Transnational Terrorism and State Accountability

A New Theory of Prevention
Author: Vincent-Joël Proulx
Publisher: Bloomsbury Publishing
ISBN: 1782250387
Category: Law
Page: 378
View: 1007

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Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.

International Law in Historical Perspective

Index
Author: J. H. Jan Hendrik Willem Verzijl
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105486
Category: Law
Page: 371
View: 5252

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This volume completes the monumental, eleven-volume series, "International Law in Historical Perspective," which was published over a period of 24 years by Professor J.H.W. Verzijl (and continued after his death in 1987 by W.P. Heere and J.P.S. Offerhaus). This index volume provides insight into the series both for the uninitiated and initiated, enabling the user to access all 11 volumes (spanning a total of 6500 printed pages) quickly and easily. It contains a subject index, an index of personal names, of geographical names, of ships' names, a list of treaties, a list of international judgements and a list of international arbitrations. A list of Professor Verzijl's commentaries on the more recent jurisprudence of the International Court of Justice completes the volume.

The Juridical Nature of Unilateral Acts of States in International Law


Author: Eva Kassoti
Publisher: BRILL
ISBN: 9004300767
Category: Law
Page: 268
View: 3713

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In The Juridical Nature of Unilateral Acts of States in International Law Eva Kassoti explores the question of the legal nature of unilateral acts by focusing on their essential characteristics, namely unilateralism and the manifest intention to be bound.

State Succession to International Responsibility


Author: Patrick Dumberry
Publisher: BRILL
ISBN: 9047420667
Category: Law
Page: 540
View: 5913

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This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

Interfirm Networks

Organization and Industrial Competitiveness
Author: Anna Grandori,Professor of Organization and Management Anna Grandori
Publisher: Routledge
ISBN: 1134629907
Category: Business & Economics
Page: 336
View: 539

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This volume examines the nature of interfirm networks and their role in promoting industrial competitiveness. Where previous work in this area has tended to be descriptive, the distinguished contributors to this volume present a balanced theoretical and empirical approach to interfirm networking drawing on a variety of international case studies. Issues covered include: * The role of networks in regulating conflict and producing co-operation * The role of networks in developing knowledge and competences * Network governance and conflict intensive networks

The Law of International Responsibility


Author: James Crawford,Alain Pellet,Simon Olleson,Dr Kate Parlett
Publisher: Oxford University Press
ISBN: 0199296979
Category: Law
Page: 1296
View: 5065

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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

The Spanish Origin of International Law

Francisco de Vitoria and His Law of Nations
Author: James Brown Scott,Francisco de Vitoria
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771100
Category: History
Page: 307
View: 4699

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Scott, James Brown. The Spanish Origin of International Law. Francisco De Vitoria and His Law of Nations. London: Humphrey Milford, 1934. 19a, 288, clviii pp. Frontispiece and portrait. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-036835. ISBN 1-58477-110-0. Cloth. $90. * Francisco de Vitoria [c. 1483-1546] is widely considered to be a founder of international law. Scott holds that Vitoria's 16th century school of international law and his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix) are in fact the origin of the law of nations, which was to become the international law of Christendom and the world at large. In Vitoria's writings described herein he held that pagans had the right to freedom and property, declared slavery to be unsound, upheld the rights of Indians, questioned the Spanish conquest of the New World in the time immediately following Columbus' discovery of America which gave rise to his thesis that the community of nations transcends Christendom. Walker, Oxford Companion to Law 1279-1280.

Religion and Law in Germany


Author: Gerhard Robbers
Publisher: Kluwer Law International
ISBN: 9041133526
Category: History
Page: 382
View: 8627

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After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide.

International Law

Achievements and Prospects
Author: Mohammed Bedjaoui
Publisher: Martinus Nijhoff Publishers
ISBN: 9231027166
Category: Law
Page: 1
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The arrival of the "International Law: Achievements and Prospects" can fairly be described as a major event in international legal publishing. It has been written by international lawyers from the North, the South, the East and the West, whose differing origins and different, or even opposed, academic backgrounds have ensured that the book encapsulates and brings into focus the main forms of civilization' and the principal legal systems of the world'. The book's most distinctive feature is its international, multi-cultural and polyphonic nature. "International Law: Achievements and Prospects" aims to inform and to educate, to make the discipline of international law accessible to a very broad public, and to promote a meeting of minds on fundamental notions, key concepts, and the guiding principles of international law, over and beyond frontiers, ideologies and doctrines. In addition, it is intended to provide a framework for thought, to describe what international law is today, to specify its nature, define its purpose and show its strengths, and also to point out its weaknesses. All the contributing authors are or have been practitioners of international law. Their contributions express a global view of international law which helps to unravel the complex reality of the contemporary world. "International Law: Achievements and Prospects" has been produced under the auspices of UNESCO; its content also aspires to reflect, in some measure, the imprint of that Organization's sponsorship.

Public International Law

Contemporary Principles and Perspectives
Author: Gideon Boas
Publisher: Edward Elgar Publishing
ISBN: 0857939564
Category: Law
Page: 400
View: 8811

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'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers 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 foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.

The Nature of Customary Law

Legal, Historical and Philosophical Perspectives
Author: Amanda Perreau-Saussine,James B. Murphy
Publisher: Cambridge University Press
ISBN: 1139463217
Category: Law
Page: N.A
View: 4966

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Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

The Refugee in International Law


Author: Guy S. Goodwin-Gill,Jane McAdam
Publisher: Oxford University Press
ISBN: 0199281300
Category: Law
Page: 786
View: 379

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The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.

The Persistent Objector Rule in International Law


Author: James A. Green
Publisher: Oxford University Press
ISBN: 0191009571
Category: Law
Page: 270
View: 9875

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The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interepreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.

Peremptory International Law - Jus Cogens

A General Inventory
Author: Robert Kolb
Publisher: Bloomsbury Publishing
ISBN: 1782257268
Category: Law
Page: 320
View: 2781

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Robert Kolb, one of the leading international scholars of his generation, offers a seminal survey of the question of peremptory international law. The author analyses and systemises different questions, such as: the typology of peremptory norms beyond the Vienna Convention on the Law of Treaties; here he distinguishes between 'public order' jus cogens and mere 'public utility' jus cogens. Furthermore, what about relative jus cogens, such as regional jus cogens norms or conventional jus cogens norms? What about some consequences of jus cogens breaches in the law of State responsibility: are they themselves jus cogens? Thus, can individual war reparations be renounced by lump-sum agreements? What happens if different jus cogens norms are in conflict? Is there a difference between the scope of jus cogens in inter-State relations and its scope for other subjects of law, such as the UN and its Security Council? Is jus cogens necessarily predicated on the concept of a hierarchy of norms? What is the exact extent of the peremptory nature of some rules? Sometimes, only the core of a principle is peremptory, while its normative periphery is not. Also, in the use of force, the peremptory character of the provision is compatible with agreements falling under the recognised exceptions, such as collective self-defence. These and other unusual questions are discussed in the present book.

Universal Jurisdiction: The Sierra Leone Profile


Author: Rosolu John Bankole Thompson
Publisher: Springer
ISBN: 9462650543
Category: Law
Page: 141
View: 7471

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The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.