Policy Challenges to International Law, Security and Ethics in the Post-9/11 World Andy Mumford and Natasha Kuhrt Part 1: Framing the Issue 2. Terrorism, Security and International Law Nigel White 3. Al Qaeda and Networked International Insurgency Andy Mumford 4. Ethical and Legal Reasoning about War in a Time of Terror James Connelly and Don Carrick Part 2: International Law and Security 5. Law and War in the Global War on Terror Rachel Kerr and James Gow 6. Security, Discretion and International Law Aidan Hehir 7. The Human Security Agenda after 9/11: From Humanitarian Intervention to Peacebuilding Natasha Kuhrt Part 3: Self Defence 8. Principles of Pre-Emption: a Commentary on Issues and Scenarios for Self-Defence in the 21st Century James Gow 9. Who Killed the Right to Self-Defence? Thomas Jones 10. Computer Network Attacks, Self-Defence and International Law Elaine Korzak 11. Conclusion: War, Law and Ethics Aidan Hehir

April 2011: 234 x 156: 224pphb: 978-0-415-60742-1: $128.00ebook: 978-0-203-81608-0For more information, visit: www.routledge.com/9780415607421

The Problem of Enforcement in International LawCountermeasures, the Non-Injured State and the Idea of International CommunityElena Katselli Proukaki, Newcastle University, UKSerieS: routledge reSearch in international law

This book explores the contentious topic of how collective and community issues should be enforced in international law. The volume addresses both the theory and practice of third-State countermeasures, critically reviewing the State practice in support of a right to counter-measures, including new examples not previously covered in the literature.

Select Contents: 1. The International Community, Jus Cogens Norms and Obligations Erga Omnes 2. Community Interests in the Law on State Responsibility 3. Countermeasures in the Name of Community Interests in State Practice 4. Self-Contained Regimes, Solidarity Measures and the Fragmentation of International Law 5. The Principle of Proportionality




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Forthcoming

International Law in a Multipolar WorldEdited by Matthew Happold, University of Hull, UKSerieS: routledge reSearch in international law

This book explores the implications of a multipolar world for the development of international law, including contributions from Nigel White, Alexander Orakhelashvili and Christian Pippan. The contributions explore issues including the use of force, governance, regionalism and the relevance of the UN, considering the relationship between power and law.

Select Contents: 1. Introduction: Multipolarity and the International Legal System, Matthew Happold 2. The Security Council, the Security Imperative and International Law, Nigel White 3. Ascertaining Inchoate Threats to International Peace and Security, Isobel Roele 4. Nuclear Non-Proliferation and the Security Council in a Multipolar World, Daniel Joyner 5. Using Force in International Affairs: the Role of International Law in Contemporary International Politics, Dominika Švarc 6. The Curious Myth of Multipolarity in a Unipolar Use of Force World, Michael Schmitt 7. Military Action in Europe’s Backyard: From Kosovo to South Ossetia, James Summers 8. Is the Notion of Hegemony Sustainable in International Law?, Alexander Orakhelashvili 9. The Pragmatist’s Toolbox: Orthodox Generalists versus Political Activists in a Multipolar World, Jörg Kammerhofer 10. Democracy, International Law and the Global Public Realm, Silviya Lechner 11. Democratic Legitimacy in a Multipolar World: Between Exercise and Origin, Eric de Brabandere and Jean D’Aspremont 12. Whither Universal Democracy? Some Thoughts on the Constitutional Autonomy of States in a Multipolar World, Christian Pippan 13. The Construction of East Asia’s Regional Order: International Law and Sui Generis Bilateralism as Fundamental Institutions, Pablo Pareja Alcaraz 14. Post-Soviet States and International Law in a Multipolar World, Rima Tkatova 15. Universality and the Organisation of the Islamic Conference, Katja Samuel 16. The Reality of Regional Organisations and the Veneer of a Universal International Law, Richard Burchill 17. The Development of Self-Contained Regimes as an Obstacle to UN Global Governance, Carmen Draghici 18. The Relationship between Community Law and International Law after Kadi: Did the ECJ Slam the Door on ‘Effective Multilateralism’?, Aurel Sari

october 2011: 234 x 156: 384pphb: 978-0-415-56521-9: $125.00For more information, visit: www.routledge.com/9780415565219

International Organizations and the Idea of AutonomyInstitutional Independence in the International Legal OrderEdited by Richard Collins, University of Sheffield, UK and Nigel D. WhiteSerieS: routledge reSearch in international law

This volume explores the idea of intergovernmental organizations as autonomous international actors. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole.

Select Contents: Foreword, José E. Alvarez 1. International Organizations and the Idea of Autonomy: Introduction and Overview, Richard Collins & Nigel D. White Part One: Theoretical and Conceptual Frameworks 2. Modernist-Positivism and the Problem of Institutional Autonomy in International Law, Richard Collins 3. Legal Autonomy in Kant’s Philosophy of International Law, Patrick Capps 4. The Multifaceted Concept of the Autonomy of International Organizations and International Legal Discourse, Jean d’Aspremont 5. Policy Autonomy of Intergovernmental Organizations: A Challenge to International Relations Theory?, Bob Reinalda & Bertjan Verbeek 6. The Idea of Autonomy: Accountability, Self-Determinism and what Normative Claims about Institutional Autonomy in Global Governance Should Mean, Garrett W. Brown 7. Autonomy, Constitutionalism, and Virtue in International Institutional Law, Jan Klabbers Part Two: Themes of Autonomy in Public International Law and International Institutional Law. (a) Themes of Institutional Autonomy in International Law 8. The Emergence of International Agencies in the Global Administrative Space: Autonomous Actors or State Servants?, Ramses A. Wessel & Edoardo Chiti 9. International Adjudication and Autonomy, John Merrills 10. Sanctions and Countermeasures by International Organizations: Diverging Lessons for the Idea of Autonomy, Frederic Dopagne. (b) Themes of Autonomy in International Institutional Law 11. The Relationship between International Legal Personality and Institutional Autonomy, Tarcisio Gazzini 12. Powers of Organizations and the Many Faces of Autonomy, Viljam Engström 13. Managerial Accountability: What Impact on International Organizations’ Autonomy?, Jan Wouters, Nicholas Hachez & Pierre Schmidt 14. Autonomy, Attribution and Accountability: Reflections on the Behrami Case, Aurel Sari 15. Immunity as a Guarantee for Institutional Autonomy: A Functional Perspective on the Necessity of UN Immunity in Post-conflict Administrations, Eric De Brabandere Part Three: Autonomy within Particular Institutional Contexts 16. Layers of Autonomy in the UN System, Nigel D. White 17. Regional Organizations and the UN Legal Order: Interdependence of Independence?, Richard Burchill 18. Conceptualizing the Autonomy of the European Union, Nicholas Tsagourias 19. Institutional Balances, Competences and Restraints: the EU as an Autonomous Foreign Policy Actor, Paul James Cardwell 20. Autonomy in International Environmental Law and Governance - A Case Study of the Actual (Somewhere Between the Fable and the Threat), Duncan French 21. Future Imperfect: Institutional Autonomy and the WTO, Mary E. Footer


Sovereignty and Jurisdiction in the Airspace and Outer SpaceLegal Criteria for Spatial DelimitationGbenga Oduntan, University of Kent, UKSerieS: routledge reSearch in international law

This book considers questions of sovereignty and jurisdiction in airspace and outer space. The book takes into account both public and private international law in order to propose legal criteria to determine where the exclusive sovereignty of airspace ends and where outer space - the province of all mankind - begins.

Select Contents: 1. Preliminary Considerations: Sovereignty, Jurisdiction and Control in International Law 2. Aspects of Sovereignty and Jurisdiction Over the Seas 3. Aspects of Sovereignty and Jurisdiction in Polar Regions and in Antarctica 4. The Legal Status of the Airspace 5. Jurisdiction Over Crimes in the Airspace and on Board Aircraft 6. Jurisdiction and Control in the Airspace Over International Spaces 7. Sovereignty and Trespass in Territorial Airspace 8. Jurisdiction and Control in Outer Space 9. Legality of The Common Heritage of Mankind Principle in Space Law 10. Utilisation Regime Over Space Based Resources: Analogies from the International Seabed Regime and Antarctica 11. Jurisdiction and Control Rationae Instrumenti and Rationae Personnae in Outerspace 12. Aspects of Sovereignty and Jurisdiction in the Delimitation of the Seas

August 2011: 234 x 156: 424pphb: 978-0-415-56212-6: $155.00ebook: 978-0-203-80755-2For more information, visit: www.routledge.com/9780415562126



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Participants in the International Legal SystemMultiple Perspectives on Non-State Actors in International LawEdited by Jean d’Aspremont, University of Amsterdam, the NetherlandsSerieS: routledge reSearch in international law

This book features contributions by renowned scholars each of whom look at a region, theory or tradition of international law, and will consider how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought.

