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SERIES INTERNATIONAL LAW THE LIBRARY OF ESSAYS IN INTERNATIONAL LAW Series Editor: Robert McCorquodale, British Institute of International and Comparative Law, UK ‘The Library of Essays in International Law…gathers some of the best essays and papers on critical international law subjects…They provide a comprehensive overview of legal developments over the period of the explosion of international law.’ Law Society Journal This series brings together the most significant published journal articles in international law as determined by the editors of each volume in the series. These articles are difficult for students and legal scholars to obtain otherwise, due to the proliferation of specialist law journals, the increase in international materials and the lack of availability of many valuable, older articles. Each volume also features new material in the form of a specially commissioned introduction, which provides an overview of the subject matter and an explanation as to why the articles have been selected. The volumes complement each other to give a clear view of the burgeoning area of international law. This series of twenty-two volumes comprises an essential resource for all law libraries and academics in the field of international law and is useful for both teaching and research at all levels. For more information on this series, including a full list of titles, contents listings and more, please visit www.ashgate.com/legalreference NEW International Legal Personality Edited by Fleur Johns, University of Sydney, Australia The Library of Essays in International Law The essays in this volume explore who or what is a ‘person’ in the international legal order and document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players. Contents: INTRODUCTION PART I: PERSONHOOD AND PERSONALITY IN INTERNATIONAL LAW: The concept of legal personality, Jan Klabbers; Personality in international law, Hans Aufricht. PART II: STATES, PEOPLES AND CITIES: The international legal personality of states: Problems and solutions, Oleg I. Tiunov; States, peoples and minorities as subjects of international law, Budislav Vukas; The city and the world, Yishai Blank. PART III: INDIVIDUALS: The subjects of the law of nations, Hersch Lauterpacht; The problem of the international personality of individuals, Marek St. Korowicz. PART IV: INTERNATIONAL ORGANIZATIONS: The legal personality of international organizations, Clarence Wilfred Jenks; International legal personality revisited, C.F. Amerasinghe; The souls of international organizations: Legal personality and the lighthouse at Cape Spartel, David J. Bederman. PART V: NON-HUMANS AND NON-STATE ACTORS: Reconceptualising international legal personality of influential non-state actors: Towards a rebuttable presumption of normative responsibilities, Karsten Nowrot; Whales: their emerging right to life, Anthony D’Amato and Sudhir K. Chopra. PART VI: POSSIBILITIES: Is the concept of the person necessary for human rights?, Jens David Ohlin; Paul Ricoeur and international law: Beyond ‘the end of the subject’. Towards a reconceptualisation of international legal personality, Janne E.Nijman; NAME INDEX. Includes 14 previously published journal articles March 2010 552 pages Hardback 978-0-7546-2828-6 £155.00 Non-State Actors and International Law Edited by Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva The Library of Essays in International Law Non-state actors play an important role in international law-making, law-adjudication and law-enforcement processes. However, little attention has been paid to the theoretical discourse about non-state actors and its relation to the doctrine of the subjects of international law. The articles collected together in this volume consider a range of issues on this subject, such as whether the solution lies in ‘relativizing’ the subjects or rather in ‘subjectivizing’ them, and contribute to the discussion to determine who may legitimately and authoritatively perform legally relevant acts on the international scene. Contributors: Hersch Lauterpacht, A. Claire Cutler, Jan Klabbers, Daniel Thürer, Janne E. Nijman, Robert McCorquodale, Steve Charnovitz, Oscar Schachter, Michael J. Struett, Kenneth Anderson, Lance Bartholomeusz, Alix Gowlland Gualtieri, Andrea Bianchi, August Reinisch, William A. Schabas, Jill Marshall, Robert McCorquodale, Penelope Simons, Erik B. Bluemel. Includes 18 previously published journal articles 2009 634 pages Hardback 978-0-7546-2833-0 £165.00 2 LEGAL REFERENCE 2010 NEW International Refugee Law Edited by Hélène Lambert, University of Westminster, UK The Library of Essays in International Law The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. The original set of principles, customary rules and values which were firmly embedded in the human rights framework are still liable to change in the light of developments in, for example, international humanitarian law, international criminal law, migration issues and new concepts of state participation and responsibility. Thus, there is a reinforcing dynamic in the development of these complementary areas of law. Contents: INTRODUCTION PART I: