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The granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.
The granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.
This unique collaboration between the top academic and practitioner monetary lawyers from around the world takes the first steps towards filling the current gap in the literature for a truly systematic text on the modern international monetary law system. It tackles all of the key issues for practitioners in the field today, drawing upon the experience of its expert contributors, many working within the most important international banking institutions. An essential purchase for all lawyers worldwide specialising in international monetary law, it will also appeal to those from other professions and disciplines with an interest in financial institutions or the international monetary system.
The errors - military, political, and not least diplomatic - in the continuing unfolding of the Yugoslav tragedy over the decade since the Fall of the Berlin Wall and the final ending of the Cold War, offer certain lessons. It had been confidently predicted that the complex, multi-national Yugoslav state created by the World War I victors at Versailles in 1919, and continued by the post-World War II peace settlements, would not long survive Marshal Tito's death. As it happened, when the moment of truth arrived the concert of Western European powers had no clear and coherent plans ready for a rational brokering of the resulting problems of State Succession, including renewed federal or confederal structures, and peaceful and orderly transfer and relocation of civil populations if fragmentation and independence were to be the immediate policy options. The rush to a 'premature' State Recognition by one or more leading Western European political players, without having any congress of Berlin-style game-plan ready to guide and direct this, may have triggered the on-rush of political and military events that led, in quick succession, to the Bosnian and then the Kosovo tragedies of the 1990s. The author, currently President of the Institut de Droit International and a jurisconsult and advisor, over the years, to international and national governmental authorities, examines consequences and challenges for International Law and Law-making, as we enter the new Millennium. Taking note of the antinomies and contradictions inherent in Classical International Law Categories like Territorial Integrity and the Self-determination of Peoples, the Non-Use-of-Force and Collective (regional) Self-Defence, the author considers, in particular, the direct conflict, in the case of both Bosnia and Kosovo, between the United Nations Charter principle of Non-Intervention and the claimed 'New' International Law principle of Humanitarian Intervention. The legally permissible modalities and structures and processes for exercise of Humanitarian Intervention, in accord with the United Nations Charter and also general International Law, are canvassed and weighed.
Can the Balkans ever become a peaceful peninsula like that of Scandinavia? With enlightened backing, can it ever make common cause with the rest of Europe rather than being an arena of periodic conflicts, political misrule, and economic misery? In the last years of the twentieth century, Western states watched with alarm as a wave of conflicts swept over much of the Balkans. Ethno-nationalist disputes, often stoked by unprincipled leaders, plunged Yugoslavia into bloody warfare. Romania, Bulgaria and Albania struggled to find stability as they reeled from the collapse of the communist social system and even Greece became embroiled in the Yugoslav tragedy. This new book examines the politics and international relations of the Balkans during a decade of mounting external involvement in its affairs. Tom Gallagher asks what evidence there is that key lessons have been learned and applied as trans-Atlantic engagement with Balkan problems enters its second decade. This book identifies new problems: organized crime, demographic crises of different kinds, and the collapse of a strong employment base. This is an excellent contribution to our understanding of the area.
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
The present book is a small introduction to the larger work to be published in small volumes, but as part of a series. The book visualizes modern Islamic law as the common law of all Muslims, a law that exists at the global level and is concerned with issues that may be found within individual states. For the details, this book is to be read. It has intentionally been kept very concise and brief. Rapid changes in the world, in the last few decades, have now created an opportunity for Islamic law to rise again. This rise of Islamic law for the new millennium will not be through the coercive power of a modern state or even through physical domination. It will come about through the rise of the Muslim Ummah meeting, participating and collaborating through cyberspace for the benefit and service of all humanity. This small book outlines and explains this dynamic framework that heralds the revival and development of this law with the help of a new methodology that has been left as a heritage by the ancestors.