Select Contents: Foreword, Michael Reisman. Presentation, Math Noortmann 1. Introduction – Non-State Actors in International Law: Oscillating Between Concepts and Dynamics, Jean d’Aspremont Part I: Theoretical Perspectives 2. Non-State Actors from the Perspective of Legal Positivism: the Communitarian Semantics for the Secondary Rules of International Law, Jean d‘Aspremont 3. Non-State Actors from an International Constitutionalist Perspective: Participation matters!, Thomas Kleinlein 4. Non-State Actors from the Perspective of a Pure Theory of Law, Jörg Kammerhofer 5. Non-State Actors from the Perspective of the Policy Oriented School: Power, Law, Actors and the View from New Haven, Antony d’Amato 6. Towards an Interdisciplinary Approach to Non-State Participation in the Formation of Global Law and Order, Math Noortmann Part II: The Regional Perspectives 7. Non-State Actors in French Legal Scholarship: International Legal Personality in Question, Nicolas Leroux 8. Non-State Actors in North American Legal Scholarship: Four Lessons for the Progressive and Critical International Lawyer, Rémi Bachand 9. Non-state Actors in Southeast Asia: How does Civil Society Contribute Towards Norm-building in a State-centric Environment?, Hsien-Li Teresa 10. Contemporary Russian Perspectives on Non-State Actors: Fear of the Loss of State Sovereignty, Lauri Mälksoo Part III: Institutional Perspectives 11. Non-State Actors from the Perspective of the International Court of Justice, Gleider I. Hernández 12. Non-State Actors from the Perspective of the International Law Commission, Gentian Zyberi 13. Non-State Actors from the Perspective of the Institut de Droit international, François Rigaux 14.Non-State Actors from the Perspective of International Criminal Tribunals, Guido Acquaviva 15. Non-State Actors from the Perspective of the International Committee of the Red Cross, Raphaël van Steenberghe 16. The International Law Association and Non-State Actors, Math Noortmann 17. NGO’s Perspectives on Non-State Actors, Gaëlle Breton-Le Goff Part IV: Subject matter-based perspectives 18. Non-State Actors and Human Rights: Corporate Responsibility and the Attempts to Formalize the Role of Corporations as Participants in the International Legal System, Eric de Brabandere 19. Non-State Actors in International Humanitarian Law, Cedric Ryngaert 20. Non-State Actors in International Criminal Law, Cassandra Steer 21. Non-State Actors in International Institutional Law: Non-State, Inter-state or Supra-State? The Peculiar Identity of the Intergovernmental Organization in International Institutional Law, Richard Collins 22. Non-State Actors in International Peace and Security: Non-state actors and the Use of Force, Nicholas Tsagourias 23. Non-State Actors in International Dispute Settlement: Pragmatism in International Law, Eric de Brabandere 24. Non-State Actors in International Investment Law: To Be or Not To Be? The Legal Personality of Non-State Actors in International Investment Law, Patrick Dumberry and Érik Labelle-Eastaugh 25. Non-State Actors in International Environmental Law: A Rousseauist Perspective, Makane Mbengue 26. Non-State Actors in Refugee Law: L’Etat, c’est Moi. Refugee Law as a Response to Non State Action, Penelope Mathew 27. Non-State Actors in European Law: Enhanced Participation of Non-State Actors in EU Law-Making and Law-Enforcement Processes -- a Quest for Legitimacy, Damien Gerard 28. Conclusions: Inclusive Law-making and Law-enforcement Processes for an Exclusive International Legal System, Jean d’Aspremont


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Self-Determination in the Post-9/11 EraElizabeth Chadwick, Nottingham Trent University, UKSerieS: routledge reSearch in international law

This book takes the ten-year anniversary of 9/11 as a timely point at which to review the impact on the theory and practice of self-determination caused by wider anti-terrorist action and a growing disregard of the laws of armed conflict.

Select Contents: 1. Introduction 2. Perspectives on Self-Determination in the Post-9/11 Era 3. The Role of Laws of Warfare 4. ‘Peace’ is ‘War’ 5. The Growth in Linkage between Self-Determination and Terrorism: International and Regional Instruments 6. Post-9/11 Statutes and Case Law of the Security Council Permanent Members 7. Conclusions and Final Remarks

may 2011: 234 x 156: 184pphb: 978-0-415-55004-8: $125.00ebook: 978-0-203-81839-8For more information, visit: www.routledge.com/9780415550048

State Accountability under International LawHolding States Accountable for a Breach of Jus Cogens NormsLisa Yarwood, The Chinese University of Hong KongSerieS: routledge reSearch in international law

State Accountability under International Law sets forth a definition of State accountability as the antithesis of State impunity, and establishes a threshold against which the existence, or not, of State accountability can be determined. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to prevent impunity by Sudan and Zimbabwe. The book also addresses the relationship between State accountability and the emerging practice of international humanitarian intervention to consider whether intervention could be used for the purpose of holding States accountable for a breach of jus cogens norms.

Select Contents: Introduction 1. The Elements of State Accountability 2. State Accountability as a Conceptual Framework 3. The Relationship between State Accountability and Three Relevant Doctrines of International Law 4. Juridical Support for State Accountability under the Doctrine of State Responsibility 5. State Accountability in State Practice Conclusion

2010: 234 x 156: 200pphb: 978-0-415-57783-0: $120.00ebook: 978-0-203-83752-8For more information, visit: www.routledge.com/9780415577830



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Forthcoming

The ICJ and the Development of International LawThe Enduring Impact of the Corfu Channel CaseEdited by Karine Bannelier, University of Grenoble, France, Théodore Christakis, University of Grenoble, France and Sarah Heathcote, Australian National University, AustraliaSerieS: routledge reSearch in international law

In 1949, the International Court of Justice handed down its first judgment in the Corfu Channel Case. The contributors to this book consider the decision’s influence on various aspects of international law and its continuing relevance to many contemporary issues in international law.

Select Contents: Part I: Views from the Bench: the Legacy of the Corfu Channel Case 1. An International Contentious Case on the Threshold of the Cold War, Mohammed Bedjaoui 2. The Corfu Channel Case and the Concept of Sovereignty, Mohamed Bennouna 3.The Bar, Jean-Pierre Cot Part II: The Historical and Institutional Framework 4.The Corfu Channel Case in Perspective: The Factual and Political Background, Aristoteles Constantinides 5.The International Court of Justice and the Security Council: Disentangling Themis from Ares, Giovanni Distefano and Etienne Henry Part III: Procedural and Evidential Issues before the World Court 6.The Basis of the Court’s Jurisdiction and the Scope and Usefulness of Forum Prorogatum, Henry Burmester 7. The International Court of Justice and Standards of Proof, Katherine Del Mar 8.’Naval Secrets’, Public Interest Immunity and Open Justice, KJ Keith Part IV: Law of the Sea 9. International Straits: Still a Matter of Contention?, Stuart Kaye 10. Dangerous Waters and International Law: The Corfu Channel Case, Warships, and Sovereignty Irritants, Rob McLaughlin 11. Peacetime Maritime Operations, Donald R. Rothwell Part V: Fundamental Rules of International Law 12.The Court’s Decision in silentium on the Sources of International Law: Its Enduring Significance, Akiho Shibata 13. Intervention and Self-help, Theodore Christakis 14. A Policy of Force, Christine Gray 15. Foundational Judgment or Constructive Myth? The Court’s Decision as a Precursor to International Environmental Law, Karine Bannelier 16. The Interaction between International Humanitarian Law and Human Rights Law and the Contribution of the ICJ, Djamchid Momtaz and Amin Ghanbari Amirhandeh 17. Elementary Considerations of Humanity, Matthew Zagor Part VI: Issues of State Responsibility 18. State Omissions and Due Diligence: Aspects of Fault, Damage and Contribution to Injury in the Law of State Responsibility, Sarah Heathcote 19. The Limits of Complicity as a Ground for Responsibility: Lessons Learned from the Corfu Channel case, Olivier Corten and Pierre Klein 20. Reparation and Compliance, Pierre díArgent Conclusion, Hilary Charlesworth


Forthcoming

International History & International RelationsAndrew Williams, University of St. Andrews, UK, Amelia Hadfield, University of Kent, UK and Simon Rofe, Kings College London, UKThis textbook is designed to provide undergraduate students of international relations with valuable and relevant historical context.

Select Contents: 1. Diplomatic, International and Global History 2. War 3. Peace 4. Sovereignty 5. Empire 6. International Organisations 7. Identity 8. Conclusion

october 2011: 246 x 174: 224pphb: 978-0-415-48178-6: $150.00Pb: 978-0-415-48179-3: $41.95For more information, visit: www.routledge.com/9780415481793

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Islamic Law and the Law of Armed ConflictThe Conflict in PakistanNiaz A Shah, University of Hull, UKSerieS: routledge reSearch in the law of armed conflictS

Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law.

Select Contents: 1. Introduction Part 1: The Islamic Law of Qital and the Law of Armed Conflict 2. The Islamic Law of Qital 3. The Islamic Law of Qital among Muslims 4. The Islamic Law of Qital and the Law of Armed Conflict Part 2: The Armed Conflict in Pakistan 5. Fighting the Taliban: A Legal Perspective 6. War Crimes in the Armed Conflict in Pakistan Part 3: Concluding Remarks 7. Concluding Remarks

march 2011: 234 x 156: 176pphb: 978-0-415-56396-3: $125.00ebook: 978-0-203-83077-2For more information, visit: www.routledge.com/9780415563963

Forthcoming in 2012

SovereigntyJens Bartelson, University of Copenhagen, DenmarkSerieS: critical iSSueS in global politicS

This book summarizes recent academic debates on sovereignty within academic international relations and political theory. Recent scholarship has focused on the changing meaning of the concept of sovereignty in a variety of historical and political contexts, and under what conditions these changes in turn spill over into institutional change on a global scale. This book furnishes new insights about the current meaning and function of the concept of sovereignty within international relations and political theory.

