Suchergebnisse

Until lately, the procedure of third-party intervention before the International Court of Justice provided for by Articles 62 and 63 of the Statute of the Court had been underutilized; as a result, there was scant judicial authority and comparatively little academic discussion on its use and limitations. This situation has now dramatically changed, as three recent cases before the Court have involved claims of third-party intervention: that between Tunisia and Libya, where Malta made the request to intervene; that between Libya and Malta, where Italy was the requesting state; and, most recently, the case between Nicaragua and the United States, where El Salvador made a declaration of intervention.

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law

Studying the principal negotiating processes and law-making tools by which international law is developed, this book looks at the UN, diplomatic conferences, codification bodies, NGOs, and courts in identifying the processes, participants and instruments used in the making of international law

This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood