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Public International Law offers both a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical founda

If a person enters an embassy or consulate and claims asylum, is there a legal obligation under international refugee law or human rights law to consider that claim and, if the requirements are satisfied, grant protection? Previous research on this question has concluded that no such obligation exists pursuant to the non-refoulement obligations in the Convention Relating to the Status of Refugees, the Convention against Torture and the International Covenant on Civil and Political Rights. However, case-law over the past decade has shifted and strengthened the reach of non-refoulement under international refugee law and human rights law. This article will demonstrate that this more recent jurisprudence provides strong grounds to argue that embassies and consulates are, in certain circumstances, obligated to consider a claim for asylum and, if the requirements are met, grant protection.

If a person enters an embassy or consulate and claims asylum, is there a legal obligation under international refugee law or human rights law to consider that claim and, if the requirements are satisfied, grant protection? Previous research on this question has concluded that no such obligation exists pursuant to the non-refoulement obligations in the Convention Relating to the Status of Refugees, the Convention against Torture and the International Covenant on Civil and Political Rights. However, case-law over the past decade has shifted and strengthened the reach of non-refoulement under international refugee law and human rights law. This article will demonstrate that this more recent jurisprudence provides strong grounds to argue that embassies and consulates are, in certain circumstances, obligated to consider a claim for asylum and, if the requirements are met, grant protection.

What is the legal status of abortion and the human fetus? In an extended analysis of mainstream arguments involving abortion and the status of 'personhood' that is often applied to the fetus, this book provides novel answers to some of the core 'pro-life' arguments in favour of recognizing fetal personhood and moral rights.

AbstractThis article focuses on the problem of wilful non‐compliance with EU law and the threat it poses of (partial) disorderly disintegration within the EU's legal order. Taking the example of migration and asylum policy following on from the 2015 migration crisis, I positdifferentiated integration (DI), which occurs through processes that are formally mediated and collective, andnon‐compliance, which is unmediated and unilateral, as alternative strategies for member states which are unwilling to accept further integrative steps. While DI does carry costs, including the risk of legal fragmentation, I argue that it is a valuable tool for pre‐empting wilful non‐compliance – a phenomenon which both exposes and compounds the normative limits of EU law and is, consequently, more corrosive of the EU's legal order. Thus, the article suggests that the EU ought to be more open to DI, especially when legislating in policy areas that are highly politicised.

Observing the current legal system and theory of America, "piercing the corporate veil" is in a state of "chaos" in both of them. How can China learn from the rule of law and the theory of "piercing the corporate veil"? How to avoid its harm and gain its benefits? Due to different national conditions and judicial systems, also differences between civil law system and common law system, and at the same time, the world is in the era of globalization, the exchange of legal culture of Chinese legal system is expanding and deepening day by day. Therefore, it is necessary to study the rule and theory of "piercing the corporate veil". This paper systematically summarizes the current situation of the rule and theory of "piercing the corporate veil" in America, explores the causes of the confusion, and puts forward some suggestions to prevent the occurrence of problems in China after transplanting this rule, which is very necessary and timely.

Civil society, the United Nations, and others are subjecting the conduct of hostilities to increasing scrutiny. But they often lack access to internal targeting data and therefore frequently render legal judgments based on the effects of attacks or assertions that particular weapons or methods of combat are inherently unlawful. This Article analyzes the historical development of key provisions of international humanitarian law (IHL) within the framework of two perennial legal debates--that between rules and standards and that between objective and subjective tests. It argues that while targeting provisions have generally reflected a balance between those two dyads, the jurisprudence of the international criminal tribunals has made IHL more "standard-like." It further argues, however, that the contemporary desire for real-time moral and legal clarity is fueling a yearning for a more objective "rule-like" approach. This Article then uses the prohibition of indiscriminate attacks as a case study and offers specific recommendations for how we might adjust the way we think about that prohibition to respond to the current legal and political environment.

The oratio is by Werner Menski of the School of Law, University of London, speaking in June this year at the University of London in a Religare Conference. Showing his distaste for fuzzy law, he argues that "moderate secularism" is not merely another fuzzy concept, but it is "super-fuzzy," and that lawyers claiming to love certainty "have a tendency to sit in judgment over matters and even pre-judge things they know little about, including legal pluralism" leading to much irritation.

Abstract
While there is a growing jurisprudence in the field of art (aesthetics) and international law, there is still space to theorise about the philosophical approach that we choose when we decide to engage the discipline as an artistic endeavour. In this article I argue that an aesthetic conception of international law can help go past the limitations imposed by rationalist accounts of legal order by thinking of it as an experience rather than a social science. This subjective shift in emphasis does not have to commit to a preordained theory of how international law is meant to look like, but rather focuses on the manner in which international lawyers engage with their discipline. I conclude by arguing that international law is not a naturally occurring phenomenon which exists in the empirical world and which we pick out by our senses – it is a human artefact constructed through our involvement with reality. This allows for many argumentative possibilities, and it is by the action of choosing these possibilities that we define the boundaries of what international law is.

On 1 January 2007 the European Union expanded to twenty seven Member States. In political terms the accession of Bulgaria and Romania is an important step in the unification of Europe, bringing the post war divisions of the continent to the end. However, it also raises questions of the future of the European Union and its unity. The sixth enlargement has been overshadowed by the economic and legal preparedness of the newcomers. The Accession Treaty makes this wave of enlargement possible; the question remains if it will be sufficient to secure smooth integration of the two least developed and poorest members of the European Union. This article provides an overview of the key provisions of the Accession Treaty. It starts with the analysis of the structure and institutional provisions of the Treaty. This is followed by parts devoted to safeguard clauses and transitional periods. Finally, the legal implications for the EU's external commitments are taken on board.

The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders

Part I. Background and foundations -- Historical and global overview of fossil fuel subsidies -- Operation and critiques of fossil fuel subsidies -- Part II. Mapping and assessing international responses to fossil fuel subsidies -- The international legal and governance framework -- Fossil fuel subsidies under the existing WTO framework -- Beyond the ASCM : fossil fuel subsidies under accession processes, preferential trade agreements, and prospects for trade law reform -- The Friends of Fossil Fuel Subsidy Reform -- International peer reviews of fossil fuel subsidies.