HISTORICAL PERSPECTIVE: ‘We refugees’, Hannah Arendt; Territorial asylum, Paul Weis; The end of asylum? The changing nature of refugee policies in Africa, Bonaventure Rutinwa; A reconsideration of the underlying premise of refugee law, James C. Hathaway; UNCHR’s contribution to the development of international refugee law: Its foundations and evolution, Corrine Lewis; The politics of refugee protection, Guy S. Goodwin-Gill. PART II: THE 1951 REFUGEE CONVENTION: KEY PROVISIONS AND IMPLEMENTATION: Who is a refugee?, Andrew E. Schacknove; Troubled communication: Cross-cultural misunderstandings in the asylum-hearing, Walter Kälin; Non-refoulement and the new asylum seekers, Guy S. Goodwin-Gill; Revitalizing the 1951 Refugee Convention, Joan Fitzpatrick. PART III: REFUGEE LAW AND ITS RELATIONSHIP WITH INTERNATIONAL HUMAN RIGHTS LAW, INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL CRIMINAL LAW: Refugee law, gender, and the human rights paradigm, Deborah E. Anker; Seeking asylum under the Convention on the Rights of the Child: A case for complementary protection, Jane McAdam; The cross-fertilization of international humanitarian law and international refugee law, Stephane Jaquemet. PART IV:EUDIMENSION OF REFUGEE LAW: The Europeanisation of Europe’s asylum policy, Elspeth Guild; Is Europe living up to its obligations to refugees?, Geoff Gilbert; Understanding refugee law in an enlarged European Union, Rosemary Byrne, Gregor Noll and Jens Vedsted-Hansen; Transnational judicial dialogue, harmonization and the common European asylum system, Hélène Lambert. PART V: CHALLENGES AND PERSPECTIVES ON THE FUTURE: Reforming the international refugee regime: A dialogic model, B.S. Chimni; Free movement and the world order, Satvinder S. Juss; Human security and the rights of refugees: Transcending territorial and disciplinary borders, Alice Edwards. NAME INDEX. Includes 20 previously published journal articles May 2010 554 pages Hardback 978-0-7546-2813-2 £155.00 International Law and Islamic Law Edited by Mashood A. Baderin, School of Oriental and African Studies, University of London, UK The Library of Essays in International Law Includes 28 previously published journal articles 2008 706 pages Hardback 978-0-7546-2715-9 £180.00
SERIES THE INTERNATIONAL LIBRARY OF ESSAYS ON GLOBALIZATION AND LAW Series Editor: Michael K. Addo, University of Exeter, UK Economic globalization has so fundamentally affected the roles and relationships of national and international actors that conventional rules of law have come under intense scrutiny. With economic globalization comes the confirmation of neo-classical economic doctrine as a dominant theme in policy-making and with it the diminution of the State and other symbols of sovereignty. The International Library of Essays on Globalization and Law includes thematic collections of essays which discuss changes to the role and the relevance of the law which are a consequence of and response to economic globalization. For more information on this series, including a full list of titles, contents listings and more, please visit www.ashgate.com/legalreference FORTHCOMING Globalization and International Organizations Edited by Edward Kwakwa, World Intellectual Property Organization, Switzerland The International Library of Essays on Globalization and Law In the context of today’s ever-increasing globalization the traditional role of international organizations has changed in recent years from that of facilitator of the activities of their members, to that of director of their own activities. This collection brings together the best published work by leading authorities in the field on issues that are affected by this change of role, such as governance, control, accountability and the privileges of international organizations. Contents: INTRODUCTION: PART I: GENERAL AND CONCEPTUAL ISSUES: International organizations: Then and now, Jose Alvarez; The law of international organizations: A subject which needs exploration and analysis, C.F. Amerasinghe; International institutions today: An imperial global state in the making, B.S. Chimni. PART II: GOVERNANCE, CONSTITUTIONAL REFORM AND ACCOUNTABILITY: Governance and accountability: The regional development banks, Enrique Carrasco, Wesley Carrington and Hee Jin Lee; Representation and power in international organization: The operational constitution and its critics, Jacob Katz Cogan; Constitutionalism Lite, Jan Klabbers; The Bustani case before the ILOAT: Constitutionalism in disguise?, Jan Klabbers. PART III: PRIVILEGES AND IMMUNITIES: Privileges and immunities of United Nations officials, Anthony Miller; In the shadow of Waite and Kennedy – The jurisdictional immunity of international organizations, the individual’s right of access to courts and administrative tribunals as an alternative means of dispute settlement, August Reinisch and Ulf Andreas Weber. PART IV: NORM-MAKING: Law-making through the operational activities of international organizations, Ian Johnstone; Some comments on rule-making at the World Intellectual Property Organization, Edward Kwakwa. PART V: DEVELOPMENT: The World Intellectual Property Organization and the development agenda, Christopher