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Public International Law — Overview

Issues of global law and justice are at the forefront of public debates to a greater degree than ever before. The prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), and the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization are but a few of the areas where PIL has an important contribution to make.é

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For more detailed information about our work in this area, see also the dedicated Public International Law website

Forthcoming Subject Events


November 2014

Public International Law @ Oxford
Discussion on current issues in the law of treaties
Speaker: Eirik Bjorge, Christian J Tams, and Antonios Tzanakopoulos and comments by Sir Frank Berman QC
Oxford Law Faculty The Cube at 17:00
Changing Character of War Programme at Oxford University
The End of
Speaker: Professor Keith Krause, Graduate Institute, Geneva
Manor Road Social Sciences Building Seminar Room G at 13:00
Changing Character of War Programme at Oxford University
Achieving behavioural change in conflict: new challenges in the information era
Speaker: Lt Col Andrew Winter
Manor Road Social Sciences Building Seminar Room G at 13:00
Refugee Studies Centre
Forced displacement in the name of development and international law: an overview
Speaker: Laura Messina, RSC Visiting Study Fellow
Oxford Department of International Development Meeting Room A at 13:00
Changing Character of War Programme at Oxford University
Intellegience and Special Forces
Speaker: Sir Graeme Lamb
All Souls College Wharton Room at 17:15
Oxford PIL Discussion Group
A problem of interpretation’: The ICJ’s approach to the constituent instruments of international organizations
Speaker: Peter Quayle, European Bank for Reconstruction and Development and University of Notre Dame, London Law Centre
All Souls College The Old Library at 12:30

Book Launch: Legitimate Targets? Social Construction, International Law and US Bombing
Manor Road Social Sciences Building Seminar Room C at 16:30

Cyril Foster Lecture: Has European Integration Reached the End of the Road?
Speaker: Professor Loukas Tsoukalis, Professor of European Integration at the University of Athens, President of the Hellenic Foundation for European and Foreign Policy (ELIAMEP), and Visiting Professor at King’s College, London and the College of Europe, Bruges
Examination Schools at 17:00
Changing Character of War Programme at Oxford University
The truth is out there - intelligence in the cyber age
Manor Road Social Sciences Building Seminar Room G at 13:00
Human Rights for Future Generations in conjunction with University of Oslo, Norwegian Centre for Human Rights
Flagship Conference: Human Rights Challenges of the Post 2015 Agenda Conference
Pembroke College Pichette Auditorium at 10:00
Changing Character of War Programme at Oxford University
The Russian-Ukrainian war: challenges for military policy in the Baltic States
Speaker: Dr Deividas Slekys, University of Vilnius
Manor Road Social Sciences Building Seminar Room G at 13:00
Refugee Studies Centre
Inequality, immigration and refugee protection
Speaker: Dr Katy Long, Standford University
Oxford Department of International Development Seminar Room 1 at 17:00
Changing Character of War Programme at Oxford University
The Place of the Media in Human Security
Speaker: Caroline Wyatt and Deborah Haynes
All Souls College Wharton Room at 17:15

December 2014

Oxford Global Justice Lecture in conjunction with Planethood Foundation
International Criminal Tribunals and the Rule of Law
Speaker: Judge Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia & President of the Mechanism for International Criminal Tribunals
Oxford Law Faculty The Gulbenkian at 17:15
Refugee Studies Centre
Citizenship revocation and the privilege to have rights
Speaker: Professor Audrey Macklin , University of Toronto
Oxford Department of International Development Seminar Room 1 at 17:00
Changing Character of War Programme at Oxford University
Health Security
Speaker: WTO spokesperson tbc
All Souls College Wharton Room at 17:15
Oxford PIL Discussion Group
Guantanamo Bay: Some Public International Law Issues Arising in the 9/11 Trials
Speaker: Professor Andrew Clapham, Graduate Institute of International and Development Studies, Geneva / Geneva Academy of International Humanitarian Law and Human Rights.
All Souls College The Old Library at 12:30
Human Rights for Future Generations
Military Cyber Capacity Technologies and Armed Conflict in the 21st Century
Speaker: Dr Alexander Leveringhaus, Post-doctoral Research Fellow & James Martin Fellow
The Oxford Martin School 14:00

