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| international law malcolm n. shaw: International Law Malcolm N. Shaw, 2014-09-18 This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study. |
| international law malcolm n. shaw: International Law Malcolm N. Shaw, 2014-09-18 The definitive textbook on international law, updated to reflect all case law and treaty developments. |
| international law malcolm n. shaw: International Law Malcolm N. Shaw, 2014 The nature and development of international law. International law today. Sources. International law sn muncipa law. The subjects of international law. The international protection of human rights. Individual criminal responsibility in international law. The law of the sea. |
| international law malcolm n. shaw: International Law Malcolm N. Shaw, 2017-09-14 The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments. |
| international law malcolm n. shaw: International Law Phillip R. Trimble, 2002 The focus of this law school casebook is on constitutional law as it relates to the conduct of foreign relations, primarily with that subfield dealing with the separation of powers. Foreign relations law refers to the rules, principles, practices and procedures which structure the formation and execution of U.S. foreign policy, including it's participation in international law and institutions. |
| international law malcolm n. shaw: International Law Malcolm N. Shaw, 2008-11-13 Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers. |
| international law malcolm n. shaw: Reparations for Victims of Armed Conflict Cristián Correa, Shuichi Furuya, Clara Sandoval Villalba, Clara Sandoval, 2020-12-17 Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law. |
| international law malcolm n. shaw: Title to Territory in Africa Malcolm Nathan Shaw, 1986 The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory. |
| international law malcolm n. shaw: Shaping Foreign Policy in Times of Crisis Michael P. Scharf, Paul R. Williams, 2010-01-11 All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch. |
| international law malcolm n. shaw: International Law Malcolm David Evans, 2014 Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law. |
| international law malcolm n. shaw: Evolving Principles of International Law Eva Rieter, Henri de Waele, 2012 This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses. |
| international law malcolm n. shaw: The International Law of the Sea Yoshifumi Tanaka, 2012-04-05 This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources. |
| international law malcolm n. shaw: Rules and practices of international investment law and arbitration Yannick Radi, 2020 International investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it. |
| international law malcolm n. shaw: The Law and Practice of the International Court Shabtai Rosenne, 1965 |
| international law malcolm n. shaw: From Bilateralism to Community Interest Ulrich Fastenrath, 2011 This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfills in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law. As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work. |
| international law malcolm n. shaw: Self-Determination in International Law, Quebec and Lessons Learned Anne Bayefsky, 2021-11-15 The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts? |
| international law malcolm n. shaw: International Law David Pataraia, 2021-11-29 International Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. Featuring cases, materials, and illustrative figures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics include the law of treaties, international organisations, the international protection of human rights, responsibility in international law, jurisdiction, diplomatic and consular law, territory in international law, the law of the sea, international air and space law, international economic law, international environmental law, and international humanitarian law. This comprehensive textbook will be essential reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular area of international law before exploring further. |
| international law malcolm n. shaw: The Oxford Handbook on the Sources of International Law Samantha Besson, Jean D'Aspremont, Sévrine Knuchel, 2017 This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law. |
| international law malcolm n. shaw: The acquisition of territory in international law R. Y. Jennings, 2017-06-01 Originally published by Manchester University Press in 1963, this book is now regarded as a classic of international law literature. Jennings examines the major issues relating to the acquisition of territory in a stimulating and elegant manner, providing a sense of the critical relationship between law and politics on the international scene - vital if law is to be practiced and interpreted correctly. This reissue features a new introduction by Marcelo G. Kohen of the Graduate Institute of International and Development Studies, Geneva, contextualising the work and discussing its continued relevance to students of international law and international lawyers themselves. He is one of the leading experts on questions of acquisition of territory, having been involved in numerous territorial disputes before the International Court of Justice. |
| international law malcolm n. shaw: International Law: A Very Short Introduction Vaughan Lowe, 2015-11-26 Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation. |
| international law malcolm n. shaw: The Settlement of Disputes in International Law John Greenwood Collier, Vaughan Lowe, 2000 In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed.--Jacket. |
| international law malcolm n. shaw: Brownlie's Principles of Public International Law James Crawford, Ian Brownlie, 2019 Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. |
| international law malcolm n. shaw: Reservations to Human Rights Treaties and the Vienna Convention Regime Ineta Ziemele, Deutsches Institut Fur Menschenrechte, 2013-11-09 There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers. |
| international law malcolm n. shaw: The Oxford Handbook of International Law in Asia and the Pacific Simon Chesterman, Hisashi Owada, Ben Saul, 2019-09-12 The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order. |
| international law malcolm n. shaw: British Contributions to International Law, 1915-2015 (Set) Jill Barrett, Jean-Pierre Gauci, 2020-12-15 The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature. The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it. Please also see the following related titles: - British Influences on International Law, 1915-2015 - The Role of Legal Advisers in International Law |
| international law malcolm n. shaw: Legal Personality in International Law Roland Portmann, 2010-08-26 Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality. |
| international law malcolm n. shaw: The Law of Nations; Or, Principles of the Law of Nature : Applied to the Conduct and Affairs of Nations and Sovereigns. By M. de Vattel ... Translated from the French Emerich de Vattel, 1792 |