Select Contents: 1. Introduction. The Problem of Sovereignty 2. Sovereignty: A Brief Conceptual History 3. The Obsolescence of Sovereignty 4. The Permanence of Sovereignty 5. Is Sovereignty What We Make of It?

January 2012: 216 x 138: 192pphb: 978-0-415-44682-2: $130.00Pb: 978-0-415-44683-9: $28.95For more information, visit: www.routledge.com/9780415446839

Uncertainty in International LawA Kelsenian PerspectiveJörg Kammerhofer, Friedrich Alexander University Erlangen-Nuremberg, GermanyDrawing on Hans Kelsen’s ‘pure’ theory of law this book considers the causes and manifestations of uncertainty in the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties.

Select Contents: 1. Introduction 2. Self-Defence under the United Nations Charter 3. Customary International Law 4. Interpretation and Modification 5. Conflict of Norms in International Law 6. A Constitution for International Law 7. The Inevitable Grundnorm


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The Kurdish ConflictInternational Humanitarian Law and Post-Conflict MechanismsKerim Yildiz, The Kurdish Human Rights Project, UK and Susan Breau, University of Surrey, UK This book looks at

practically applying the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. This will mean addressing larger questions in international law, global politics and conflict resolution including belligerency in international law, whether the ‘law on terror’ has resulted in

changes to the law of armed conflict and terrorism. The book suggests possible political solutions to bring the conflict to an end.

Select Contents: 1. Historical Background 2. The International Law of Armed Conflict – Jus in Bello 3. Common Article 3. Customary International Humanitarian Law, International Human Rights Law and Minimum Humanitarian Standards Applicable to the Conflict in Southeast Turkey 4. Belligerents 5. The International Law of Armed Conflict – Jus ad Bellum 6. Terrorism, the Law of Armed Conflict and the PKK 7. Terrorism: Historical Engagement and the Global War on Terror 8. Self-Determination: Models for a Political Solution 9. International Humanitarian Law: Recognition of the Conflict as a Basis for Constructive Political Dialogue and Peace-Building


Forthcoming

The Nuclear Non-Proliferation Treaty and IndiaEdited by Rajiv Nayan, Institute for Defence Studies & Analysis, IndiaThis book examines the international perspectives on India’s involvement with the NPT, as well as those from India itself.

It was published as a special issue of The Strategic Analysis.

Select Contents: 1. Between Power & Justice: Current Problems and Perspectives of NPT Regime Harald Muller 2. Nuclear Disarmament in a Non-Proliferation Context: A Russian Perspective Alexander Nikitin 3. The Current Problems of the NPT: How to Strengthen the Nonproliferation Regime Nobuyasu Abe 4. NPT Review Conference 2010: Issues and Prospects Arvind Gupta 5. Previewing the 2010 Nuclear Non-Proliferation Treaty Review Conference Miles A. Pomper 6. NPT RevCon 2010: An Opportunity to Refocus Priorities Manpreet Sethi 7. India and the NPT Leonard Weiss 8. India and the NPT Aaron Tovish 9. India and the NPT: Separating Substantive Facts from Normative Fiction Anupam Shrivastava and Seema Gahlaut 10. Reforms in the NPT and Prospects for India’s Accession: A Situational Analysis A. Vinod Kumar 11. The NPT and India: Accommodating the Exception Rajiv Nayan


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Cosmopolitan Justice and its DiscontentsEdited by Cecilia Bailliet, University of Oslo, Norway and Katja Franko Aas, University of Oslo, NorwayCosmopolitan Justice and its Discontents provides a multidisciplinary perspective on the legal and ethical implications of cosmopolitanism.

Select Contents: Part I 1. Cosmopolitan Sovereignty, Sam Adelman 2. Does a World State Really Lead to A Graveyard of Freedom?, Ronald Tinnevelt Part II 3. Guilty Landscapes: Collective Guilt and International Criminal Law, Chrisje Brants 4. Exposing Checks & Balances in War Powers: A Solider’s Tale of Cosmopolitan Federalism, Cecilia M. Bailliet Part III 5. EU Constitutionalization in Turkey: Exchanging Visions and Values on Tolerance and Diversity, Kyriaki Topidi 6. All the People in All the World: A Cosmopolitan Perspective on Migration and Torture, Barbara Hudson 7. A Borderless World? Cosmopolitanism, Borders & Frontiers, Katja Franko Aas Part IV 8. The Cosmopolitanism of Transnational Economic Law, Robert Wai 9. Cosmopolitan Competition: The Case of International Investment, Malcolm Langford 10. Cosmopolitanism in Practice? The Case of the Norwegian Government Pension Fund, Andreas Follesdahl Epilogue Frictions of Hospitality and the Possibilities of Cosmopolitan Justice in Everyday Life, Thomas Hylland Eriksen


Global Institutions Series

Forthcoming in 2012

Coping with Nuclear WeaponsIssues and Global InstitutionsW. Pal Sidhu, EastWest InstituteSerieS: global inStitutionS

In the recent past there have been several high-profile unilateral, bilateral and multilateral declarations calling for a world free of nuclear weapons, further efforts to prevent proliferation and initiatives to secure nuclear material from falling into the hands of non-state actors, particularly terrorists groups. This work seeks to provide a concise and comprehensive analysis of the role of global institutions in this campaign.

Select Contents: Introduction Part 1: The Past 1. Historical overview 2. Successes and failures Part 2: The Present 3. Three post-Cold War disarmament and nonproliferation challenges 4. Responses to the three challenges Part 3: The Future 5. Pathways towards disarmament and nonproliferation 6. Conclusion: The way forward


Forthcoming in 2012

International AidPaul MosleySerieS: global inStitutionS

This book provides a succinct but sophisticated understanding of humanitarianism and on-going dilemmas and tensions that have accompanied it since its origins in the early 19th century until the 21st century.

Select Contents: 1. Objectives 2. Historical background and evolution 3. The domestic politics of aid 4. International financial institutions and global governance 5. Development effectiveness 6. The Great Poverty Campaign 7. Into the future: the challenge of ‘scaling up’ 8. Conclusions

march 2012: 216 x 138: 160pphb: 978-0-415-62044-4: $110.00Pb: 978-0-415-62045-1: $29.95For more information, visit: www.routledge.com/9780415620451



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Forthcoming in 2012

Human SecurityGlobal Politics and the Human Costs of WarDon Hubert, University of Ottawa, CanadaSerieS: global inStitutionS

This book examines the idea of human security and its influence in global politics since the end of the Cold War. The core of the book focuses on three specific campaigns: the international ban on anti-personnel landmines, the prohibition on the use of child soldiers and international efforts to address the problem of conflict diamonds.

Select Contents: 1. Origins of the International Humanitarian System 2. Mercy and Manipulation in the Cold War 3. The Globalization of Humanitarianism: From the End of the Cold War to the Global War on Terror 4. States as Responders and Donors 5. International Organizations 6. NGOs and Private Action 7. Our Brave New World, a Better Future?

June 2012: 216 x 138: 176pphb: 978-0-415-48814-3: $150.00Pb: 978-0-415-48815-0: $31.95For more information, visit: www.routledge.com/9780415488150

Forthcoming

International Law, International Relations and Global GovernanceCharlotte Ku, University of Illinois College of Law, USASerieS: global inStitutionS

This book focuses on collaborative work within the disciplines of international law and international relations, to note sample efforts to collaborate, and to assess the cultivation of an interdisciplinary outlook.

Select Contents: 1. Points of departure 2. International concerns and the international community of states 3. The expanded international political and juridical arena 4. International relations in a global context 5. International law in the global environment and the development of global scripts 6. Taking stock: global governance in a post-Westphalian order

november 2011: 216 x 138: 192pphb: 978-0-415-77872-5: $130.00Pb: 978-0-415-77873-2: $44.95For more information, visit: www.routledge.com/9780415778732

Forthcoming in 2012

PeacebuildingFrom Concept to CommissionRobert Jenkins, Birkbeck, University of London, UKSerieS: global inStitutionS

This book is about the origins and evolution of peacebuilding as a concept, the creation and functioning of the UN Peacebuilding Commission as an institution, and the complicated relationship between these two processes.

Select Contents: 1. Overview 2. Birth of an Institution: The UN Peacebuilding Commission 3. Peacebuilding: An Evolving Concept 4. Peacebuilding in Practice: Debating the Record 5. The Peacebuilding Commission in Action 6. Assessing the Peacebuilding Commission’s Performance 7. Theoretical Implications 8. Conclusion and the Road Ahead


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The UN Human Rights CouncilBertrand G. Ramcharan, City University of New York, USASerieS: global inStitutionS

The Human Rights Council is already the subject of major public interest and controversy. The Council is already being criticized for having dropped some of the protection strategies of the former commission and this book aims to present a balanced view of the council, acknowledging where it

has made positive contributions, point out its deficiencies, and identify options for improving the body’s future work.

