The United Nations Convention on Jurisdictional Immunities of States and Their Property

Author: Roger O'Keefe
Publisher: Oxford University Press
ISBN: 0199601836
Format: PDF, ePub, Mobi
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Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law.

Jus Post Bellum

Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0199685894
Format: PDF, Mobi
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Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

The United Nations Convention Against Torture

Author: Manfred Nowak
Publisher: Oxford University Press, USA
ISBN: 9780199280001
Format: PDF, ePub, Mobi
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This volume provides a thorough commentary on the articles of the Convention against Torture, with historical context and analysis of relevant case law from monitoring bodie and international, regional and domestic courts.

The UN Genocide Convention

Author: Paola Gaeta
Publisher: Oxford University Press, USA
ISBN: 0199570213
Format: PDF, Docs
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The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future.

The Rights of Minorities in Europe

Author: Marc Weller
Publisher: Oxford University Press on Demand
ISBN: 9780199207626
Format: PDF, Kindle
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The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for theProtection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use ofnative languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the AdvisoryCommittee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

The Convention on Cluster Munitions

Author: Gro Nystuen
Publisher: Oxford University Press
ISBN: 0199599009
Format: PDF, Kindle
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The use of cluster munitions, which are bombs that each disperse up to several hundred of submunitions over an area of two football pitches, exploding indiscriminately, will be banned in August 2010. This Commentary describes why the Convention on Cluster Munitions was adopted and what it means in practical terms.

International Courts and the Development of International Law

Author: Nerina Boschiero
Publisher: Springer Science & Business Media
ISBN: 9067048941
Format: PDF, ePub, Docs
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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

The Chemical Weapons Convention

Author: Walter Krutzsch
Publisher: Oxford University Press
ISBN: 0199669112
Format: PDF, ePub, Mobi
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The Chemical Weapons Convention is one of the cornerstone disarmament and arms control agreements, and the only global and comprehensive disarmament treaty that is being verified by an international agency. This Commentary assesses the provisions of the Convention and its implementation, with cross-cutting chapters providing a broader analysis.

The Protection of Cultural Property in Armed Conflict

Author: Roger O'Keefe
Publisher: Cambridge University Press
ISBN: 1139460986
Format: PDF, ePub, Docs
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Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.