New International Law books from Hart
Unilateral Sanctions in International Law
Edited by Surya P Subedi
This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are.
The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment.
This study finds that unilateral sanctions by a state or a group of states against another state as opposed to ‘smart’ or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.
Surya P Subedi QC is Professor of International Law at the University of Leeds, UK and Barrister at Three Stone Chambers, Lincoln’s Inn, London, UK.
Jun 2021 | 9781509948383 | 432pp | Hbk | RSP: £95
Discount Price: £76
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Edited by Jean Ho and Mavluda Sattorova
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law.
International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors’ international law.
Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
Jean Ho is Associate Professor of Law at the National University of Singapore.
Mavluda Sattorova is Reader in International Economic Law at the School of Law and Social Justice and Director of Liverpool Economic Governance Unit, University of Liverpool, UK.
Jul 2021 | 9781509937912 | 432pp | Hbk | RSP: £85
Discount Price: £68
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Instruments of Peacemaking 1870-1914
Michael Reynolds
This book focuses on Anglo-American disputes arising out of the civil war in the United States and British interests in the American continent: the Geneva Arbitration, the Venezuela-Guiana Arbitration and the Bhering Sea Arbitration. It draws on those cases as model proceedings which laid the foundations and inspiration for a promotion of international law through the Hague Conferences and by the work of English and American jurists. It considers the encouragement these cases gave to the promotion of public international law and how that contributed to the resolution of inter-state disputes.
Michael Reynolds is Visiting Senior Research Fellow in the Department of International History at the London School of Economics and Political Science, UK.
Jul 2021 | 9781509938308 | 360pp | Hbk | RSP: £80
Discount Price: £64
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Parliamentary Democracy in the Federal Republic
Florian Meinel
This book offers a compelling and persuasive framework for understanding the German constitutional system. It argues that it can only be fully understood as a dual structure combining two layers with little in common. The first layer is the basic administrative institutional structure, comprised of federal institutions. The second layer is that of parliamentary democracy. It is the interplay between the two, as mediated by the chancellery, the major political parties and the Federal Constitutional Court, which lies at the heart of the German constitutional arrangement.
This innovative hybrid perspective allows for a better understanding of the current challenges of parliamentary government and its potential long-term development. An updated translation of its impactful German edition, this provides one of the most brilliant introductions to governmental systems of one of the world’s most influential states.
Florian Meinel is Chair of Public Law and Philosophy of Law at the University of Würzburg, Germany.
Jul 2021 | 9781509943395 | 152pp | Hbk | RSP: £70
Discount Price: £56
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International Law and the War with Islamic State
Challenges for Jus ad Bellum and Jus in Bello
Saeed Bagheri
Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment.
The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party.
Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.
Saeed Bagheri is Post Doctoral Fellow at the University of Reading, UK.
Aug 2021 | 9781509950515 | 208pp | Hbk | RSP: £85
Discount Price: £68
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The Irish Yearbook of International Law, Volume 14, 2019
Edited by Fiona De Londras and Siobhán Mullally
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 and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law.
This volume of the Yearbook includes a discussion of human rights based responses to human trafficking; the intersection between business and human rights in Ireland and statements on women, peace and security.
Fiona de Londras is Professor of Global Legal Studies at the University of Birmingham, UK.
Siobhán Mullally is Established Professor of Human Rights Law and Director of the Irish Centre for Human Rights, NUI Galway, Ireland.
Aug 2021 | 9781509950874 | 192pp | Hbk | RSP: £180
Discount Price: £144
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A Story of International Law Reform and State-making
Ukri Soirila
This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances “the law of humanity project”. In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law – a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.
Ukri Soirila is a Senior Lecturer in International Law at the University of Helsinki and a Research Fellow at the Erik Castrén Institute, Finland.
Aug 2021 | 9781509938919 | 208pp | Hbk | RSP: £80
Discount Price: £64
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