Select Contents: Introduction 1. The Mandate and Roles 2. Institutional and Procedural Architecture 3. The Universal Periodic Review 4. The Legislative Role 5. Promotional and Educational Role 6. Preventive Role 7. Fact-finding Role 8. Protection Role 9. The Advisory Committee 10. NGOs and the Council Conclusions

August 2011: 276 x 219: 144pphb: 978-0-415-58398-5: $110.00Pb: 978-0-415-58399-2: $28.95ebook: 978-0-203-80667-8For more information, visit: www.routledge.com/9780415583992

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Are Human Rights for Migrants?Critical Reflections on the Status of Irregular Migrants in Europe and the United StatesEdited by Marie-Benedicte Dembour, University of Sussex, UK and Toby Kelly, University of Edinburgh, UK Are Human Rights for

Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.

Select Contents: Introduction, Marie-Bénédicte Dembour and Tobias Kelly Part I: Taking it as a given: The affirmation of the optimist 1. The Recognition of the Rights of Migrants within the UN Human Rights System: the First Sixty Years, Stefanie Grant 2. Irregular Migration and Frontier Deaths: Acknowledging a Right to Identity, Stefanie Grant Part II: Deliberating: The efforts of those who work the system 3. The Constitutional Status of Irregular Migrants: Testing the Boundaries of Human Rights Protection in Spain and the United States, Cristina Rodriguez and Ruth Rubio Marin 4. The Human Rights of Migrants as Legal tools and Discursive Principles for Re-Framing Individual Justice in Modern Constitutionalism, Galina Cornelisse Part III: Protesting: The outrage of the witness 5. ‘Not our problem’: Why the conditions of irregular migrants in detention are not considered a human rights issue in Malta, Daniela De Bono 6. The Calaisis area: transit zone or dead-end?, Marie Martin Part IV: Keeping one’s distance: The puzzlement of the sceptic 7. Human Rights and Immigration Detention in the UK, Mary Bosworth 8. The Legalisation of Human Rights and the Protection of Torture Survivors: Asylum, Evidence and Disbelief, Tobias Kelly 9. The Rights of the Person: a Constitutional Agenda Drawn from the US Experience, Linda Bosniak 10. Afterword, Upendra Baxi


Global Institutions Series (continued)



8

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Genocide, State Crime, and the LawIn the Name of the StateJennifer Balint, University of Melbourne, Australia Genocide, State Crime and

the Law argues that genocide and other forms of state crime must be located in relation to cultural, political and legal processes if they are to be properly understood and addressed.

Select Contents: 1. Conceptualising Genocide and State Crime 2. The

Toleration of Harm: Law and Perpetration 3. Cutting off the Old, Envisaging the New: Law and Redress 4. Accountability and Responsibility: Addressing Institutions 5. Bringing us all Together: Law and Reconciliation 6. Law and the Constitution of State Crime and Genocide

August 2011: 234 x 156: 248pphb: 978-0-415-54381-1: $125.00ebook: 978-0-203-80627-2For more information, visit: www.routledge.com/9780415543811

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Self-Defence in International and Criminal LawThe Doctrine of ImminenceOnder Bakircioglu, Queen’s University Belfast, UKThis book surveys the roots, role, rationale, and objectives of self-defence in both domestic criminal law and international law, and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.

Select Contents: Introduction 1. The Doctrine of Self-Defence and its Limits in Criminal Law 2. The Laws of War and the Roots of International Self-Defence 3. From Sovereignty to Unilateralism: A Critique of the Preventive War Doctrine 4. The Role and Rationale of the Imminence Requirement in National and International Law 5. Conclusions


Forthcoming

Moral Accountability and International Criminal LawHolding Agents of Atrocity Accountable to the WorldKirsten Fisher, University of Helsinki, FinlandThis book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity. The author provides criteria for determining the kinds of actions that should be addressed through international criminal law. Additionally, it asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book also examines the function of international criminal law and finally considers how the goals and purposes of international law can best be institutionally supported.

Select Contents: 1. The Distinct Domain of International Criminal Law 2. International Crimes 3. The Expressive Value of Judgement and Punishment 4. Challenges of Individual Responsibility within Collective Wrongs 5. Identifying Liability, Fair Labeling and ICL Offenses 6. Complementarity and the Detriments of Universal Jurisdiction 7. Evaluating Judicial Mechanisms 8. Retributive Justice as Culturally Insensitive? 9. Collective Responsibility and Collective Punishment. Conclusion

September 2011: 234 x 156: 256pphb: 978-0-415-67198-9: $130.00ebook: 978-0-203-80337-0For more information, visit: www.routledge.com/9780415671989

The Era of Transitional JusticeThe Aftermath of the Truth and Reconciliation Commission in South Africa and BeyondPaul Gready, University of York, UK The Era of Transitional

Justice: The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond explores the broader issues raised by political transition and transitional justice through the prism of the TRC and transition in South Africa.

Select Contents: Introduction 1. Truth as Genre 2. From

Social Truth to Rights-Based Participation 3. Justice Past 4. Justice Present 5. Speaking Truth to Reconciliation 6. Reconciliation, Relationships and the Everyday. Conclusion


2nd Edition

Unspeakable TruthsTransitional Justice and the Challenge of Truth CommissionsPriscilla B. Hayner This book is a definitive

exploration of truth commissions around the world and the anguish, injustice, and the legacy of hate they are meant to absolve.

Select Contents: 1. Introduction 2. Confronting Past Crimes: Transitional Justice and the Phenomenon of Truth Commissions 3. Why

a Truth Commission? 4. The Five Strongest Truth Commissions 5. Other Illustrative Truth Commissions 6. What is the Truth? 7. The Truth About Women and Men 8. Truth and Justice: A Careful but Critical Relationship 9. Truth Commissions and the International Criminal Court 10. Naming Names of Perpetrators 11. Healing from the Past 12. Truth and Reparations 13. Reconciliation and Reforms 14. Leaving the Past Alone 15. When, How, and Who: Basic Questions of Methodology and Operations 16. Reflections: Looking Forward




9

Forthcoming

Lawyers and the Construction of Transnational JusticeEdited by Yves Dezalay and Bryant Garth, Southwestern Law School, USASerieS: law, development and globalization

Lawyers and the Construction of Transnational Justice examines the people, the conflicts, and the mechanisms involved in producing transnational norms and institutions.

Select Contents: Introduction: Constructing Transnational Justice, Yves Dezalay and Bryant G. Garth 2. Lawyers, Humanitarian Emergencies, and the Politics of Large Number, Ron Levi and John Hagan 3.The Cause of Universal Jurisdiction: The Rise and Fall of an International Mobilization, Julien Seroussi 4. Lawyering War or Talking Peace? On Militant Usages of the Law in the Resolution of Internal Armed Conflicts: A Case Study of International Alert, Sara Dezalay 5. From Peacebuilding in War-Torn Countries to Justice in the Global North, Sandrine Lefranc 6. Legal Cosmopolitanism Divided: Stating, Codifying, and Invoking International Law of State Responsibility, Pierre-Yves Condé 7. Globalizing Intellectual Property Rights: The Politics of Law and Public Health, Diana Rodriguez-Franco 8. The Transnational Meets the National: The Construction of Trade Policy Networks in Brazil, Gregory Shaffer, Michelle Ratton Sanchez Badin and Barbara Rosenberg 9. The Force of a Weak Field: Law and Lawyers in the Government of Europe, Antoine Vauchez 10.The European Court of Justice in the Emergent European Field of Power: Transnational Judicial Institutions and National Career Paths, Antonin Cohen 11. Human Rights and the Hegemony of Ideology: European Lawyers and the Cold War Battle over International Human Rights, Mikael Rask Madsen


Humanitarianism ContestedWhere Angels Fear to TreadMichael Barnett, George Washington University, USA and Thomas G. Weiss, The City University of New York, USA This book provides a

succinct but sophisticated understanding of humanitarianism and on-going dilemmas and tensions that have accompanied it since its origins in the early 19th century until the 21st century.

Select Contents: Introduction 1. Humanitarianism: The

Essentials 2. ‘Birth’ and Maturation, 1864-1945 3. The Traditional Enterprise, 1945 - 1989 4. The Turbulent Post-Cold War Era: The New Humanitarianism? 5. Turbulent Humanitarianism Since 1989: Rhetoric Meets Reality 6. Humanitarianism’s Past and Possible Futures: Ten Guiding Questions

February 2011: 216 x 138: 192pphb: 978-0-415-49663-6: $118.00Pb: 978-0-415-49664-3: $25.95ebook: 978-0-203-82930-1For more information, visit: www.routledge.com/9780415496643

Forthcoming

On the Right of ExclusionLaw, Ethics and Immigration PolicyBas Schotel, University of Amsterdam, the Netherlands On the Right of Exclusion:

Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted.