| international law malcolm n. shaw: International Law Legal Research Anthony S. Winer, Mary Ann E. Archer, Lyonette Louis-Jacques, 2013 This concise yet comprehensive book is designed to be accessible for the beginner as well as useful for those with more experience. For students, the book can serve as enrichment for a doctrinal course in international law or as the basis for a stand-alone course in international law research. To allow for self-evaluation, the book includes frequent review questions to help assure retention. For practitioners new to the international area, each type of search tool and search strategy is covered in detail with explanations to provide background comprehension. This book is part of the International Legal Research Series, edited by Mark E. Wojcik, The John Marshall Law School. [T]his new text is essential even if it cannot record every new database development. In fact, the best format for a text such as this one is indeed print. This title is not a brief one off taste of the subject but rather a comprehensive, detailed treatment. The quality of the content will stand the test of time. ...The text provides an excellent framework for new students to learn international legal research and for more seasoned legal researchers to hone their skills or fill gaps where necessary. ...The reader will want to pay special attention to Lyonette Louis-Jacques' Additional Resources and General Bibliographic References at the conclusion of each chapter. Her concise lists of sources should be part of every international legal researcher's toolkit. ...Most valuable of all, this text will give students the necessary context to understand what they are researching and why. This context is all too often lost in today's world of instant information. -- Anne Abramson, International Law Prof Blog Given the increasing importance of public international law to U.S. legal practice, I also believe this book to be of great value to all law librarians (and at $35 I recommend every law librarian purchase a desk copy), especially the new breed of entry-level FCIL librarians who yearn for a training manual. No doubt I will read and reread this text until its dog-eared pages fall apart in my hands...I am now also indebted to Winer, Archer, and Louis-Jacques for helping me contextualize my growing knowledge of research sources and methods by connecting them to the historical evolution of international law. International Law Legal Research is particularly good at explaining treaties and customary international law and the related research processes in a useful and memorable way...The purpose of this book is to support those who need to complete public international law research for moot court, for scholarly research, or to handle a client's legal problem, and it is an excellent resource for those situations. As the first volume in the Carolina Academic Press International Legal Research Series, it sets a high bar for clarity, brevity, and utility. I am excited to see what other offerings may follow. --Catherine A. Deane, Foreign and International Law Librarian and Lecturer in Law, Vanderbilt Law School |
| international law malcolm n. shaw: Recourse to Force Thomas M. Franck, 2009-03-19 The United Nations Charter in 1945 prohibits all use of force by states except in the event of an armed attack or when authorized by the Security Council. Although the Charter is very hard to amend, its drafters agreed that it should be interpreted flexibly by the UN's principal political institutions and the text has undergone extensive interpretation. This book relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice. |
| international law malcolm n. shaw: Secession Marcelo G. Kohen, 2006-03-21 This book is a comprehensive study of secession from an international law perspective. |
| international law malcolm n. shaw: Islamic International Law Khaled Ramadan Bashir, 2018-10-26 Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text. |
| international law malcolm n. shaw: Self-Determination and Secession in International Law Christian Walter, Antje von Ungern-Sternberg, Kavus Abushov, 2014-06-05 Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea. |
| international law malcolm n. shaw: The Use of Force and International Law Christian Henderson, 2023-11-09 Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces. |
| international law malcolm n. shaw: Recognition in International Law Stefan Talmon, 2021-10-18 The bibliography lists the literature and State practice on the question of recognition in international law for the last two hundred years. It contains books and articles, ie. contributions to journals and other collected works such as Festschriften and Encyclopaedias, as well as (published and unpublished) theses, pamphlets, compilations of diplomatic documents and case notes. As many of the monographs on recognition in international law will not be available in all libraries, book reviews have been included in the bibliography in order to enable the user to decide whether it may be advisable to order a certain work by inter-library loan. Its 4,500 entries are arranged systematically according to subject categories in fourteen main sections. Each main section is further subdivided with ever-increasing specificity into sub-sections on codification, codification attempts, general studies, studies of certain recognition questions and studies of specific recognition cases. The bibliography employs a broad meaning of recognition. It is not restricted to the question of status of an authority or entity in international law but encompasses also the question of relations with it. As many of the recognition cases must be considered, and can only be understood, against their historic, political and sometimes even economic background, the bibliography includes not only purely legal treaties but also publications of a primarily historical, political or economic content which incidentally deal with aspects of recognition in international law. This is reflected by the titles of the 730 journals from more than 50 countries in 20 different languages which have been used to compile the bibliography. The bibliography contains both an author and a comprehensive subject index to enable users to locate works of a particular writer or a specific problem. |
| international law malcolm n. shaw: State Responsibility in the International Legal Order Katja Creutz, 2020-09-24 State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing. |
| international law malcolm n. shaw: Principles of International Criminal Law Gerhard Werle, Florian Jessberger, 2014 Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. |
| international law malcolm n. shaw: International Law Valerie Epps, 2013 The fifth edition of this widely used textbook combines narrative explanatory sections that set forth the basic law together with cases, treaties, international documents, questions and problems. Epps focuses on the central problems of international law and how it operates and encourages students to work through a number of questions and problems that are presented in a variety of international contexts. The book's coverage is comprehensive, including recent materials and cases on sources, treaties, jurisdiction, immunities, extradition, the law of the sea, environmental law, international courts and tribunals, the status of international entities, human rights, international criminal law, terrorism, and the laws of war. There is also a set of power point slides to accompany the text distributed free to any faculty member who adopts the book for a course. Faculty will find that the questions posed after every case, or other materials, provide a very useful template for getting students to focus on the essential meaning and implications of the cases and materials. The problems are designed to test students¿ abilities to combine what they have learned throughout a chapter to come up with a comprehensive answer. |
| international law malcolm n. shaw: The International Legal Status of the Republic of China Hungdah Chiu, 1992 |
| international law malcolm n. shaw: Epidemics and International Law Shinya Murase, Suzanne Zhou, 2021-11 This volume provides a comprehensive examination of epidemics and international law from the perspective of general international law. Featuring thirty-one essays by researchers from around the world and from various areas of expertise, it demonstrates how epidemics shape - and are shaped by - international legal norms across varying domains of international law. This volume is the product of collaborative work conducted between August 2020 and April 2021 as part of the Centre for Studies and Research on Epidemics and International Law. |
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