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Published under the Transnational Publishers imprint.
Published under the Transnational Publishers imprint.
A study of how states can lawfully react to malicious cyber conduct, taking into account the problem of timely attribution.
The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.
Note on sources and style
Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.
The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.
This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.
1. Use of force.