Select Contents: Introduction; Part I: A legal

problem: exclusion without justification; Part II: Exclusion and standard prerogatives of sovereignty; Part III:The Exclusion Thesis; Part IV: Orders without Borders. Refuting the Exclusion Thesis; Part V; Inclusion for the sake of Exclusion: the Authority of Immigration Laws; Part VI; The First Burden of Justification; Part VII; Institutional Proposal: Testing the Proportionality of Exclusion; Conclusion


Forthcoming

Propaganda, War Crimes Trials and International LawFrom Speakers’ Corner to War CrimesEdited by Predrag Dojcinovic, International Criminal Tribunal for the Former Yugoslavia Propaganda, War Crimes

Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials.

Select Contents: Introduction Part One: Propaganda from “Speakers’ Corner” to War Crimes 1. The new media,

modern warfare, mind-engineering and new propaganda paradigms Nenad Fiser 2. Towards a cognitive linguistic approach to the criminal analysis of open source evidence in war crimes investigations Predrag Dojcinovic 3. A legal analysis of propaganda-related evidence and the formulation of charges based on international law, the ICTY and ICTR Statutes, existing jurisprudence and other relevant documents Dan Saxon Part Two: Propaganda, the War Crimes Trials & International Law 4. A methodology of writing an expert report on propaganda for a war crimes case and personal reflections on the presentation of an expert report before the trial chamber, the prosecution and the defense Anthony Oberschall 5. A comparative legal analysis of the use of film and other visual documentary material by the prosecution at the ICTY, ICTR, the Nuremberg and other historical war crimes trials Lawrence Douglas 6. A legal analysis and evaluation of the presentation of propaganda cases and related jurisprudence emerging from past and ongoing war crimes trials Michael G. Kearney Conclusion

november 2011: 234 x 156: 312pphb: 978-0-415-57959-9: $125.00ebook: 978-0-203-18092-1For more information, visit: www.routledge.com/9780415579599



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Regulating the International Movement of WomenFrom Protection to ControlEdited by Sharron FitzGerald, University of Aberystwyth, UK Regulating the International

Movement of Women interrogates the complex relationship between the state and the normative regulation of women who cross national borders.

Select Contents: Introduction: Identifying the Problematic: Why Does Vulnerability Matter?, Sharron A. FitzGerald (Editor)

Part 1: Race 2. Babies, Berries and Bedrooms: Vulnerability and Citizenship among Female Labour Migrants from the Global South, Jenna L. Hennebry 3. Crossing Borders, Inhabiting Spaces: The (In)credibility of Sexual Violence in Asylum Appeals, Helen Bailliot, Sharon Cowan and Vanessa Munro 4. Race, Normativity and the Biopolitics of Vulnerable Labourers, Deborah Dixon Part 2: Citizenship 5. A Gender Perspective on the Return of ‘Illegal Immigrants’, Heli Askola 6. (En)gendering Vulnerability in Borderlands: Femicide and Citizenship, Marie Woodling 7. Orpah’s Daughters: Dangerous Vulnerability, Second Generations and the Nation State, Máiréad Enright Part 3: Human Trafficking 8. Moral and Legal Obligations of the State to Victims of Sex Trafficking: Vulnerability and Beyond, Tsachi Keren-Paz 8. Human Trafficking, Prostitution and the Construction of the New Female Victim, Jo Phoenix 10. Adaptive Normative Spatiality: Sovereignty, Mobility and the Female Trafficked Migrant, Sharron A. FitzGerald


Forthcoming

Colonialism, Slavery, Reparations and TradeRemedying the ‘Past’?Edited by Fernne Brennan and John Packer, both at University of Essex, UKColonialism, Slavery, Reparations and Trade: Remedying the ‘Past’? addresses how reparations might be obtained for the legacy of the trans Atlantic slave trade.

Select Contents: Part I Economic-Based Reparations: History and Future 1. International Legal Responsibility & Reparations for Transatlantic Slavery Nora Wittmann 2. The trade in enslaved Africans and slavery after 1807 Marika Sherwood 3. Learning lessons from history? The International Legal Framework for Combating Modern Slavery Steve Peers 4. Reparations: The Universal Periodic Review and the Right to Development Rohan Kariyawasam Part II Reparations as a Legal Strategy 5. Formulating the Case for Reparations Lord Anthony Gifford 6. Litigation And Political Action To Address Historic Injustices In The United States: Problems And Prospects Dinah Shelton 7. Two Hundred Years After The Abolition Of The Transatlantic Slave Trade, Could There Be A Juridical Basis For The Call For Reparations? Kwesi Quartey 8. Restitution After Slavery Kate Bracegirdle 9. Judge, Jurisprudence and Slavery in England 1729-1807 Sheila Dziobon Part III Pluralism: Strategies for Reparations 10. Slave Trade Reparations, Institutional Racism and the Law Fernne Brennan 11. The Value of Experience: What Post World War 2 Settlements Teach us About Reparations Clemens Nathan 12. An Interview with Clemens Nathan Chris Burnett 13. Reparations For Slavery And The Trans-Atlantic Slave Trade: The Case For Special Measures Marcus Goffe

october 2011: 234 x 156: 280pphb: 978-0-415-61915-8: $125.00ebook: 978-0-203-35729-3For more information, visit: www.routledge.com/9780415619158

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The United States, International Law and the Struggle against TerrorismThomas McDonnell, Pace University, USASerieS: routledge reSearch in terroriSm and the law

This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing their compliance with international law. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism.

Select Contents: Acknowledgements. List of Abbreviations. Preface 1. The West’s Colonization of Muslim Lands and the Rise of Islamic Fundamentalism 2. “The Global War on Terrorism”: A Mislabeling of the Terrorist Challenge? Part 1: Imprisoning Suspected Agents of Terror 3. “Torture Light” 4. “Torture Heavy” 5. The Allure of the “Ticking Time Bomb” Hypothetical 6. Beyond Locking ’Em Up and Throwing Away the Key? Indefinite Detention, Habeas Corpus, and the Right to a Fair Trial Part 2: Stopping Terrorists on the Ground 7. Acceptable “Collateral Damage”? Taking Innocent Life in Conducting the “War on Terrorism” 8. Assassinating Suspected Terrorists: “The Dark Side” of the War on Terror? 9. Carrying out the Death Penalty in the “War on Terrorism”: Getting Just Desert or Creating Martyrs? 10. Ethnic and Racial Profiling: Counter Productive in the “War on Terrorism”? Part 3: Invading and Occupying Muslim Countries 11. The Invasion and Occupation of Iraq: Aggression or a Justified Resort to Force? 12. The Invasion and Occupation of Afghanistan: The Legal Challenge Posed by the Haven State 13. Conquest, Colonization and the Right of Self-Determination. Glossary. Index


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11

Mainstreaming Human Security in Peace Operations and Crisis ManagementPolicies, Problems, PotentialEdited by Wolfgang Benedek, University of Graz, Austria, Matthias C. Kettemann, University of Graz, Austria and Markus Möstl, University of Graz, AustriaThis volume looks at the practical implications of mainstreaming human security. It focuses on the potential, problems and policies of human security in crisis management in general, and on crisis management operations of the European Union and the United Nations in particular. Topics addressed by the contributors include human rights in post-conflict situations, democratizing crisis management, restorative responses to human rights violations by peacemakers, and human security in Serbia and Africa. Although many of the contributions to the book focus on mainstreaming human security in the EU context, the chapters discuss global issues and draw conclusions which are of relevance all over the world.

Select Contents: Introduction Part 1: Mainstreaming Human Security in Peace Operations and Crisis Management 1. Human Security Mainstreaming in United Nations and European Union Crisis Management Operations: Policies and Practice, Wolfgang Benedek 2. Neutrality and Impartiality in Implementing Human Rights: A Framework for Measuring Human Security, Andrej Zwitter Part 2: Mainstreaming Human Security in United Nations Peace Operations 3. Institutionalizing Human Rights in UN Peacekeeping Operations: Critique of the Status Quo – and a Call for a Human Rights Law Post Bellum, Sylvia Maus 4. Restorative Responses to Human Rights Violations by Peacekeepers: Enhancing Human Security? Paul Redekop 5. Human Security and Security Sector Reform: Conceptual Convergences in Theory and Practice, Fairlie Chappuis 6. Operationalization through Training: Human Security Training and Education for Peacebuilding, Arno Truger Part 3: Mainstreaming Human Security in the European Security and Defence Policy 7. The European Way of Promoting Human Security in Crisis Management Operations: A Critical Stocktaking, Markus Möstl 8. Six Years of Mainstreaming Human Rights into ESDP: A Success Story? Hadewych Hazelzet 9. The Civilian Response Team of the European Union: A European Contribution to Operationalizing Human Security in International Crisis Management? Irene Kaufmann Part 4: Case Studies in Mainstreaming Human Security 10. Operationalizing Human Security in Societies in Transition: A Case Study of Serbia, Dragana Dulić 11. From State to Human Security: Institutionalizing and Operationalizing Human Security in Africa, Mohammud A. Hussien Part 5: Conclusions A Roadmap towards Mainstreaming Human Security, Wolfgang Benedek, Matthias C. Kettemann and Markus Möstl


Forthcoming in 2012

State Terrorism and Human RightsInternational Responses since the Cold WarPaul Wilkinson, University of St. Andrews, UKSerieS: political violence

This book looks at the use of state terror against civilian populations since the end of the Cold war, and the international community’s responses to this.

