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Henriksen Anders: International Law

International Law

ASIL Studies in International Legal Theory

Democratic Representation in International Organizations

This book explores the use of Third-Party Funding (TPF) in Investor-State Dispute Settlement (ISDS), a transformative yet controversial instrument that implicates procedural fairness, the commodification of justice, public interest, and state sovereignty in investment law.TPF is a topical, yet underexamined topic within international arbitration. With the TPF market now estimated to exceed USD 15 billion, its role in enabling investors to pursue expensive, high-value investment claims has attracted attention. The book comprehensively analyses the use of TPF in the context of the ISDS system, highlighting issues such as influence on the decision to settle, conflicts of interest, effects on procedural fairness, wealth transfer, and the commodification of justice. It argues that attempts to reform TPF have mainly focused on a narrow set of issues that may arise during arbitral practice, specifically the issue of potential conflicts of interest between funders and arbitrators, resulting in regulatory gaps. Amid recently completed and ongoing reform efforts by institutions such as UNCITRAL, this book offers a timely and critical analysis of the use of TPF in ISDS. It will combine theoretical insights, real-world examples, case law, and a comparative overview of current and proposed regulations to provide practical policy and regulatory suggestions.The book will be of interest to researchers in the field of international arbitration and investment law.

Third-Party Funding in International Investment Law

International trade and public health have long been in tension, with intellectual property law partially to blame. Patent protections have created strong pharmaceutical monopolies, making medicines unaffordable in many countries, blocking access to healthcare, and disrupting global supply chains. Attempts to remedy these public health failures have largely been fractured, with stop-gap efforts failing to meaningfully resolve the structural issues at the intersection between access, innovation, and regulation. Rather than treating these areas as separate domains, this book advocates for a holistic regulatory approach that centers public health while recognizing the deep interconnections with IP and trade. The authors argue that advancing innovation and global development requires recalibrating legal and policy frameworks to prioritize global public health as a necessary foundational requirement for robust trade and development. Tracing the evolution of these tensions across six chapters, the book critiques current regulatory reform efforts and proposes principles for a new public health framework: a treaty that places health not in opposition to trade and IP, but firmly at the center.

Centering a Public Health Framework

Fractures in IP, Trade, and Health

A Practitioner's Guide to Maritime Boundary Delimitation remains the definitive guide for anyone involved in maritime boundary-making and dispute resolution, whether from within law, technical practice, academia, government or related fields. Drawing on the combined perspectives and extensive experience of its authors, the book provides a unique blend of legal and technical insights into the principles, methods and best practices of maritime delimitation, with a particular emphasis on international jurisprudence since the landmark North Sea Continental Shelf cases (1969) and advent of the UN Convention on the Law of the Sea (1982). This thoroughly updated edition covers key developments since 2016, such as the changing role of islands and rocks in delimitation, developments in seabed delimitation beyond 200 miles from the coast, climate change impacts and the growing role of non-binding third-party dispute resolution procedures. The book analyses 29 modern maritime boundary delimitation cases (including six new cases decided since the previous edition) and assesses their ongoing relevance today. Richly illustrated with full-colour maps by a leading technical expert in international dispute resolution, the book brings complex legal and geographical issues vividly to life. Cited frequently before international courts and tribunals—including the International Court of Justice and the International Tribunal for the Law of the Sea—the first edition established itself as an essential resource. This new edition builds on this legacy, remaining an invaluable tool for practitioners, negotiators, litigators, and educators in maritime boundary law.

A Practitioner's Guide to Maritime Boundary Delimitation

Studies in International and Comparative Criminal Law

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations.
 
The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war.
 
The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

Bridging the Accountability Gap

Indiscriminate and Disproportionate Attacks in International Law

Great Debates in Law

Great Debates in International Law

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. 

The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

International Law and the Protection of Forests

An Unsettled Right

The Right to Protection from Incitement to Hatred

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

The History and Theory of International Law

The ancient Greek world was permeated with international law, the binding rules of behavior that Greeks across the Mediterranean followed and enforced for centuries. But why was international law effective in this world? Laws of All the Greeks offers an original answer rooted in contemporary social theory, presenting a definitive account of ancient Greek international law while delving into the social and psychological foundations that made it potent and durable. Challenging recent claims that international law did not exist in the Greek world, Laws of All the Greeks makes a robust case not only for its existence, but for the importance of taking ancient Greek international law as an historical subject in the first place. It provides an updated history of select elements of that law, including the right to private self-help; judicial treaties known as symbola; and piracy. Combining the findings of recent scholarship on Greek history, identity, and social networks, novel readings of documentary and literary sources, and the lessons of sociology and psychology, Jesse James demonstrates how the webs of identity binding the Greek world together affected both the rules of international law and their effectiveness at guiding legal and economic behavior. This study thus complicates and enriches prevailing approaches that emphasize formal institutions, structural features, or economic rationalism, offering instead a model for applying legal sociology to the historical study of international law.

International Law as Social Reality in Ancient Greece

Laws of All the Greeks

This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here-particularly from Latin America- embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.

Modelling a Transcultural Eco-Legal Framework across Europe and Latin America

Law, Nature and the Ecosystem Approach

Collected Courses of the Academy of European Law

The discourse, scholarship, and practice of transitional justice have become pivotal to addressing historical systematic injustices. However, until recently, the field has largely overlooked some of the most enduring and pervasive injustices of human history: racism and the colonialism and slave-trade that both reflected and fuelled it. Race and Transitional Justice examines how race and racism interact with transitional justice mechanisms and institutions to question why this is the case, and how it could be different. Bringing together diverse perspectives to examine the historical and socio-political contexts of transitional justice, this book argues that the field remains largely inattentive to the role of race. As a result, transitional justice institutions may be sustaining the very racialization that they are expected to remedy. The contributions offer a range of responses. Some call to abandon the whole field, citing its complicity in the indefinite maintenance of settler hegemony. Others consider transitional justice an essential space to work towards a more just, non-racist, social order. The result is a sensitive reflection into emancipatory transitional justice futures.

Race and Transitional Justice

International Law

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