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TheAmerican Journal of International Law(AJIL) stands in dialectical tension between itsAmerican and its internationalidentities. At its founding, and in periodic reassessments on the occasion of anniversaries or changes of leadership, its editors in chief have offered their understandings of the place for thisJournalat the intersection of American and international life. One of our predecessors wrote in theJournal'ssixth decade of "a dual function, both that of laying international law material before American readers, and that of placing American viewpoints on international law before the rest of the world." Poised at the threshold of a new century, we can take this opportunity for reflection in the image of Janus on both our American (internationalist) origins and our increasingly international (yet in some senses still American) future.

"Despite recent attempts by scholars to examine the absolute prohibition of threats of force under Article 2(4) of the UN Charter, threats remain a largely un-chartered area in international law when compared with actual uses of force. Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution. Francis Grimal also addresses two other fundamental issues within the realm of threats of force that remain largely unexplored in present literature. Firstly, the interrelationship between threats of force and self-defence, would a state have to suffer an armed attack before threatening force in self-defence or could it threaten force pre-emptively? Can a state lawfully use a threat of force as a means of self-defence rather than force under the present Charter system? Finally, the book explores the point at which a state pursuing nuclear capabilities may breach Article 2(4) with particular reference to both North Korean and Iranian efforts to pursue nuclear technology.This topical book will be of great interest not only to scholars and postgraduates in international law but also to academics and students across several fields due to its interdisciplinary approach including strategic studies and international relations theories."--

Half Title -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Abbreviations -- Notes on Contributors -- Chapter 1 Introduction: Exploring the Relationship between Hard and Soft International Law and Social Change -- I Introduction -- II Overview of the Book -- Chapter 2 The Softening of Hard Law and the Hardening of Soft Law: an Extended Synopsis -- i Introduction -- ii Soft Power -- A The Phases of 'soft' Law Regimes -- B The Footfalls of Anthropocene -- iii Towards a Conclusion -- Chapter 3 Promoting Social Change through Treaties and Customary International Law: the Experience of the Inter-American Human Rights System -- i Introduction -- ii The Inter-American System -- A Structure -- B Historical Developments -- iii Illustrative Cases in the Inter-American System -- A Velásquez Rodriguez v. Honduras (1988) -- 1 Brief Factual Overview -- 2 Impact on Social Change -- B Barrios Altos v. Peru (2001) -- 1 Brief Factual Overview -- 2 Impact on Social Change -- C Mayagna (Sumo) Awas Tingni Community v. Nicaragua (2001) -- 1 Brief Factual Overview -- 2 Impact on Social Change -- D General Usón-Ramírez v. Venezuela -- 1 Brief Factual Overview -- 2 Impact on Social Change -- iv Conclusion -- Chapter 4 Children's Rights: Social Change through the Application of Hard and Soft International Law -- i Introduction -- ii Overview of International Law Pertaining to the Child -- A Convention on the Rights of the Child -- 1 History of Children's Rights and the Making of the Convention on the Rights of the Child -- 2 Ratification and Legal Status -- B Other Binding Treaties That Directly Affect Children's Rights -- C Regional Charter on Children's Rights -- D Optional Protocols to the crc -- E Soft Law Related to the crc -- 1 Rules and Guidelines -- 2 Resolutions -- 3 General Comments of the crc Committee.

The paper reviews the reasons to admit that the international treaty is a source of international private law. The research analyzes various approaches to reviewing the doctrine of private international law. The relevance of the study is determined by the problem of opposite scientific views which determine whether international treaties can be recognized as private international law sources or not. By rejecting this scientific approach, one could exclude a great number of judicial acts interpreting international treaties and resolving urgent practical issues. The author reviews Russian and international judicial institutions activity and clarifies the role of legal precedent in settling the private legal relationship.

The Asian Yearbook of International Law is produced by the Foundation for the Development of International Law in Asia (DILA) and is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. The articles are written by experts from the region and elsewhere