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Kobe University Monograph Series in Social Science Research

ASEAN Economic Law Reforms

Future Prospects of Legal Integration in the ASEAN Economic Community

Irish Yearbook of International Law

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship. This new volume covers the years 2023, amid growing state actions reflecting raw political and military power across the American continents, in the Middle East and amid ongoing armed conflicts around the world, most notably in Ukraine and in Gaza. Reports also cover topics on human rights in Ireland, international law in Ireland more generally, and the law of the sea. This volume of the Yearbook includes three articles, addressing international commercial contracts, the use of prosecutorial discretion at the International Criminal Court, and digital open-source evidence in regional human rights courts. Finally, the Yearbook also includes four book reviews covering a wide breadth of international law subjects, such as European legal regulation of technology, the morality of the laws of war, the prohibition of the use of force in international law, and sustainability in international trade agreements.

The Irish Yearbook of International Law, Volume 17, 2023

Global Health Law

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

Tagebuch eines Seenotretters

Lange Zeit kein Hafen

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

Hart Monographs in Transnational and International Law

This book delves into the legal and labour history of the Hashemite Kingdom of Iraq to explore the role international law and its institutions played in Iraq's state formation.Focusing on a turbulent period in global and Middle East history, it shows how the case of Iraq became a laboratory for experimentation with the concept of sovereignty by the Permanent Mandates Commission of the League of Nations in Geneva. This resulted in the development of a doctrine of 'semiperipheral sovereignty' to justify Iraq's independence from the Mandate process. This novel doctrine and its operation within the provisions of the 1930 Anglo-Iraq Treaty ensured the maintenance of British dominance over Iraq, especially to safeguard the extraction and transportation of its valuable oil resources to Western markets.The book traces how this legal doctrine impacted the everyday lives of working class Iraqis. It explores the governance of the extraterritorial spaces of capitalist accumulation and labour exploitation, in particular the Iraq Petroleum Company oil fields, the Iraq State Railways and the Port of Basra. It goes on to detail how the oil, railway and port workers led by the Iraqi Communist Party effectively organised themselves into a nationalist revolutionary labour movement. They waged an anti-colonial struggle against these imperial legal structures to improve their lot, leading up to the 1948 Wathba, the 1953 Intifada, and ultimately the July Revolution of 1958, which upended the British-sponsored monarchy.Spanning various international archives and Arabic primary source materials, this book offers an example of a social, legal and labour history written from below, centering ordinary working peoples' agency in the historiography of international law. Drawing on Third World Approaches to International Law (TWAIL) and Marxist methodologies, it emphasises the significance of the semi-periphery in the making of the international legal order.

International Law, Labour Struggle, and the Making of Iraq

Manufacturing Sovereignty

Law and Philosophy Library

International law operates under persistent normative fragmentation: specialised regimes have produced a decentralised body of norms prone to conflict. For many international lawyers, however, the debate now appears settled, buried by the International Law Commission’s work on systemic integration and the turn to regime interaction and normative pluralism. But the ghosts of fragmentation are revenants: they return precisely when the matter is believed to be settled. The triple planetary crisis of climate change, biodiversity loss, and pollution has made the haunting plain, revealing that the fractures once discussed as technical problems of consistency are symptoms of a deeper condition: a world whose ecological, legal, and political orders do not align. This book investigates how consistency is possible within a fragmented order.Rather than surveying the responses of international legal scholarship, the book offers a rational reconstruction of the concept of consistency in international law, making explicit the implicit logical structures through which legal actors reason. The book distinguishes facts, norms, and reasons as the building blocks of legal argumentation and shows how legal actors can derive statement-consistent conclusions even where the underlying norm-set is itself norm-inconsistent.International law, on this account, sustains itself not by eliminating inconsistency but by reasoning through it. Conflict avoidance operates upstream through meta-norms that affect validity and the conditions of applicability; where it fails, priority reasoning and reason-based argumentation determine which norm applies. The consistency achieved is local, provisional, and plural, but it is genuine, disciplined by constraints and accountable to the requirement of justification. The framework does not prescribe which priorities legal actors should adopt but it clarifies the grammar of the practice that instead makes these determinations. The book argues, however, that incorporating planetary boundaries as legal constraints would narrow the space of admissible outcomes in ways decisive for the planetary crisis.

International Law under the Planetary Crisis

Ordering the Fragments

This innovative deeply researched book, critically examines the failures of international law in addressing severe human rights violations, particularly enforced disappearances and arbitrary detentions. This book argues that international law in a variety of areas, is ineffective and in need of reform. Through the lens of enforced disappearances and arbitrary detentions in international law, the book explores the weaknesses of the state-centric human rights system, emphasizing that states-often the primary violators-are responsible for ensuring compliance and enforcement. The book first examines the recent scourge of enforced disappearances and arbitrary detentions in a number of states, particularly those that have occurred transnationally. Through a detailed analysis of comparative state practice, including rising rates of transnational repression, the book highlights systemic deficiencies and later proposes various reforms to strengthen global human rights protection. The book advocates for an integrated approach, merging international humanitarian law, human rights law, and international criminal law to enhance enforcement and accountability. The book reviews why using an integrated approach to tackling violations will result in far better protections, arguing that abandoning a silo approach to international law and applying international human rights law and international humanitarian law together, especially in the context of international criminal law, will yield far better results. How greater integration can be achieved in theory, is examined. Also reviewed, are how international bodies that work on arbitrary detentions and enforced disappearances, do so in practice. The key challenge that is taken up is how international law can be improved to ensure that the worst violators can be made to comply with international law. For that reason, a series of recommendations are made in the conclusion about what can be done to remedy the deficiencies noted throughout the book. The book argues that much needs to be done to reform international law as well as the processes and mechanisms that provide oversight and accountability.

Remedying International Law and Institutions

Enforced Disappearance and Arbitrary Detention

Modern Studies in European Law

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

Reimagining the Limits of Free Speech under International Law

Economic Security in European Law and Policy

This book is intended to open up the new Springer book series on Economic Security in European Law and Policy. It collects contributions that resulted from the first two conferences on economic security and market regulation organized by the editors. Like the conferences themselves, this volume offers an interdisciplinary analysis of different aspects around economic security policy in Europe. The authorship is diverse, ranging from academics to practitioners and also political representatives. By this, the volume offers wide ranging views. The contributions consist of academic articles as well as shorter essays, making the volume accessible not only to academics but also to a wider readership.

Strengthening EU Economic Security

ASEAN Economic Law Reforms

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