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When a claimant demands an interpretation of a right in international law that goes beyond existing conventional, statutory or customary norms, proceedings enter the uncharted area of equity in international law. This original book tackles this complex subject with precision and authority. Evaluating past applications of equity, it contributes to improving the record of judicial performance in controversies for which equity is alleged to be relevant. Any decisionmaker confronted with a claim to apply equity will benefit greatly from this book. Published under the Transnational Publishers imprint.
International law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.
The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.
This text is designed to provide students and others with a theoretical and factual base for understanding the complex questions posed by continued reliance on nuclear weapons to protect geopolitical interests. In Part One, the authors examine the destructiveness and cost of modern nuclear arsenals and offer both normative and systemic explanations
The Azerbaijani attack on the de facto independent Republic of Artsakh (formerly the Nagorno-Karabakh Republic) in September 2020 shattered the illusion that this conflict is “frozen.” The forty-four-day war in 2020 was the bloodiest outbreak of violence over the separatist region since the conflict began in the late 1980s and threatened to embroil Turkey and Russia in a dangerous proxy war in the volatile South Caucasus. Despite the publication of several works on the conflict since the 1990s, many aspects of the conflict remain poorly understood or distorted in Western scholarship due to US-NATO political influence. Are the origins of the conflict found in Soviet nationalities policy a...
In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. If we imagine human settlements and territorial rights as established in river catchment areas-not on lands with walls and borders-the primary features of group life are not independence and distinctness. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers. Usually lower-scale political entities, foundational territories overlap with and serve as the grounding blocks of larger territorial units. Examples of foundational territories include not only r...
Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interfa...
This incisive book fills a critical gap in understanding the future of international law in the Hydrocene, an era defined by profound impacts on the global water cycle. It outlines the entire gamut of legal mechanisms available for the three natural states of water: liquid, gaseous, and solid.
The third volume in the Global Arctic series examines the transformation of Arctic governance following the 2022 outbreak of war in Ukraine. This conflict has disrupted the post-Cold War cooperative circumpolar order, upending decades of multilateral collaborations. The book traces the Arctic's evolution from Cold War great power competition to a focus on human security and cooperation, highlighting the Arctic Council's establishment and the growth of the "Arctic family" with non-Arctic actors. It explores how climate change became a key driver for Arctic (re)engagement, opening new opportunities and challenges. The 2022 invasion of Ukraine has dramatically altered this landscape, ending the...
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