Select Contents: 1. Concept and Typology of Regime Terror 2. Regime Terror as a Political Weapon in Modern History 3. Trends in the use of Terror by States since the End of the Cold War 4. Obstacles to International Action against State Terror in the Post-Cold War International System 5. The Case of Saddam Hussein’s Terror against the Kurds and the International Response 6. Indonesian Terror against East Timor Separatists and the International Response 7. The Use of State Terror in Former Yugoslavia and the International Response 8. Terror in Rwanda in 1994 and the Failure of International Response 9. Conclusions: Towards a More Effective International Response to State Terror, based on Democratic Principles and the Protection of Human Rights. Bibliography. Index


Forthcoming in 2012

Human Security and International LawThe Role of the United NationsEmma McClean, University of Westminster, London, UKSerieS: routledge StudieS in human SecuritY

This book evaluates how far the UN has embraced human security as a policy agenda and explores its relevance for international law.

Select Contents: Introduction 1. Mapping Human Security 2. We the Peoples: Human Security in Historical Perspective 3. Towards a Life in Larger Freedom: Human Security and the UN 4. Securing Humanity: A Role for UN Human Rights Law 5. Human Security, Intervention and the Responsibility to Protect 6. Human Security, the Rule of Law and the UN Institutional Architecture. Conclusion: Towards a UN Human Security Framework? Bibliography

January 2012: 234 x 156: 208pphb: 978-0-415-67851-3: $130.00For more information, visit: www.routledge.com/9780415678513

Forthcoming

Private Maritime Security in the 21st CenturyMarket Responses to Piracy, Terrorism and Waterborne Security RisksEdited by Patrick Cullen, Institut Barcelona D’Estudis Internacionals, Spain and Claude Berube, United States Naval Academy, USASerieS: caSS SerieS: naval policY and hiStorY

This book examines the evolution, function, problems and prospects of private security companies in the maritime sector.

Select Contents: Foreword Rear Admiral (Ret.) Terence McKnight 1. Introduction: The Post-Cold War Growth of Maritime Private Security Patrick Cullen and Claude Berube Part I: Historical and Contemporary Market in Maritime Private Security Services 2. History of American Use of Private Maritime Actors from the American War of Independence to the 21st Century James Carafano 3. The Rise of the Market in Privatized Maritime Security Services Patrick Cullen 4. New Roles for Private Security at Sea? Limitations and Opportunities for Maritime Private Security Christopher Spearin Part II: The Emergence of Privatized Anti-Piracy Escorts in the Commercial Sector 5. Commercial Anti-Piracy Escorts in the Malacca Straits Caroline Liss 6. Private Security at Sea: A Customer’s Perspective Gordan van Hook 7. Anti-Piracy Escorts in the Gulf of Aden: Problems and Prospects Claude Berube 8. Legal Considerations for Private Naval Company Armed Anti-Piracy Escorts Mark Tempest Part III: The Privatization of Coast Guard Services 9. Privatizing the Coast Guard in War-Torn Sierra Leone Patrick Cullen 10. Private Security and Somaliland: Creating a Navy for a Quasi-State Stig Jarle Hansen 11. Private Security Fighting Pirates and Illegal Fishing in Puntland Christopher Kinsey 12. Private Security in the Gulf of Guinea: Securing the Off-Shore Oil Industry Roger Hawkes Part IV: Private Security Responses to Maritime Terrorism 13. The Risk of Maritime Terrorism and the Emerging Market for Private Naval Companies Peter Chalk 14. Private Risk Consulting in the Maritime Sector Elke Krahmann 15. Integrating Private Security into Port Security in a Post-9/11 Environment Bill DeWitt 16. Legitimate Security Actors or Criminal Vigilantes? Environmental Action from Greenpeace to Sea Shepherds Howard Ernst 17. Conclusion: The Future of Private Security at Sea Patrick Cullen and Claude Berube




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The Evolution of the Responsibility to ProtectImperfect Duties?Edited by Brett O’Bannon, DePauw University, USA and John Roth, Claremont McKenna College, USASerieS: global politicS and the reSponSibilitY to protect

This book’s primary objective is to examine the evolution of the Responsibility to Protect (R2P) norm, and to analyze the ‘fit’ between the R2P and Africa.

Select Contents: Preface Gareth Evans. Introduction Brett O’Bannon and John K. Roth. Part 1: Political, Legal, and Ethical Challenges for R2P 1. Understanding the Gap between the Promise and the Reality of ‘The Responsibility to Protect’ David Chandler 2. Why the Responsibility to Protect (R2P) as a Doctrine or (Emerging) Norm Is on the Decline: Principles, Pragmatism, and International Relations Jeremy Sarkin 3. The Responsibility to Protect and the Limits of International Authority Anne Orford 4. Crying Out for Action: Do the Dead Say Anything about the Responsibility to Protect? John K. Roth Part 2: Situating R2P in the African Topography 5. R2P in the DR Congo: The Failure of Intervention Séverine Autesserre 6. UN Peacekeeping in Post-conflict Southern Sudan: Protecting Whom and to What End? Carol Berger 7. Endemic Conflicts and Intervention in the Horn of Africa: Implications of the End of the Cold War Assefaw Bariagaber 8. Africa: Implications of Statelessness for a State-centric Human Protection Norm Brett O’Bannon 9. Conclusion Karen AbuZayd. Bibliography

August 2011: 234 x 156: 208pphb: 978-0-415-66757-9: $130.00For more information, visit: www.routledge.com/9780415667579

Maritime SecurityInternational Law and Policy Perspectives from Australia and New ZealandEdited by Natalie Klein, Macquarie University, Australia, Joanna Mossop, Victoria University of Wellington, New Zealand and Donald R. Rothwell, The Australian National University, AustraliaThis volume identifies those issues that affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics. The book also addresses considerations in the Pacific, Asian and Antarctic regions.

Select Contents: 1. Australia, New Zealand and Maritime Security, Natalie Klein, Joanna Mossop, Donald R. Rothwell 2. Maritime Security and the Law of the Sea, Donald R. Rothwell, Natalie Klein 3. Australia’s Traditional Maritime Security Concerns and Post 9/11 Perspectives, Donald R. Rothwell, Cameron Moore 4. Maritime Security in New Zealand, Joanna Mossop 5. Whose Security is it and How Much of it do We Want? The US Influence on the International Law against Maritime Terrorism, Shirley V. Scott 6. New Zealand and Australia’s Role in Improving Maritime Security in the Pacific Region, Sam Bateman and Joanna Mossop 7. Maritime Security and Shipping Safety in the Southern Ocean, Karen N. Scott 8. Counter-Terrorism and the Security of Shipping in Southeast Asia, Caroline Foster 9. Maritime Security and Oceans Policy, Peter Cozens 10. Act of State Doctrine in the Antipodes: The Intersection of National and International Law in Naval Constabulary Operations, Cameron Moore 11. The Protection of Platforms, Pipelines and Submarine Cables under Australian and New Zealand Law, Stuart Kaye 12. Maritime Domain Awareness in Australia and New Zealand, Chris Rahman 13. Intelligence Gathering and Information Sharing for Maritime Security Purposes under International Law, Natalie Klein 14. Maritime Security in the Twenty-First Century: Contemporary and Anticipated Challenges for Australia and New Zealand, Donald R. Rothwell


International Intelligence Cooperation and AccountabilityEdited by Hans Born, Geneva Centre for the Democratic Control of Armed Forces, Switzerland, Ian Leigh, Durham University, UK and Aidan Wills, Geneva Centre for the Democratic Control of Armed Forces, SwitzerlandSerieS: StudieS in intelligence

This book examines how international intelligence cooperation has come to prominence post-9/11 and introduces the main accountability, legal and human rights challenges that it poses.

Select Contents: Foreword Helga Hernes Part 1: Introduction 1. Accountability and Intelligence Cooperation: Framing the Issue Ian Leigh 2. International Intelligence Cooperation in Practice Richard Aldrich Part 2: Challenges 3. Blacklisting and Financial Sanctions against Suspected Terrorists Iain Cameron 4. The Collateral Casualties of Collaboration: The Consequences for Civil and Human Rights of Transnational Intelligence Sharing Craig Forcese 5. Rendition, Torture and Intelligence Cooperation Silvia Borelli 6. Intelligence Cooperation in International Operations: Peacekeeping, Weapons Inspections, and the Apprehension and Prosecution of War Criminals Simon Chesterman Part 3: Oversight and Review 7. National Oversight of International Intelligence Cooperation Philippe Hayez 8. Fit for purpose? Accountability Challenges and Paradoxes of Domestic Inquiries Andrea Wright 9. International responses to the accountability gap: European inquiries into illegal transfers and secret detentions Hans Born and Aidan Wills Part 4: The Role of Law 10. National Courts and Intelligence Cooperation Ian Leigh 11. International Law: Human Rights Law and State Responsibility Martin Scheinin and Mathias Vermeulen Part 4: Conclusion 12. International Intelligence Cooperation and Accountability: Formidable Challenges and Imperfect Solutions Aidan Wills and Hans Born

January 2011: 234 x 156: 336pphb: 978-0-415-58002-1: $130.00ebook: 978-0-203-83173-1For more information, visit: www.routledge.com/9780415580021

Critical Perspectives on the Responsibility to ProtectInterrogating Theory and PracticeEdited by Philip Cunliffe, University of Kent, UKSerieS: routledge StudieS in intervention and Statebuilding

This edited volume critically examines the widely supported doctrine of the ‘Responsibility to Protect’, and investigates the claim that it embodies progressive values in international politics.