News

Oxford Global Justice Annual Lecture - Judge Theodor Meron

Save the date for our forthcoming Oxford Global Justice Annual Lecture on 1 December 2014 by Judge Theodor Meron (President of the International Criminal Tribunal for the former Yugoslavia & President of the Mechanism for International Criminal Tribunals) in The Gulbenkian at 5.15pm […]

Antonios Tzanakopoulos elected Secretary-General of the International Law Association

photo of Antonios Tzanakopoulos

The International Law Association, founded in Brussels in 1873, has elected at the Meeting of its Executive Council in London on 18 October, Antonios Tzanakopoulos as the Secretary-General of the Association […]

UN Human Rights Council Panel Discussion on Drones

photo of Dapo Akande

Dapo Akande moderated a panel discussion on the use of armed drones in counter-terrorism and military operations in the recently concluded September session of the United Nations Human Rights Council […]

Oxford Global Justice Internship Programme - Defending General Mladic – An internship in International Criminal Defence: Jérôme Temme

“Bringing war criminals to justice – and justice to victims”: The message on the wall is clear when the Defence team members enter their workplace – a mere three offices as big as the court’s cafeteria – via the main lobby of the UN Yugoslavia Tribunal (ICTY) […]

Announcing a new publication - Research Handbook on the Law of Treaties

photo of Antonios Tzanakopoulos

Antonios Tzanakopoulos, together with Christian Tams of the University of Glasgow and Andreas Zimmermann of the University of Potsdam, has published a Research Handbook on the Law of Treaties […]

Project on the Law Relating to Humanitarian Relief Operations in Armed Conflict

photo of Dapo Akande

On 10-11 July 2014, the Oxford Institute for Ethics, Law and Armed Conflict (ELAC), and the Oxford Martin Programme on Human Rights for Future Generations (HRFG), together with the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), convened a meeting of legal experts as part of a joint project aimed at bringing greater clarity to certain aspects of the law regulating relief operations in situations of armed conflict […]

Dapo Akande Speaks at Army Legal Services Annual Conference

In June 2014, Dapo Akande spoke to over 100 UK Army lawyers and lawyers from other military forces at the annual UK Army Legal Services Conference […]

Dapo Akande Speaks at UK Government’s International Law Conference

Dapo Akande addressed over 130 UK government lawyers at the opening session of the inaugural International Law Conference organised by the Government Legal Service and the Foreign & Commonwealth Office on 14 July […]

Transatlantic Workshop on International Law and Armed Conflict

The Oxford Institute for Ethics, Law and Armed Conflict and the Oxford Martin Programme on Human Rights for Future Generations, in cooperation with the International Committee of the Red Cross, convened the Transatlantic Workshop on International Law and Armed Conflict in July 2014 […]

Announcing a new publication: The Evolutionary Interpretation of Treaties by Dr Eirik Bjorge, Shaw Foundation Junior Research Fellow in Law at Jesus College

The Evolutionary Interpretation of Treaties by Dr Eirik Bjorge, Shaw Foundation Junior Research Fellow in Law at Jesus College […]

Tripartite Graduate Research Colloquium in International Law

Tripartite Graduate Research Colloquium in International Law took place at UCL and brought together research students from Oxford, Cambridge, and UCL […]

SEMINAR ON THE RATIFICATION AND IMPLEMENTATION OF THE KAMPALA AMENDMENTS TO THE ROME STATUTE OF THE ICC

Dr Antonios Tzanakopoulos participated in a conference aimed at promoting the ratification and implementation of the Kampala Amendments to the ICC Statute organised by the Permanent Mission of Liechtenstein to the UN and the Ministry of Foreign Affairs of Slovenia […]

Workshop on the impact of unilateral coercive measures on the enjoyment of human rights

Dr Antonios Tzanakopoulos was invited by the Office of the High Commissioner of Human Rights to participate in a Workshop organised at the request of the UN Human Rights Council in accordance with Resolution 24/14, to consider the adverse impact of unilateral coercive measures on the enjoyment of human rights by the affected populations, in particular their socioeconomic impact on women and children, in the States targeted […]

The Clarendon Law Lecture Series 2014 - Law and Globalization

TODAY: The Clarendon Law Lecture Series 2014 Lecture III - Law in Globalization

Harold Koh - Harold Hongju Koh is Sterling Professor of International Law at Yale Law School […]

Oxford Students visit International Courts in The Hague

In what is becoming a tradition, a group of BCL/MJur students from the University of Oxford visited international courts in The Hague on 27 and 28 March 2014 […]

