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Phillip Y. Lipscy explains how countries renegotiate international institutions when rising powers such as Japan and China challenge the existing order. This book is particularly relevant for those interested in topics such as international organizations, such as United Nations, IMF, and World Bank, political economy, international security, US diplomacy, Chinese diplomacy, and Japanese diplomacy.
This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility and their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, and circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, and its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers and students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.
This widely acclaimed and highly regarded book, used extensively by students, scholars, policymakers, and activists, now appears in a new third edition. Focusing on the theme of visions seen by those who dreamed of what might be, Lauren explores the dramatic transformation of a world patterned by centuries of human rights abuses into a global community that now boldly proclaims that the way governments treat their own people is a matter of international concern—and sets the goal of human rights "for all peoples and all nations." He reveals the truly universal nature of this movement, places contemporary events within their broader historical contexts, and explains the relationship between individual cases and larger issues of human rights with insight. This new edition incorporates material from recently declassified documents and the most recent scholarship relating to the creation of the new Human Rights Council and its Universal Periodic Review, the International Criminal Court, the Responsibility to Protect (R2P), terrorism and torture, the impact of globalization and modern technology, and activists in NGOs devoted to human rights. It provides perceptive assessments of the process of change, the power of visions and visionaries, politics and political will, and the evolving meanings of sovereignty, security, and human rights themselves.
Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law. It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed. Of special interest within this context is the responsibility of States when the alleged breach has been committed by separate legal entities, rather than the state itself. Under domestic law, entities such as state-owned enterprises (SOEs) are considered legally distinct, however the State may still be considered responsible for their actions under international law. The book addresses the relevant issues systematically, beginning with direct reference to the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International law Commission (ILC) in 2001. It then elaborates on the specifics of international investment law, based on a detailed examination of practice and case law, whilst giving due consideration to the academic debate. The result is a full, innovative take on one of the most difficult questions in investment arbitration.
The decades separating our new century from the Armenian Genocide, the prototype of modern-day nation-killings, have fundamentally changed the political composition of the region. Virtually no Armenians remain on their historic territories in what is today eastern Turkey. The Armenian people have been scattered about the world. And a small independent republic has come to replace the Armenian Soviet Socialist Republic, which was all that was left of the homeland as the result of Turkish invasion and Bolshevik collusion in 1920. One element has remained constant. Notwithstanding the eloquent, compelling evidence housed in the United States National Archives and repositories around the world, successive Turkish governments have denied that the predecessor Young Turk regime committed genocide, and, like the Nazis who followed their example, sought aggressively to deflect blame by accusing the victims themselves. This volume argues that the time has come for Turkey to reassess the propriety of its approach, and to begin the process that will allow it move into a post-genocide era. The work includes “Genocide: An Agenda for Action,” Gijs M. de Vries; “Determinants of the Armenian Genocide,” Donald Bloxham; “Looking Backward and Forward,” Joyce Apsel; “The United States Response to the Armenian Genocide,” Simon Payaslian; “The League of Nations and the Reclamation of Armenian Genocide Survivors,” Vahram L. Shemmassian; “Raphael Lemkin and the Armenian Genocide,” Steven L. Jacobs; “Reconstructing Turkish Historiography of the Armenian Massacres and Deaths of 1915,” Fatma Müge Göçek; “Bitter-Sweet Memories; “The Armenian Genocide and International Law,” Joe Verhoeven; “New Directions in Literary Response to the Armenian Genocide,” Rubina Peroomian; “Denial and Free Speech,” Henry C. Theriau