Select Contents: Introduction Philip Cunliffe Part 1: The Responsibility to Protect: History and Politics 2. The Skeleton in the Closet: The Responsibility to Protect in History Noam Chomsky 3. Understanding the Gap between the Promise and Reality of the Responsibility to Protect David Chandler 4. The Responsibility to Protect and the End of the Western Century Tara McCormack Part 2: The Responsibility to Protect: International Law and Order 5. A Dangerous Duty: Power, Paternalism and the Global ‘Duty of Care’ Philip Cunliffe 6. Responsibility to Peace: A Critique of R2P Mary Ellen O’Connell 7. The Responsibility to Protect and International Law Aidan Hehir Part 3: The Responsibility to Protect in Africa 8. The Irresponsibility of the Responsibility to Protect in Africa Adam Branch 9. Responsibility to Protect or Right to Punish? Mahmood Mamdani


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Transitional Justice, Peace and AccountabilityOutreach and the role of international courts after conflictJessica Lincoln, King’s College, London, UKSerieS: contemporarY SecuritY StudieS

The book looks at the outreach and communication strategies employed by internationalised courts to try to understand the wider impact of international justice.

Select Contents: Introduction 1. International Justice: from Nuremberg to Sierra Leone 2. Sierra Leone: Conflict and Judicial Intervention 3. Establishment of the Special Court for Sierra Leone 4. Internationalised Justice for Sierra Leone 5. Outreach 6. Legacy Conclusion: transitional justice, accountability and outreach

march 2011: 234 x 156: 208pphb: 978-0-415-59839-2: $130.00ebook: 978-0-203-81727-8For more information, visit: www.routledge.com/9780415598392

Forthcoming in 2012

Democracy and InterventionJohn Macmillan, Brunel University, UKSerieS: critical iSSueS in global politicS

This book develops a systematic understanding of the conceptual, ethical, political and theoretical dimensions of intervention in an empirical/historical context. The book will focus primarily on the theory and practice of intervention as pertaining to the nexus between democracy/democracies and international society.

Select Contents: 1. Introduction A. Concepts and Debates 2. The Conceptual Bases of Intervention & Non-Intervention in International Society 3. The Ethics of Intervention 4. Intervention as Governance B. Continuity and Change in the History of Democratic State Intervention 5. Intervention between the Powers: Revolution and Post-War Reconstruction 6. The Imperial Age: Competition, Capital and Conscience in the Expansion of the European system 7. The Cold War: The Defence of Interests in the Age of Nationalism and Ideological Contest 8. The 1990s: The Humanitarianism Moment 9. The 2000s: Terror and Regime Change C. Intervention and Governance in the Global Political System 10. Humanitarianism and Human Rights: The Use of Force Reviewed 11. Terror: The Use of Force Reviewed 12. Conclusions


Forthcoming

Environmental Security in the Arctic OceanPromoting Co-operation and Preventing ConflictPaul Arthur Berkman, University of Cambridge, UKThis book proposes environmental security as providing a framework to mitigate the risks of the Arctic’s shift from an ice cap to a seasonally ice-free and, so far, ungoverned space.

This book was published as a special issue of Whitehall Papers.

Select Contents: Foreword Admiral James Stavridis 1. Environmental Security in the Arctic Ocean: Fostering Co-operation and Preventing Conflict 2. The Arctic Ocean 3. Beyond National Boundaries 4. Matters of Security 5. Arctic Ocean Stewardship 6. Global Statesmanship

September 2011: 234 x 156: 160pphb: 978-0-415-61744-4: $125.00Pb: 978-0-85516-153-8: $45.95For more information, visit: www.routledge.com/9780855161538

Serving the Rule of International Maritime LawEssays in Honour of Professor David Joseph AttardEdited by Norman A. Martínez Gutiérrez, IMO International Maritime Law Institute, MaltaInternational maritime law is far from inert, everyday international affairs constantly test existing law and, in many occasions, require its development. The collection contains innovative studies on current issues and events that are testing the present state of international maritime law.

The book is intended as a Festschrift to Professor David Attard and celebrates his career in international law. This work represents a close collaboration amongst many practitioners and academics involved in the field of international maritime law including Judge Helmut Tuerk, Francis Reynolds, William Tetley Q.C. and Patrick J.S. Griggs.

Select Contents: Part 1: General 1. IMO: 60 Years in the Service of Shipping, H.E. Mr Efthimios E. Mitropoulos 2. New European Maritime Policy for Cleaner Oceans and Seas, Marko Pavliha 3. Protection of International Watercourses, Malgosia Fitzmaurice 4. Criminal Sanctions in relation to Ship-Source Pollution, Bernard Vanheule Part 2: The Law of the Sea 5. Malta, Maine and Beyond: Trends in the Theory and Practice of Maritime Boundary Delimitation, Charles Norchi 6. A Legal and Practical Arrangement of Disputes Concerning Maritime Boundaries Pending Their Final Solution and Law Enforcement - From a Japanese Perspective, Atsuko Kanehara 7. Bioprospecting, Marine Scientific Research and the Patentability of Genetic Resources, Andree Kirchner 8. Marine Scientific Research and the Right to Lay Submarine Cables and Pipelines: Differences in Regime, Umberto Leanza 9. A New Advent for Renewable Offshore Resources, Ivan Vella 10. The Idea of the Common Heritage of Mankind, Helmut Tuerk 11. Correlative Concepts of the Common Heritage and the Present Euro-Mediterranean Context, Peter Serracino-Inglott 12. Extension of Coastal State Jurisdiction in the Mediterranean: ‘Quasi EEZs’ or Real ‘Sui Generis’ Zones?, Mitja Grbec 13. Lo Stretto di Hormuz e le Minacce al Regime Internazionale di Transito, Admiral Fabio Caffio 14. The Fight against Piracy and Armed Robbery against Ships off the Coast of Somalia: International Cooperation Illustrated, Patricia Mallia Part 3: Shipping Law 15. Hague, Visby, Hamburg and Rotterdam: A Maritime Tour of Northern Europe, Francis Reynolds 16. A Summary of Some General Criticisms of the UNCITRAL Convention (The Rotterdam Rules), William Tetley 17. UNCTAD and its Role in Regulation of Liability for Carriage of Goods by Sea and Multimodal Transport, Mahin Faghfouri 18. Operation of a Ship’s Hatch Covers: Allocation of Responsibility under a Charterparty Agreement, Norman A. Martinez Gutierrez 19. The Maritime Labour Convention 2006: A Major Step Forward in Maritime Law, Reto Dürler 20. Maritime Security Vis-à-Vis Fair Treatment of Seafarers – A Conundrum in the Development of International Maritime Law, Frank Wiswall Jr 21. Influence of the Torrey Canyon Incident on the Liability and Compensation Regimes Developed under the Auspices of the International Maritime Organization, Gaetano Librando 22. Dispute Resolution in Oil Pollution Cases – Are There Alternatives to Litigation in National Courts?, Måns Jacobsson 23. International Maritime Law - Developing a Comprehensive Third Party Liability Convention, Patrick J.S. Griggs 24. Places of Refuge – Environmental Salvage, Archie Bishop 25. Implementation of the Arrest Convention, Ignacio Arroyo 26. Good Faith and the Duty of Disclosure in Marine Insurance Law, Ping-Fat Sze




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Forthcoming

Sri Lanka and the Responsibility to ProtectPolitics, Ethnicity and GenocideDamien Kingsbury, Deakin University, AustraliaSerieS: global politicS and the reSponSibilitY to protect

This book is about the issues and challenges facing the implementation of the Responsibility To Protect principle in the case of Sri Lanka, where the Tamil Tigers have been fighting to create a separate state.

Select Contents: 1. The Meaning and Application of R2P 2. Politics and Ethnicity 3. The War in Sri Lanka 4. Competing Nationalisms 5. Total War 6. Cultural Dominance or Cultural Genocide? 7. Sri Lanka and International Law 8. Sri Lanka’s Opposition to R2P 9. Geo-Strategic Factors, R2P and Sri Lanka. Conclusion


Governance through DevelopmentPoverty Reduction Strategies, International Law and the Disciplining of Third World StatesCeline Tan, University of Birmingham, UKSerieS: law, development and globalization

Governance Through Development locates the Poverty Reduction Strategy Paper framework within the broader context of international law and global governance; exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it.