Call for Abstracts: International Law - Postgraduate Colloquium Oxford/Cambridge/UCL - deadline 30 April 2014

The deadline on the attached the Call for Abstracts for the Oxford/Cambridge/UCL Colloquium on Current Problems in International Law has been extended to Sunday 11 May 2014 […]

Sir Frank Berman awarded the Royal Order of Cambodia

Sir Frank Berman, Visiting Professor of International Law at Oxford, has been awarded the Grand Cross of the Royal Order of Cambodia […]

BCL Student 2nd in Times Law Award

James Beeton, a BCL student, has won the 2nd Place Prize in the 2014 Times Law Awards […]

"Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges", Dr Gilles Giacca

photo of Gilles Giacca

Dr Gilles Giacca (Programme Co-ordinator of the Human Rights for Future Generations programme) co-edited a book titled "Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges" (Oxford University Press) […]

High-level Meeting: Responsibility to Protect and Human Rights


The HRFG hosted a High-level experts meeting with the Special Adviser to the UN Secretary-General on the Responsibility to Protect, Jennifer Welsh.The meeting involved approximately 22 participants, including prominent legal specialists and scholars, and senior representatives from the OHCHR, Non-Governmental Organizations, and the ICRC […]

Promoting and Protecting Education in Situations of Armed Conflict

On the occasion of the Human Rights Council’s 25th session, which was dedicated to “access to justice for children”, a study, co-authored by Dr Gilles Giacca, on the United Nations human rights mechanisms and education in armed conflict was launched in Geneva […]

Is it fair to compare Crimea to other territorial disputes?

Antonios Tzanakopoulos of PIL at Oxford participated in the BBC World Service "World Have Your Say" programme on comparing Crimea with Kosovo and other similar disputes […]

University of Oxford team wins the UK National Championship of the Jessup International Law Moot Court Competition

A team from the University of Oxford won the United Kingdom National Championship of the 55th Philip C […]

Human Rights and French Burqa Ban

Dr Eirik Bjorge, Shaw Foundation Junior Research Fellow at Jesus College and a member of Oxford's PIL community, was interviewed by Radio France (07:00 on 27 November) in connection with an ongoing case before the Grand Chamber of the European Court of Human Rights at Strasbourg […]

Would Intervention in Syria be Legal?

Dapo Akande (University Lecturer in Public International Law and Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict (ELAC) and the Oxford Martins Programme on Human Rights for Future Generations) has given a wide range of media interviews on the question of the legality of military action in Syria […]

Targeted Killings, Drones and the Right of Life

In July, the Oxford Institute for Ethics, Law and Armed Conflict (ELAC) and the Oxford Martin School's Programme on Human Rights for Future Generations (HRFG) hosted a closed expert meeting with the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, on the topic of "Targeted Killings, Drones and the Right of Life". Chaired by Dapo Akande, Co-Director of ELAC and HRFG, the workshop was convened to discuss the legal framework governing the use of drones for targeted killings, the subject of the UN Special Rapporteur's forthcoming report to the United Nations General Assembly.  The workshop was attended by over 20 academics, members of civil society and the International Committee of the Red Cross […]

ICJ Traineeship Programme – Emma Dunlop

In May 2013 Emma Dunlop (St Anne's College) completed a nine month traineeship in the International Court of Justice as the University of Oxford candidate under the Court’s Traineeship Programme […]

Dapo Akande Elected to the Board of Editors of the American Journal of International Law

Dapo Akande has been elected to the Board of Editors of the American Journal of International Law (AJIL) […]

Funded Internship at the International Court of Justice 2013-14

The Oxford Law Faculty is one of a group of leading law faculties around the world invited by the International Court of Justice (ICJ) to participate in the ICJ's "traineeship" programme […]

United Nations Under-Secretary General for Legal Affairs Patricia O'Brien delivers Inaugural Oxford Global Justice Lecture

On Friday April 12 Patricia O’Brien, the United Nations Under-Secretary General for Legal Affairs and UN Legal Counsel, delivered the first Oxford Global Justice Lecture […]

International Lawyers Gather in Oxford for Major Conference

On April 12-13, over 160 international lawyers gathered in Oxford for the Annual Conference of the International Law Association (British Branch).The theme of the conference was “The Changing Nature of Global Governance: International Institutions in the International Legal Order” […]

