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International law is a system; its environment is the field of international relations. Although the wordsystemis often used generically, it has a formal meaning in "general systems theory," an interdisciplinary methodology that grew out of cybernetics research in the 1970S. Since then, general systems theory has proved to be a significant heuristic in hundreds of disparate research areas. In describing international law from the viewpoint of an autopoietic system (to be defined shortly), this article intends not just to reexamine the foundations of international law but also to help litigators and negotiators make their international-law arguments sounder and more persuasive.

A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Tables and figures -- Preface -- Abbreviations -- 1. Introduction -- Bringing the two fields together -- Defining the criminal offence -- The scope of international human rights law -- 2. An international human rights law approach -- Subjects and violations -- Applying international human rights law to criminalization -- Anote on human rights and human duties -- Summary -- 3. Rights in criminal theory -- Use of rights in criminal theory - Feinberg's welfare interest rights -- Challenges with welfare interest rights -- Rights, wrongfulness, and harm -- Further notions of rights - continental legal theory -- Summary -- 4. Crime and criminalization obligations in international human rights law -- The general security of person obligation -- The specific crime prevention obligation -- The general crime investigatory obligation -- Summary -- 5. Criminalization in human rights treaties -- Criminalization obligations in human rights treaties -- ICERD Article 4 -- CAT Article 4 -- OP-CRC-AC Article 4 and OP-CRC-SC Article 3 -- CPED Articles 4 and 25 -- Lessons from human rights treaty-based criminalization -- Summary -- 6. Criminalization in human rights cases -- Direct negative and positive criminalization cases -- Conviction cases -- Investigatory and procedural obligation cases -- Criminalization cases - acts and rights -- Criminalization cases - outcomes -- Summary -- 7. Reasoning in criminalization cases -- Societal interests -- Autonomy -- Harm and offense -- Community consensus -- Human dignity -- Other grounds of reasoning -- Criminal theory concepts -- ECHR structural principles -- Paternalism and vulnerability -- Links between grounds of reasoning -- Summary -- 8. Differences between criminal theory and an international human rights law approach.

Provides a clear account of the main substantive and procedural aspects of international criminal law. Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses: the historical evolution of international criminal law; the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism; the forms and modes of criminal responsibility; and the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations, and immunities

Defence date: 9 November 2016 ; Examining Board: Professor Nehal Bhuta, European University Institute (EUI Supervisor); Professor Jean d'Aspremont, University of Manchester; Professor Marco Roscini, University of Westminster; Professor Joseph H. H. Weiler, European University Institute & New York University ; This doctoral dissertation investigates the wide range of conceptualizations and categorizations that are applicable to state-sponsored cyber operations. State-sponsored cyber operations, namely recourse to cyber means by one State against another, are generally labelled 'cyber warfare'. This is neither a legal nor a prescriptive term; it reflects, however, a disproportionate focus on the realm of warfare. Avoiding hasty or overly simplistic characterizations of situations as cyber warfare is important to avoid further deterioration of their relations leading potentially to military escalation. This dissertation defines state-sponsored cyber operations according to international law and demonstrates that the majority of these incidents fall outside of the realm of (cyber) warfare and, therefore, need to be addressed separately and approached differently. Most state-sponsored cyber operations do not actually violate the prohibition of the use of force or the law of armed conflict, but rather they impinge the territorial sovereignty of the targeted States, the principle of nonintervention, or human rights. Cyber warfare is only the tip of the iceberg. An entire world lies submerged: cyber operations below the threshold of cyber warfare. While the emerged part concerning cyber warfare is well-studied and widely known, this thesis endeavours to shed light on the submerged, and arguably bigger, part that has been understudied and is less known. Parts I and II map the circumstances in which state-sponsored cyber operations violate international law. They demonstrate inter alia that most cyber operations remain under the threshold of cyber warfare, while they may constitute a breach of territorial sovereignty, the principle of non-intervention or even human rights law in most cases. Part I also analyzes the duty of diligence of third States. Part III deals with the attribution of cyber operations, analysing the attribution to the machine, to the human perpetrator, and focusing more specifically on the attribution to the sponsoring State. Part IV focuses on the consequences of an internationally wrongful cyber operation, mainly the obligations deriving from the law of State responsibility, and the remedies to address it, notably the recourse to self-defence, retorsion and countermeasures.

