This volume was produced to celebrate the fortieth anniversary of the Israel Yearbook on Human Rights. Forty years have yielded an impressive forty annual volumes. When it was started in 1971, the Yearbook was the first of its kind anywhere in the world. It has always understood its mandate as transcending the narrow borders of the discipline of either national or international human rights. From the outset, international humanitarian law and international criminal law were understood as coming within the proper framework of the Yearbook, as were on occasion articles on diverse freedoms that may seem out of bounds to a strict interpreter of the phrase “human rights”. The present volume brings to the fore only one dimension of the Yearbook, namely essays. Twenty-five of them are collected here: twelve originally appeared in the first twenty issues of the Yearbook, and thirteen in the last twenty volumes, offering a fair cross-section of the literally hundreds of articles in the Yearbook over time, produced by authors from all over the world. Those chosen for inclusion in this Anniversary volume were felt to most impressively tap the rich lode of legal research; present insightful theses for intellectual discourse and argument; and enhance the readers’ knowledge and understanding.

Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book Progress in International Organization, Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. Progress in International Law critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.

Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter

The present volume inaugurates a new series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the Judicial Opinions of Shigeru Oda, currently Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years. The study includes a résumé and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

Following the two world wars of the twentieth century, governments decided to dispose of unwanted chemical weapons in the world's oceans. The deleterious consequences of this decision for the earth's precious marine environment are now becoming clear. As the issue of sea-dumped chemical weapons cannot be contained by borders, we will all have to deal with the adverse effects on our fragile planetary ecosystem. While states have made some efforts to address the situation, unresolved international legal issues remain. International Law and Sea-Dumped Chemical Weapons contains a systematic conceptual analysis of the international legal frameworks governing the remediation of sea-dumped chemical weapons. Where deficiencies are found in the law, legal solutions are offered. In addition, practical approaches to the problem are explored. Furthermore, the book argues that solutions to this environmental hazard rely on a holistic awareness-and acceptance-of how humanity's past actions have damaged our ecosystem. Aiming to bring about the necessary will to overcome this challenge, this volume identifies and analyses the problem, offers guidance, and provides hope to the current and succeeding generations so that we can solve the problem of sea-dumped chemical weapons and restore balance to our ecosystem.

This is one of the few books dealing with regime theory to be written from a legal point of view. Jurgielewicz's book is part of an effort to promote interdisciplinary research on the nature of the international legal order. Her work explores the concept of international regimes within the international legal order, utilizing the policy-oriented approach to international law. The study uses examples of global environmental change as models. By examining the general international law applicable to climate change and ozone layer depletion, the author attempts to explain the original need for regime formation in these areas. Next, Jurgielewicz looks at the role of regimes within international law, focusing on their formation, maintenance, source of legal obligation, and compliance mechanisms. The book concludes that regimes are present within the international legal order and play a vital role in maintaining that order. This book will appeal to students in law schools, graduate schools, or advanced undergraduate seminars covering international relations, international legal theory, international law, and international organizations.

This book examines the role of international law in securing privacy and data protection in the digital age. Driven mainly by the transnational nature of privacy threats involving private actors as well as States, calls are increasingly made for an âinternationalâ privacy framework to meet these challenges. Mapped against a flurry of global privacy initiatives, the book provides the first comprehensive analysis of the extent to which and whether international law attends to the complexities of upholding digital privacy. The book starts by exploring boundaries of international privacy law in upholding privacy and data protection in the digital ecosystem where threats to privacy are increasingly transnational, sophisticated and privatized. It then explores the potential of global privacy initiatives, namely Internet bills of rights, universalization of regional systems of data privacy protection, and the multi-level privacy discourse at the United Nations, in reimagining the normative contours of international privacy law. Having shown limitations of global privacy initiatives, the book proposes a pragmatic approach that could make international privacy law better-equipped in the digital age.

The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.