Bøger i Cambridge Studies in International and Comparative Law serien

The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.

In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.

The second edition of C. F. Amerasinghe's successful book, which covers the institutional aspects of the law of international organizations, has been revised to include, among other things, a new chapter on judicial organs of international organizations, as well as a considerably developed chapter on dispute settlement. There is a rigorous analysis of all the material alongside a functional examination of the law. A brief history of international organizations is followed by chapters on, amongst others, interpretation, membership and representation, international and national personality, judicial organs, the doctrine of ultra vires, liability of members to third parties, employment relations, dissolution and succession, and amendment. Important principles are extracted and discussed, and the practice of different organizations examined.

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

The right to property is an important part of most Commonwealth constitutions. This book examines the evolution of right to property and the changing trends in their interpretation by the courts. A number of specific issues are examined closely: * Which interests are constitutionally protected as 'property'? * When does the regulation of property amount to an acquisition of property? * Are there limits on the purposes for which states may take the property of their subjects? * What are the rules regarding compensation for property? The analysis is both practical and theoretical, and it should be useful to both academic and practising lawyers.

This book is interdisciplinary and covers a wide range of academic genres. It will be of interest to international lawyers, legal historians, military historians, maritime lawyers and historians, political scientists, arbitrators and legal practitioners.

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The emergence of democracy as a legal obligation of States has important implications for the international community. Wheatley examines the contribution that international law may make to the resolution of cultural conflicts in democratic States.

This book, first published in 2002, considers why states often use transboundary resources inefficiently, looking ahead to potential resolutions.

Anthony Cullen examines the development of the 'armed conflict' concept as the lower threshold for the application of international humanitarian law, and analyses a number of contemporary developments which have affected the scope of non-international armed conflict. First published in 2009.

International environmental law has come of age, yet the global environment continues to deteriorate. This is the first comprehensive examination of international environmental litigation, combining scholarly analysis with practical discussion for an era in which the focus on environmental matters has never been greater.

This is the first book to provide a thorough international legal account of the European micro-states. Jorri Duursma examines self-determination and statehood in international law, developing a novel approach to the problems of secession and fragmentation in modern Europe and throughout the world.

Franziska Humbert analyses how the prohibition of child labour is protected under international law. Concluding that the UN and the International Labour Organization provide for weak implementation mechanisms, the work examines existing trade measures such as import bans, labeling and activities by transnational companies, and recommends a more effective regime.

This 2001 book is an attempt to deal with trusts on a comparative law basis. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.

This book deals with international law in Antarctica and the Arctic. It reviews how each region is managed by the individual legal regimes, and how the special international laws developed specifically to deal with polar problems (for instance, protection of the environment) have contributed to the development of international law.

A sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and international law. Dagan reveals the normative underpinnings of the doctrine, facilitates the prediction of legal outcomes, and supplies the necessary tools for evaluating existing legal rules.

Jolowicz's comparative study looks at civil procedure through focusing on underlying ideas of various elements of the law, the character of different systems, and the societal purposes served by civil litigation. It also considers the consequences of recent reforms in England on the future of civil litigation.