Select Contents: 1. Introduction 2. PRSPs in Postcolonial International Law and Global Governance 3. PRSPs and the Crisis of Legitimacy in the International Order 4. Ownership as Conditionality: PRSPs and the Evolution of Conditional Financing 5. Reforming the Nation State: PRSPs and Rehabilitated Adjustment 6. Redesigning the Political Project: Discipline and Legitimation through Participatory Policymaking 7. Consolidation and Conclusion: PRSPs, Transnational Governance and Globalized Legal Regimes

February 2011: 234 x 156: 288pphb: 978-0-415-49554-7: $125.00ebook: 978-0-203-83458-9For more information, visit: www.routledge.com/9780415495547

Forthcoming

Law and Negotiating Power in Foreign InvestmentShades of Grey in the Shadow of the LawLorenzo Cotula, International Institute for Environment and Development (IIED), UKSerieS: routledge reSearch in international economic law

This book explores how the law protects the different and competing interests that are brought into contact by foreign investment projects in Africa. The book analyses the negotiating power between different holders of legally protected rights such as investors, local people affected by the investment, exploring whether any differences in legal protection tend to counter, or reinforce, asymmetries in negotiating power.

Select Contents: 1. Introduction 2. The conceptual framework: Property rights, negotiating power 3. Universal rights and differentiated rules: The international protection of property rights under human rights and investment law 4. Property rights and natural resource investments under national law in Africa 5. Property rights at two speeds: Contractual arrangements, standards of treatment and the dynamics of property rights 6. Conclusion


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Recognition and Regulation of Safeguard Measures Under GATT/WTOSheela Rai, Hidayatullah National Law University, IndiaSerieS: routledge reSearch in international economic law

This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. The book sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, and considers safeguards from a developing countries perspective drawing examining how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.

Introduction 1. Evolution of Safeguard Measures 2. Unforeseen Developments 3.Increase in Imports 4. Serious Injury 5. Causal Link 6. Application of Safeguard Measures 7. Procedural Requirements 8. Grey Area Measures and Special Safeguard Provisions 9.Safeguard Measures for Textiles: Product Specificity 10. Safeguard Measures under Agreement on Agriculture 11. Safeguard Measures under GATS. Concluding Thoughts


The Routledge Handbook of Terrorism ResearchEdited by Alex P. Schmid, United Nations, Terrorism Prevention Branch This major new Handbook synthesises more than two decades of scholarly

research, and provides a comprehensive overview of the field of terrorism studies.

Select Contents: 1. Introduction Alex P. Schmid 2. The Problem of Defining Terrorism Alex P. Schmid 3. Typologies of Terrorism and Political Violence Sarah Marsden and Alex P. Schmid 4. Theories of Terrorism Bradley McAllister and Alex P. Schmid 5. Databases on Terrorism Neil G. Bowie and Alex P. Schmid 6. World Directory of Extremist, Terrorist and Other Organizations associated with Guerrilla Warfare, Political Violence, Protest and Organized and Cyber-Crime Albert J. Jongman 7. Library and Internet Resources for Research on Terrorism Eric Price 8. The Literature on Terrorism Alex P. Schmid 9. Bibliography of Terrorism Gillian Duncan and Alex P. Schmid 10. Glossary and

Acronyms on Terrorism and Counter-Terrorism Alex P. Schmid

February 2011: 246 x 174: 736pphb: 978-0-415-41157-8: $195.00ebook: 978-0-203-82873-1For more information, visit: www.routledge.com/9780415411578



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The Interaction between World Trade Organisation (WTO) Law and External International LawThe Constrained Openness of WTO Law (A Prologue to a Theory)Ronnie R.F. Yearwood, University of Durham, UKSerieS: routledge reSearch in international economic law

This book examines how international economic law interacts with other bodies of international law. Using ideas and theories from other spheres including sociology, literature and art, the book develops a new way of thinking about how WTO law interacts with external international law through the conceptual framework of ‘constrained openness’.

Select Contents: 1. The Fragmented Nature of International Law 2. The Inadequacy of the Professional Tool Box of Treaty Interpretation as an Account of Fragmentation 3. The Constrained Openness of WTO Law 4. The Debate on the interaction between WTO law and external international law 5. The Precautionary Principle and the WTO Agreement on Sanitary and Phytosanitary Measures 6. Examples of Interaction between WTO Law and External International law 7. Conclusion

July 2011: 234 x 156: 272pphb: 978-0-415-56516-5: $130.00ebook: 978-0-203-80767-5For more information, visit: www.routledge.com/9780415565165

Routledge Handbook of International LawEdited by David Armstrong, University of Exeter, UK This Handbook provides a

definitive global survey of the interaction of international politics and international law.

Select Contents: Part 1: The Nature of International Law 1. Is International Law Really Law? 2. The Sources of International Law 3. ‘Hard’ and ‘Soft’ Law

in International Relations 4. Compliance Issues 5. International Law and International Society 6. Legal and Moral Norms in International Society 7. The Effectiveness of International Law 8. Theories of International Law 9. The Practice of International Law Part 2: The Evolution of International Law 10. The Classical World 11. The Era of Grotius 12. Nineteenth Century Positivism 13. Normative Change in International Society 14. Religion(s) and International Law 15. The ‘Legalization’ and ‘Institutionalisation’ of International Relations 16. Globalisation and Claims that We are Moving Towards a Cosmopolitan Rather than Inter-State Legal Community 17. The Increasing Role of Non-State Actors Part 3: Law and Power in International Society 18. Does Law Reflect or Constrain Power? 19. Law and Force in the Twenty First Century 20. American Hegemony and International Law (i) Pro 21. American Hegemony and International Law (ii) Anti 22. The Iraq War 23. Humanitarian Intervention Part 4: Key Issues in International Law 24. The Environment 25. Terrorism 26. The Laws of War 27. Human Rights 28. Trade 29. Finance 30. Intellectual Property 31. The United Nations 32. The International Court of Justice 33. Law of the Sea 34. Refugees and Migrants

January 2011: 246 x 174: 504ppPb: 978-0-415-61052-0: $57.95For more information, visit: www.routledge.com/9780415610520

Routledge Handbook of International Criminal LawEdited by William A. Schabas, National University of Ireland, Galway and Nadia Bernaz, Middlesex University, UK International criminal law

has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of

emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law.

Select Contents: 1. Introduction, William Schabas and Nadia Bernaz Part 1: Historical and Institutional Framework 2. Trial at Nuremberg, Guénaël Mettraux 3. The TokyoTrial, Neil Boister 4. The Trials of Eichann, Barbie and Finta, Joe Powderly 5. The Ad Hoc International Criminal Tribunals: Launching a New Era of Accountability, Michael P. Scharf and Margaux Day 6. The International Criminal Court, David Scheffer 7. Hybrid Tribunals, Fidelma Donlon Part 2: The Crimes 8. Genocide, Paola Gaeta 9. Crimes Against Humanity, Margaret M. deGuzman 10. War Crimes, Anthony Cullen 11. Aggression, Nicolaos Strapatsas 12. Terrorism as an International Crime, Fiona De Londras 13. Drug Crimes and Money Laundering, Robert Cryer Part 3: The Practice of International Tribunals 14. Understanding the Complexities of International Criminal Tribunal Jurisdiction, Leila Sadat 15. Admissibility in International Criminal Law, Mohamed M. El Zeidy 16. Defences to International Crimes, Shane Darcy 17. Participation in Crimes in the Jurisprudence of the ICTY and ICTR, Mohamed Elewa Badar 18. International Criminal Procedures: Trial and Appeal Procedures, Hakan Friman 19. Sentencing and Penalties, Nadia Bernaz 20. State Cooperation and Transfers, Judge Kimberley Prost 21. Evidence, Nancy Combs Part 4: Key Issues in International Criminal Law 22. The Rise and Fall of Universal Jurisdiction, Luc Reydams 23. Immunities, Rémy Prouvèze 24. Truth Commission, Eric Wiebelhaus-Brahm 25. State Responsibility and International Crimes, Eric Wyler and León Castellanos-Jankiewicz 26. International Criminal Law and Victims’ Rights, Carla Ferstman 27. Amnesties, Louise Mallinder 28. International Criminal Law and Human Rights, Thomas Margueritte 29. Conclusion, William Schabas and Nadia Bernaz


Forthcoming

Routledge Handbook of the Responsibility to ProtectEdited by W. Andy Knight, University of Alberta, Canada and Frazer EgertonThis Handbook offers a comprehensive examination of the Responsibility to Protect norm in world politics, which aims to end mass atrocities against civilians.

Select Contents: Introduction Part 1: The Concept of R2P 1. From Sovereign Responsibility to R2P 2. The Responsibility to Prevent 3. The Responsibility to React 4. The Responsibility to Rebuild 5. The Journey Within the Organisation: The Evolution of R2P and the United Nations 6. NGOs and the Normative Architecture of the Responsibility to Protect 7. The Promise and Achievements of R2P 8. The Limits of R2P Part 2: Developing and Operationalising R2P 9. The Unfinished Business of R2P 10. Who Speaks for Whom? R2P and the Question of Authority and Thresholds for Action 11. Who Should Act? Collective Responsibility and R2P 12. R2P and Natural Disasters 13. Gender & The Responsibility to Protect 14. R2P and Protecting Children in Conflict Zones 15. The Need for Leadership 16. Mobilising the Troops: Generating the Political Will to Act Part 3: The View from over Here 17. South Asia and R2P 18. R2P in the Asia Pacific 19. Latin America and R2P 20. West Africa and R2P 21. R2P and the Horn of Africa 22. R2P in the Middle East. Conclusion


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