Suchergebnisse

The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. The Handbook aspires to be global, both legally and geographically. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law.

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states{u2019} participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL)

Analyzing the nature of complicity in international criminal law, this book provides an account of the growing attention international law pays to complicity. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

Introduction / Emmanuel De Groof and Micha Wiebusch -- The Features of Transitional Governance / Emmanuel De Groof and Micha Wiebusch -- Contextualizing Conflict-Related Transitional Governance Since 1989 / Adam Day and David M. Malone -- Constituting Transitions: Predicting Unpredictability / Christine Bell and Robert A. Forster -- No Strings Attached? : Constraints on External Advice in Internationalized Constitution-Making / Sumit Bisarya -- The gap between international legitimacy and legality of transitional regimes / Noam Wiener -- Legitimising transitional authorities through the international law of self-determination / Matthew Saul -- The End(s) of Transition / Zinaida Miller -- The Ambitions and Traumas of Transitional Governance : Expelling Colonialism, Replicating Colonialism / Vasuki Nesiah -- The Future(s) of Transitional Governance and International Law / Emmanuel De Groof and Micha Wiebusch

Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law that remains perplexing with regard to its general nature, extent, content, and implications. The continued proliferation of benefit-sharing clauses in international law can in effect be explained by its intuitive appeal as an optimistic frame. In principle, it serves to recognize, encourage, and reward in innovative ways sustainable human relations with the environment, by focusing on equity issues arising from the most intractable challenges of our time (biodiversity loss, climate change, poverty, global epidemics). Empirical evidence, however, indicates that in practice benefit-sharing rarely achieves its stated fairness and equity objectives, and actually ends up entrenching or worsening inequitable relationships, with little or no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in specific areas of international law separately, this book assesses the phenomenon both from a general international law perspective and through a comparative analysis across international environmental law, international human rights law, international health law, and the law of the sea. This analysis reveals an opportunity to advance the interpretation and practice of fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law.