May; International trade for development: The WTO as a development institution?, Asif Qureshi; The WTO, global governance and development, Supachai Panitchpakdi; NAME INDEX. Includes 14 previously published journal articles August 2011 c. 500 pages Hardback 978-0-7546-2735-7 c. £140.00 ALSO OF INTEREST… Global Law Edited by John J. Kirton with Jelena Madunic, both at University of Toronto, Canada The Library of Essays in Global Governance This volume assembles the key articles that have defined the scholarly field of global law, ranging from papers about customs, treaties and international institutions to the roles they have played in international relations and the effect they have had and will continue to have on the international system. Includes 21 previously published journal articles 2009 546 pages Hardback 978-0-7546-2662-6 £150.00 International Law and Politics Edited by Joel Trachtman, Tufts University, USA The Library of Essays in International Relations Includes 20 previously published journal articles 2008 632 pages Hardback 978-0-7546-2766-1 £165.00 International Law, Volumes I and II Edited by Malcolm Evans and Patrick Capps, both at University of Bristol, UK The International Library of Essays in Law and Legal Theory (Second Series) These companion volumes bring together key writings which both illustrate and exemplify ideas that have informed the historical development of the discipline of international law. Includes 26 previously published journal articles in 2 volumes 2009 1206 pages Hardback 978-0-7546-2736-4 £300.00 NEW Globalization of Criminal Justice Edited by Michael Bohlander, Durham University, UK The International Library of Essays on Globalization and Law This collection of essays evaluates the effectiveness of the process to create an international mechanism for establishing criminal accountability, as happened when the international legal community came together in 1998 to sign the Rome Statute. The articles show the importance of comparative criminal law research to the development of international criminal justice, as well as the foundations, substantive and procedural aspects of international criminal law. Contents: INTRODUCTION: PART I: COMPARATIVE CRIMINAL LAW: HARMONIC CONVERGENCE? Constitutional criminal procedure in an international Context, Diane Marie Amann; The use of domestic sources as a basis for international criminal law principles, Michael Bohlander and Mark Findlay; The Iranian criminal justice under the Islamization project, Hassan Rezaei; Codifying Shari’a: International norms, legality and the freedom to invent new forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O’Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee and Marc Aaron Melzer; Traversing the rocky road of law reform in conflict and post conflict states: model codes for post conflict criminal justice as a tool of assistance, Vivienne O’Connor. PART II: INTERNATIONAL CRIMINAL LAW: FOUNDATIONS: The philosophy and policy of international criminal justice, M. Cherif Bassiouni; Global criminal justice: an idea whose time has passed, Jeremy Rabkin; Arab and Islamic Shari’a perspectives on the current system of international criminal justice, Adel Maged; SUBSTANTIVE: The expressive capacity of international punishment: the limits of the national law analogy and the potential of international criminal law, Robert D. Sloane; Drawing the boundaries of mens rea in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia, Mohamed Elewa Badar; Prosecutor v. Dusko Tadic: Waiting to exhale, Michael Bohlander; Genuine consent to sexual violence under international law, Wolfgang Schomburg and Ines Petersen; PROCEDURAL: The structure of international criminal procedure: ‘Adversarial’, ‘inquisitorial’ or ‘mixed’, Kai Ambos; The trial proceedings before the ICC, Stefan Kirsch; International criminal tribunals and their power to punish contempt and false testimony, Michael Bohlander; NAME INDEX. Includes 15 previously published journal articles August 2010 624 pages Hardback 978-0-7546-2865-1 £170.00 NEW International Law in East Asia Edited by Zou Keyuan, University of Central Lancashire, UK and Jianfu Chen, La Trobe University, Australia The Library of Essays on Law in East Asia The development of international law has been influenced by the rise of Asian countries, and the increased influence of other countries in the region through multinational organizations such as ASEAN. This collection of previously published articles by leading East Asian scholars brings together Asian perspectives concerning various issues in international law and provides a comprehensive picture of how and why East Asian countries participate in international law. Contributors: Zou Keyuan, Jianfu Chen, Sompong Sucharitkul, Yosibro Matsui, Jiangyu Wang, Tien Quang Tran, Keisuke Iida, Sun Shiyan, Zou Keyuan, Hasjim Djalal, Nguyen Hong Thao, Tanaka Tosbiyuki, Bing Bing Jia, Masahiko Asada, Eric Yong-Joong Lee, Hisashi Owada, C.L. Lim. Includes 17 previously published journal articles May 2011 c. 506 pages Hardback 978-0-7546-2873-6 c. £140.00 INTERNATIONAL LAW WWW.ASHGATE.COM/LEGALREFERENCE 3
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