Oxford Students Visit The Hague, April 2013

A group of BCL/MJur students from the University of Oxford and LLM students from the University of Glasgow visited The Hague between 16-18 April 2013 in a trip organised by the conveners of the International Dispute Settlement courses at the two universities (Antonios Tzanakopoulos and Christian J Tams, respectively) […]

Oxford Participates in the International Rounds of Jessup Moot Court Competition

The four-member University of Oxford team comprising of second year undergraduate students Rajkiran Barhey (Hertford), Jiahui Huang (Magdalen), Danny Tang (Harris Manchester) and Daryl Ho (Balliol) participated in the international rounds of the 54th Philip C. Jessup International Law Moot Court Competition held in Washington D.C […]

Unfinished business? The final diplomatic conference on the Arms Trade Treaty

photo of Gilles Giacca

Programme Co-ordinator of the Oxford Martin School Programme on Human Rights for Future Generations Dr Gilles Giacca is closely following the United Nations Conference on the Arms Trade Treaty in New York […]

Volterra Fietta Scholarship in Public International Law

The Faculty of Law is delighted to announce the creation of the Volterra Fietta Scholarship in Public International Law […]

Discussion Groups

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

Public International Law Discussion Group

Publications

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Showing all 204 Public International Law publications currently held in our database
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Journal Articles

2014

A Tzanakopoulos, 'National Treatment and MFN in the (Invisible) EU Model BIT' (2014) 15 Journal of World Investment & Trade 484 [...]

DOI: 10.1163/22119000-01504007

This article discusses the potential provisions on national treatment and MFN to be included in a future EU Model BIT against the background of the leaked draft text of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) investment chapter. It concludes that the EU treaty practice seems to be closer to investment protection models influenced by NAFTA, such as those prevalent in the Canada and US Model BITs, and that a future EU Model BIT along these lines will depart significantly from the investment treaty practice of EU Member States.


ISBN: 1660-7112

A Tzanakopoulos, 'Strengthening Security Council Accountability for Sanctions: The Role of International Responsibility' (2014) 19 Journal of Conflict and Security Law (forthcoming) [...]

DOI: 10.1093/jcsl/kru017

The UN Security Council wields immense power under Article 41 of the Charter, a power that it has not shied away from employing regularly over the past two and a half decades. As the use of the sanctioning power of the Security Council increased, so did the calls for holding the exercise of that power to account. This article argues that legal accountability, that is, international responsibility is the form of accountability best suited for controlling the sanctioning power of the Security Coun-cil. It demonstrates how the UN can be held responsible by the UN Membership for Security Council excesses in the exercise of its powers, and argues that the ancillary obligation of transparency operationalises decentralised control of the Council by the UN Member States. It concludes that decentralised legal accountability, though risky, is effective and has even induced the Security Council to establish or improve internal mechanisms enhancing accountability for sanctions.


ISBN: 1467-7954

J Vidmar, 'International Community and Abuses of Sovereign Powers' (2014) 35 Liverpool Law Review 193

J Vidmar, 'Judicial Interpretations of Democracy in Human Rights Treaties' (2014) Cambridge Journal of International and Comparative Law 532

J Vidmar, 'States, Governments, and Collective Recognition' (2014) Chinese (Taiwan) Yearbook of International Law and Affairs (forthcoming)

J Vidmar, 'The Scottish Independence Referendum in an International Context' (2014) 51 Canadian Yearbook of International Law (forthcoming)

2013

D Akande and Thomas Lieflaender, 'Clarifying Necessity, Imminence, and Proportionality in the Law of Self-Defense' (2013) 107 American Journal of International Law 563

E Bjorge, 'The Courts and the ECHR: A Principled Approach to the Strasbourg Jurisprudence' (2013)

S Rayner, C Heyward, T Kruger and others, 'The Oxford Principles ' (2013) Volume 121, Issue 3 Climatic Change 499 [...]

Scientific momentum is increasing behind efforts to develop geoengineering options, but it is widely acknowledged that the challenges of geoengineering are as much political and social as they are technical. Legislators are looking for guidance on the governance of geoengineering research and possible deployment. The Oxford Principles are five high-level principles for geoengineering governance. This article explains their intended function and the core societal values which they attempt to capture. Finally, it proposes a framework for their implementation in a flexible governance architecture through the formulation of technology-specific research protocols. • This article is part of a special issue on “Geoengineering Research and its Limitations” edited by Robert Wood, Stephen Gardiner, and Lauren Hartzell-Nichols.


