In practice and legal doctrine, little attention has so far been paid to the position of the applicant who has taken the long road to the European Court of Human Rights (Strasbourg) or a UN Human Rights Committee (Geneva) and finally won his/her case there. Does he or she see any improvement in his/her position? Does the applicant obtain real reparation? The purpose of this book is to demonstrate how individual case decisions from Strasbourg and Geneva are implemented in the national legal order. Is there a need for improving this implementation, and if so, how can such an improvement be achieved? In this volume several legal practitioners and scholars deal with the issue of the execution of human rights decisions in the national legal order from different perspectives. Emphasis is laid on the execution of Strasbourg decisions in the Dutch legal order, but solutions in other Council of Europe member states are also discussed. The book is intended for lawyers having a special interest in human rights, both at the national and international level.

Much has changed in warfare in recent years, with America now dominant on the international scene and terrorism the new enemy. In light of these changes, the need for moral grounding in military actions is a more pressing concern than ever. When it was originally published, Moral Issues in Military Decision Making reflected the concerns posed by nuclear stalemate and the lessons of Vietnam. In that highly-praised work. Anthony Hartle outlined the essential elements of the Professional Military Ethic created for American military forces. In this new edition, he reexamines the moral foundations for America's military leadership in the post-9/11 era. Considering world affairs since the first edition - the Gulf War, Bosnia, Afghanistan, Iraq, 9/11, and the emergence of the United States as an unrivaled military power - Hartle explains how these events have raised ethical issues that differ dramatically from those of the Cold War. by the war on terrorism, homeland defense, asymmetric warfare, the proliferation of American military interventions, and the UN's role in peacekeeping operations. Using meticulously analyzed case studies - twice as many as in the first edition - he considers such moral dilemmas as torture, challenging superior officers, use of overwhelming force, and responding to fire in the presence of civilian shields. In this revision, Hartle examines further the status of professional military ethics in light of current affairs, changes in the articulation of military values, and recent research. In a new chapter on human rights, he relates moral principles directly to values embedded in the Constitution and argues that overwhelming American military power cannot succeed unless it is accompanied by the moral force of the values it seeks to protect. difficulties of applying conventional laws of war and human rights doctrine in military operations. Hartle convincingly shows that national security is as much about the preservation of moral principles as it is about the protection of America's citizens and borders. His book demonstrates that the American military must continue to observe those principles in order to be effective in its primary mission.

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.