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The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
"In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law"--
The Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. This includes the concept of the government, the rules on recognition of and criteria for governmental status, and matters concerning the identity of governments in international organizations.
Lebanon, together with the province of Hatay in Turkey (containing Antakya) and the Golan Heights were all part of French mandate Syria, but are now all outside the boundaries of the modern Syrian state. The policies and reactions of Syria both to the loss of these territories and to the states that have either absorbed, annexed or emerged from them (Lebanon, Turkey and Israel) are the focus of Emma Jørum's book. Jørum uses the differences in policy and discourse when it comes to each of these three cases to highlight the nature of territorial dispute in the region, and the processes of state-building and nationalism more generally. Through the examination of Syria's policies concerning these lost territories, Jørum plots and analyses Syrian-Turkish, Syrian-Lebanese and Syrian-Israeli relations, explaining why some losses have been pushed to one side and others remain at the forefront in Syria's international relations and diplomacy efforts.
The essays in this volume provide a comparative study of national policies towards the United Nations. Eight cases have been selected: Algeria, Canada, France, Japan, the Netherlands, Nigeria, the United Kingdom, and the United States. Each case study details a government's historical position on the United Nations, its past, present, and possible future expectations of the organization, and UN-related issues of special interest and the circumstances behind them.
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
A reassessment of the policies of disarmament and deterrence within a broad historical and strategic context. The author argues that poison gas could still be used in a modern European conflict and that weaknesses persist in NATO's anti-chemical defences and its deterrent.