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Inter-American Yearbook on Human Rights
/ Anuario Interamericano de Derechos Hum

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 40 (2024) (Volume III)

A Festschrift for Rob Cryer

The Character of International Law

Legal Research: Take the law into your own hands. Do you have a legal problem but don't know where to find the law? Legal Research gives you the skills to find the answers--fast. Legal Research is the only comprehensive, plain-English guide to legal research written for nonlawyers. Whether you're handling a personal legal matter, running a business, studying for a legal career, or just need to understand a law that affects you, this fully updated edition walks you through every step of the research process. You'll learn how to: <ul> <li>locate statutes, regulations, and court decisions at the federal, state, and local levels</li> <li>research legal questions online using free websites and reliable legal databases</li> <li>ensure your research is current so you're always relying on good law, and</li> <li>organize your results and draft a professional legal memorandum for school, work, or court.</li> </ul> Topics covered include: <ul> <li>understanding the basics of case law, statutory law, administrative law, and constitutional law</li> <li>identifying your legal issue and choosing the right resources</li> <li>finding and using secondary sources, including legal encyclopedias, treatises, law reviews, and practice manuals</li> <li>locating and using federal and state statutes, regulations, and local ordinances</li> <li>finding, reading, and Shepardizing case law, and</li> <li>validating your research and organizing it into a legal memorandum.</li> </ul> Legal Research also teaches you how to narrow your results so you won't drown in an information flood, whether you're working in a law library or researching online.

How to Find & Understand the Law

Legal Research

A Cumulative Accountability Model for Transnational Arms Transfers

The Arms Trade, Corporate Accountability and International Law

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 43 (2025)

Science fiction has long been fascinated with the potential for sentient, human-like artificial persons. Even before reality meets fantasy, individuals, governments and businesses already entrust AI to make automated decisions with potential for real-life impact. What are the implications for AI legal personhood? This work examines how different legal entities differ in rights and duties and considers historical examples that show how legal personhood status can change over time under economic, social and pragmatic pressures. By abandoning the traditional binary, characteristics-based concept of the legal person for a historical lens, we are left with a more nuanced concept of the legal person against which sentience matters far less than what we might otherwise assume.

Persona Ex Machina: Artificial Intelligence on a Spectrum of Legal Personhood

Studies in International Law

This book argues that the pursuit of universal norms remains a worthwhile endeavour for the international legal discipline. It does this while also engaging with the very active imperialist critique of such norms. The study has 4 aims; firstly to illustrate the role that the idea and debate around norms have in developing international law, and secondly to address the philosophical concerns around identifying such norms. It moves on to explore whether a legal/practical instantiation of the universal can be done without taking a particular position/perspective. And finally, it turns to the impact the universal has on the development of international human rights law. Public international law, human rights and legal philosophy scholars will welcome this original theoretical-philosophical perspective on an enduring debate in the field of international law.

International Law and the Pursuit of Universal Norms

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

Studies in International Trade and Investment Law

This book charts a pioneering course for researchers and policy makers seeking to understand, navigate and influence the decentralised international legal order. It invites readers on an exploratory journey that treats international trade, investment and tax law as laboratories for the application of the complexity framework to public international law. It describes familiar international legal regimes in unfamiliar terms by shining a light on trade, investment and tax as living sub-systems inside a self-organising network. Drawing on the vocabulary and metaphors of the complexity framework, such as emergence, feedback, attractors and path-dependency, the book explores why treaties proliferate, why some legal reforms stagnate and others cascade, and where small, well-placed interventions can redirect the whole. Moving beyond descriptive frames, the book supplies a predictive lens and a practical toolbox for steering international law, for example, towards increased resilience. A rich repertoire of examples and vivid metaphors show how legal evolution is shaped. The book's critical reflections keep the promise of complexity grounded in normative debates. Written for readers with only a basic background in the regimes that govern international economic relations and no prior knowledge of complexity, the book introduces a novel frame of reference to the study of public international law. This book is written for anyone worried about incoherence, fascinated by interconnectedness, and searching for levers of change.

Interaction and Evolution in International Economic Law

Public International Law as a Complex Adaptive System

Modern Studies in European Law

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

The Principle of Good Neighbourliness in International Law and EU Law

Proportionality Under the UK Human Rights Act

The Office of Hawaiian Affairs is a semi-autonomous government agency established at the height of the Hawaiian cultural and political renaissance to expend public funds for the benefit of Native Hawaiians. In The Sword of History Troy Andrade offers a legal and political history of this agency in order to excavate its role in the ongoing struggle for Native Hawaiian self-determination. Andrade demonstrates how the framing of past events in connection with present-day lawmaking perpetuates narratives of either justice or injustice, which in turn support or undermine the legal bases for reparative action. He sheds light on how history becomes a metaphorical sword that is wielded by those with power to control reconciliation efforts. &nbsp;&nbsp;Using legal records, archival materials, and personal interviews, this manuscript expands on legal-historical understandings of the use of collective memory in different legal institutions, such as through state constitution building, legislation, and court opinions. Andrade deftly weaves a compelling narrative out of these complex and often fraught legal battles, which often had implications far beyond the Hawaiian state. Ultimately this book offers a novel perspective on the complicated legal politics surrounding indigeneity in the U.S. writ large.

The Office of Hawaiian Affairs and the Struggle for Reparative Justice

The Sword of History

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

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 40 (2024) (Volume III)

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