M Lee, C Armeni, J de Cendra, S Chaytor, S Lock, M Maslin, Y and others, '‘Public Participation and Climate Change Infrastructure ' (2013) 25 (1) Oxford Journals 33 [...]

This article explores the space for public participation during the consenting process for a nationally significant wind energy or carbon capture and storage infrastructure project. Legal obligations to provide opportunities for public involvement in these processes can be found in national, EU and international law. However, an examination of strategic planning policy suggests that in practice, very little will be up for discussion at this stage. This is consistent with a certain mistrust of the public in high-level policy discourse on the technological change thought necessary for climate change mitigation. Legally entrenched rights to participate, coupled with limited opportunities to influence, create the danger that participation becomes a simple bureaucratic hurdle, frustrating for all concerned.


D Sarooshi, 'Provisional Measures and Investment Treaty Arbitration' (2013) 29 Arbitration International 361

A Tzanakopoulos and CJ Tams, 'Domestic Courts as Agents of Development of International Law' (2013) 26 Leiden Journal of International Law 531 [...]

DOI: 10.1017/S0922156513000228

The introductory paper to a symposium issue of the Leiden Journal of International Law, edited by the authors, dealing with the function of domestic courts as agents for the development of international law. The paper 'sets the scene' for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organisations/human rights, and the law of armed conflict/conduct of hostilities. It discusses the formal quality and actual influence of domestic court decisions on the development of international law, and introduces the concept of 'agents' of international law development. This is the analytical perspective that the contributions to the symposium adopt.


ISBN: 0922-1565

A Tzanakopoulos, 'L'invocation de la théorie des contre-mesures en tant que justification de la désobéissance au Conseil de sécurité' (2013) 46 Revue belge de droit international 78 [...]

This paper discusses (in French) whether countermeasures can be invoked as a justification for disobeying binding decisions of the Security Council under Chapter VII of the UN Charter. The first part establishes how the Security Council may engage the international responsibility of the UN and who should be allowed to determine that such engagement has in fact taken place. The second part argues that disobedience of illegal sanctions adopted by the Council may be justified under international law as a countermeasure in response to the Council's (the UN's) internationally wrongful act.


ISBN: 0035-0788

E De Wet and J Vidmar, 'Conflicts between International Paradigms: Hierarchy versus Systemic Integration' (2013) Global Constitutionalism 196

J Vidmar, 'Democracy and Regime-Change in the post-Cold War International Law' (2013) New Zealand Journal of Public and International Law 349

J Vidmar, 'Palestine and the Conceptual Problem of Implicit Statehood' (2013) 12 Chinese Journal of International Law 19

J Vidmar, 'Rethinking Jus Cogens after Germany v. Italy: Back to Article 53?' (2013) 60 Netherlands International Law Review 1

J Vidmar, 'Territorial Integrity and the Law of Statehood' (2013) 44 George Washington International Law Review 697

J Vidmar, 'Unilateral Secession in a Multipolar World' (2013) 107 Proceedings of the American Society of International Law 215

2012

D Akande, 'The Effect of Security Council Resolutions and Domestic Proceedings on State Obligations to Cooperate with the ICC' (2012) 10 Journal of International Criminal Justice 299 [...]

Abstract:

The article considers whether the obligations of states, which have been referred to the International Criminal Court (ICC) by the United Nations Security Council, are the same as the cooperation obligations of states parties to the ICC Statute. It is argued that despite the lack of clarity in the resolutions referring the situation in Darfur and in Libya to the ICC, the better view is that the obligation imposed on Sudan and Libya to 'cooperate fully' with the ICC should be regarded as an obligation to cooperate in accordance with the provisions of the ICC Statute. This means that those states are entitled to benefit from those limited provisions of the ICC Statute that permit a refusal to cooperate with the Court or permit the state to postpone the execution of a request by the Court for assistance. The article also considers the interaction between the obligations of states to cooperate with the ICC and domestic proceedings against those sought for ICC prosecution. It considers the extent to which the obligation of cooperation may be suspended by an admissibility challenge and addresses whether the permission to suspend the obligation of cooperation may extend to a suspension of the obligation to surrender an accused person to the ICC.


