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Customary International Law on the Use of Force
by Enzo Cannizzaro, Paolo Palchetti

This book comes out at a time of grave uncertainty about the content and the very existence of international legal restraints on the use of force, in the international community as well as among legal scholars. The time is therefore ripe for an in-depth analysis on the methodological issues which constitute the basic bricks on which the legal discourse about the state of the law must be built. By offering the result of an open and frank discussion about the methodology of determining the law on the use of force “at a time of perplexity”, this timely book constitutes an invaluable contribution to legal analysis.

The Use of Force in International Law
by Tom Ruys, Olivier Corten, Alexandra Hofer

The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten’s expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

International Law between Universalism and Fragmentation
by Isabelle Buffard, James Crawford, Alain Pellet, Stephan Wittich

This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

International Law Aspects of the EU’s Security and Defence Policy, with a Particular Focus on the Law of Armed Conflict and Human Rights
by Frederik Naert

This book combines an insight into the legal aspects of operations conducted as part of the European Security and Defence Policy (ESDP) of the EU along with an analysis of the status and obligations of international organizations under international law. It then applies the findings to the law of armed conflict and human rights in relation to ESDP operations. Part I describes and analyzes the ESDP, including all 22 military and civilian crisis management operations launched up to August 31, 2009, as well as developments under the Lisbon Treaty, and briefly discusses the international law issues raised, offering a unique insight into ESDP practice and its legal aspects. Part II examines this practice in the framework of the status and obligations of international organizations under international law. It looks at the legal status and personality of international organizations and of the EU, as well as how international organizations, including the EU, are bound by international obligations. Part III extensively addresses the international law applicable to the conduct of ESDP operations, in particular the law of armed conflict and international human rights law, filling a gap in the literature. Frederik Naert received a special mention from the Jury of the 2012 Ciardi Prize for his book International Law Aspects of the EU’s Security and Defence Policy, with a Particular Focus on the Law of Armed Conflict. The Ciardi Prize is awarded annually to a substantial and original study dealing with military law, law of war or any matter connected with or related to the aforementioned.

Yearbook of International Humanitarian Law

The Italian Yearbook of International Law 2005
by Benedetto Conforti, Luigi Ferrari Bravo, Francesco Francioni, Natalino Ronzitti, Riccardo Pavoni, Giorgio Sacerdoti

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XV (2005) is organised in three main sections. The first contains doctrinal contributions including articles on the implementation of the judgments of the European Court of Human Rights; the UN Charter reform, focusing on the new Human Rights Council and Peacebuilding Commission and on environmental governance; and minority protection in Italy. This section includes also notes on current judicial and legislative developments in the field of terrorism, on criminal responsibility for cultural crimes and on the new environmental liability regime for Antarctica. In addition to the traditional surveys (ITLOS, ILC, WTO), this volume features a new survey on the ICJ. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

For more information on this yearbook please visit the website of the Italian Yearbook of International Law

The Law Against War
by Olivier Corten

The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as ‘humanitarian intervention’, ‘preventive war’ or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. ‘The law against war’, as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law.

From the Foreword by Bruno Simma
‘Corten’s book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum… Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.’

The Palestine Question in International Law
by Victor Kattan

The question of Palestine has been a pivotal one for international law ever since the foundation of the UN in 1945. It remains so today. On July 9, 2004, the International Court of Justice (ICJ) gave its advisory opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory. It ruled on some major international law questions concerning the applicability of the Geneva Civilians Convention of 1949 to prolonged occupations, as well as human rights law more generally. It confirmed the illegality of the Israeli civilian settlements established on occupied Palestinian territory and affirmed the continuing relevancy of the right of the Palestinian people to self-determination, which it considered an obligation erga omnes. The ICJ did not, however, rule on many of the international law questions pertaining to Final Status Issues which still need to be negotiated between the Israeli and Palestinian leadership if peace is to ever be accomplished in the Holy Land. In this series of essays, some of the most important questions relating to the Israel-Palestine conflict are addressed and reproduced in one complete volume, coinciding with the 60th anniversary of the creation of Israel and the demise of the British mandate of Palestine.

The International Journal of Marine and Coastal Law

Vanderbilt journal of transnational law