Intro -- Preface -- Table of Contents -- Biographical Notes of Contributors -- Introduction -- I. Challenges Posed to the International Legal Order by Unilateral Sanctions -- II. Increase in the Use of Unilateral Sanctions -- III. Changing Character of Unilateral Sanctions -- IV. Legal Response to Unilateral Sanctions -- V. The Rationale for this Study -- VI. Scope of this Study -- VII. Sanctions Imposed by the EU and Other Regional Organisations -- VIII. UN Sanctions -- IX. Parallel Sanctions -- X. Retorsions and 'Smart' or Targeted Sanctions -- XI. Countermeasures and Unilateral Sanctions -- XII. Organisation of the Study -- XIII. Hope for the Future -- 1. The Status of Unilateral Sanctions in International Law -- I. Introduction -- II. The Nature and Scope of Unilateral Sanctions -- III. The Practice of Imposing Unilateral Sanctions -- IV. Lawfulness of Unilateral Sanctions -- V. Divided Scholarly Opinion -- VI. Division Along First World and Third World Approaches -- VII. Justification of Unilateral Sanctions as Countermeasures -- VIII. Unilateral Sanctions in Customary International Law -- IX. Legal Weight of Developed and Developing Country Practice -- X. The Jurisprudence -- XI. Unilateral Sanctions with Extraterritorial Reach -- XII. Unilateral Sanctions and Human Rights -- XIII. Protection of Human Rights as Erga Omnes Obligations and Unilateral Sanctions -- XIV. Conclusions -- 2. Shades of Grey: Autonomous Sanctions in the International Legal Order -- I. Introduction -- II. The Growth of Autonomous Sanctions -- III. International Law and Sanctions -- IV. Enforcing International Peace or International Law? -- V. Where Does Sanctioning Competence Lie? -- VI. Targeted Sanctions: Towards Decentralised Law Enforcement? -- VII. The Inherent Illegality of Autonomous Sanctions -- VIII. Conclusion.

Preliminary material /Editors Issues in International Migration Law -- Nationality Law and Immigration Law /Richard Plender -- Global Migration: Current Trends and Issues /Ajay Bailey -- Migration for Employment /Ryszard Cholewinski -- Access to Social Protection for Non-Citizen Migrants: The Position of Irregular Immigrants /Gijsbert Vonk -- Capricious Games of Snakes and Ladders: The Nexus of Migration and Integration in Light of Human Rights Norms /Dora Kostakopoulou -- The Admission of Refugees /Guy S. Goodwin-Gill -- Family Reunification at the Interface of EU Law and the European Convention on Human Rights /Adam Weiss -- The Right to Leave Any Country Including One's Own /Dimitry Kochenov -- Deportation and Expulsion /Clifford Mailer -- Exceptional Duties to Admit Aliens /Alessia di Pascale -- Free Movement of Persons and Regional International Organisations /Sara Iglesias Sánchez -- The Asylum Seeker's Right to Free Legal Assistance and/or Representation in EU Law /Elspeth Guild -- Annex I: EU Immigration and Asylum Law /Editors Issues in International Migration Law -- Annex II: EU Immigration and Asylum case-law /Editors Issues in International Migration Law -- Index /Editors Issues in International Migration Law.

Jörg Kammerhofer (University of Freiburg - Faculty of Law) has posted The Pure Theory's Nomomechanics and the Structural Analysis of International Law (Jorge Emilio Núñez, Gonzalo Villa Rosas, Jorge Luis Fabra Zamora (eds), Kelsen's Global Legacy: Essays on the Legal...

This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.