ISBN: 1478-1387

C Redgwell, 'UNCLOS and Climate Change, ' (2012) ASIL Proceedings, American Society of International Law 406

J Vidmar, 'Conceptualizing Declarations of Independence in International Law' (2012) Oxford Journal of Legal Studies 153

J Vidmar, 'Explaining the Legal Effects of Recognition' (2012) International and Comparative Law Quarterly 361

J Vidmar, 'South Sudan and the International Legal Framework Governing the Emergence and Delimitation of New States' (2012) Texas International Law Journal 541

2011

D Akande, C. Jalloh and M. du Plessis, 'Assessing the African Union Concerns about Article 16 of the Rome Statute of the International Criminal Court' (2011) 4 African Journal of Legal Studies 5 [...]

DOI: 10.1163/170873811X563947

This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the Sudanese leader. Given the AU’s continued concerns, and the current impasse, fundamental questions have arisen about the Council’s authority to exercise, or not exercise, its deferral power. This culminated into a November 2009 African proposal for an amendment to the Rome Statute to empower the UN General Assembly to act should the UNSC fail to act on a deferral request after six months. Although ICC States Parties have so far shown limited public support for the AU’s proposed amendment to the deferral provision, this article examines its merits because a failure to engage the “Article 16 problem” could impact international accountability efforts in the Sudan, and further damage the ICC’s credibility in Africa. This unresolved issue also has wider significance given that the matters underlying the tension – how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the Council in ICC business – will likely arise in future situations from around the world.


ISBN: 2210-9730

C Redgwell, 'Geoengineering the Climate: Technological Solutions to Mitigation Failure or Continuing Carbon Addiction?' (2011) Vol. 5 Issue 2 Carbon and Climate Law Review 178 [...]

This article considers the complex and controversial issue of climate geoengineering, examining the international legal framework for regulating large-scale interventions in the Earth's natural climate system to offset emissions and to avoid catastrophic climate change. It uses the injection of sulphate aerosols into the stratosphere and ocean iron fertilization as examples. It sets out the fragmented nature of the international legal framework which might regulate geoengineering, and the contours of any possible future legal response. The article concludes that the emergence at the international level of a single treaty dedicated to the regulation of all geoengineering methods is both unlikely and undesirable, favouring instead an approach based on a number of guiding principles for the governance of geoengineering research which are briefly elaborated. It suggests these could be applied against the backdrop of a general prohibition on deployment pending the fuller development of appropriate governance frameworks for specific geoengineering methods.


A Tzanakopoulos, 'Domestic Courts in International Law: the International Judicial Function of National Courts' (2011) 34 Loyola of Los Angeles International & Comparative Law Review 133 [...]

As the title suggests, this paper does not deal with 'international law in domestic courts' but rather with 'domestic courts in international law'. It seeks to ascertain whether domestic courts are assigned an international judicial function by international law, and whether and to what extent they are in fact assuming and exercising that function. The paper attempts to define the concept of an ‘international judicial function’ and argues that, because of the peculiar ‘directionality’ of a great many international obligations (which require implementation within the domestic jurisdiction), domestic courts are the first port of call and the last line of defense for the interpretation and application of international law. However, as organs of States, courts may engage the international responsibility of the State if their conduct results in the breach of an international obligation. This is why the exercise of the international judicial function of domestic courts is supervised by States, either through the submission of disputes to international courts, or, more usually, through decentralized reactions.


ISBN: 1533-5860

J Vidmar, 'The Kosovo Advisory Opinion Scrutinized' (2011) Leiden Journal of International Law 355

2010

D Akande, 'Clearing the Fog of War? The ICRC's Interpretive Guidance on Direct Participation in Hostilities' (2010) 59 International and Comparative Law Quarterly 180

D Akande and Sangeeta Shah, 'Immunities of State Officials, International Crimes and Foreign Domestic Courts' (2010) 21 European Journal of International Law 815 [...]

DOI: 10.1093/ejil/chq080

This article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes. We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime. We argue that personal immunity (immunity ratione personae) continues to apply even where prosecution is sought for international crimes. Also we consider that instead of a single category of personal immunity there are in fact two types of such immunity and that one type extends beyond senior officials such as the Head of State and Head of Government. Most of the article deals with functional immunity (immunity ratione materiae). We take the view that this type of immunity does not apply in the case of domestic prosecution of foreign officials for most international crimes. However, we reject the traditional arguments which have been put forward by scholars and courts in support of this view. Instead we consider the key to understanding when functional immunity is available lies in examining how jurisdiction is conferred on domestic courts.


ISBN: 0938-5428

D Sarooshi, '‘The Recourse to the Use of Force by the United Nations’' (2010) 104 American Society of International Law Proceedings 1

CJ Tams and A Tzanakopoulos, 'Barcelona Traction at 40: The ICJ as an Agent of Legal Development' (2010) 23 Leiden Journal of International Law 781 [...]

DOI: 10.1017/S0922156510000361

The article revisits the Barcelona Traction judgment of the International Court of Justice, rendered forty years ago. It evaluates the lasting influence of the Court's pronouncements on the nationality of corporations and on obligations erga omnes, and uses the case to illustrate the Court's role as an influential agent of legal development. In this respect, it identifies a number of factors that can help to explain under which circumstances judicial pronouncements are likely to shape the law.


ISBN: 0922-1565

A Tzanakopoulos, 'United Nations Sanctions in Domestic Courts: From Interpretation to Defiance in Abdelrazik v Canada' (2010) 8 Journal of International Criminal Justice 249 [...]

DOI: 10.1093/jicj/mqq006

Domestic courts are increasingly being seized by persons subjected to or affected by sanctions imposed by the UN Security Council, particularly through the regime established under Resolution 1267. In Abdelrazik v. Canada, the Canadian Federal Court ‘interprets away’ the obligations of Canada under the 1267 regime, potentially forcing upon the state a breach of its international obligations under the resolution and the UN Charter. But at the same time it offers an important — if implicit — justification for that breach under international law.


ISBN: 1478-1387

J Vidmar, 'Confining International Borders in the Practice of Post-1990 State Creations' (2010) Heidelberg Journal of International Law 319

J Vidmar, 'Multiparty Democracy: International and European Human Rights Law Perspectives' (2010) Leiden Journal of International Law 209

J Vidmar, 'Remedial Secession in International Law: Theory and (Lack of) Practice' (2010) St Antony's International Review 37

J Vidmar, 'The Problem of International Constitutionalism: Can International Law Operate Vertically?' (2010) Proceedings of the Annual Conference of the Australian and New Zealand Society of International Law

J Vidmar, 'The Right of Self-Determination and Multiparty Democracy: Two Sides of the Same Coin?' (2010) Human Rights Law Review 239

2009

D Akande, 'The Legal Nature of the Security Council Referrals to the ICC and its Impact on Al Bashirs Immunities' (2009) 7 Journal of International Criminal Justice 333 [...]

DOI: 10.1093/jicj/mqp034

This article considers whether states are obliged or permitted to arrest Sudanese President Omar al Bashir pursuant to a warrant of arrest issued by the International Criminal Court (ICC). The article considers the extent to which the ICC Statute removes immunities which would ordinarily be available to state officials. It is argued that the removal of the immunity by Article 27 of the ICC Statute applies also at the national level, when national authorities act in support of the ICC. The article examines the application of Article 98 of the ICC Statute and considers the legal nature of Security Council referrals to the ICC. It is argued that the effect of the Security Council referral is that Sudan is to be regarded as bound by the ICC Statute and thus by Article 27. Given that the Statute operates in this case not as a treaty but by virtue of being a Security Council resolution, the removal of immunity operates even with regard to non-parties. However, since any (implicit) removal of immunity by the Security Council would conflict with customary international law and treaty rules according immunity to a serving head of state, the article considers the application of Article 103 of the United Nations (UN) Charter in this case.


ISBN: 1478-1387

J Vidmar, 'International Legal Responses to Kosovo's Declaration of Independence' (2009) Vanderbilt Journal of Transnational Law 779

2008

D Sarooshi, 'The Role of Domestic Public Law Analogies in the Law of International Organizations' (2008) 5 International Organizations Law Review 237

2007

D Akande, 'Are there Limits to the Powers of the Security Council? in Old Questions and New Challenges for the UN Security System' (2007) V Journal of International Law and Policy

J Vidmar, 'Montenegro's Path to Independence: A Study of Self-Determination, Statehood and Recognition' (2007) Hanse Law Review 73

2006

D Sarooshi, 'The Move from Institutions: the case of the WTO' (2006) 100 American Society of International Law Proceedings 298

A Tzanakopoulos, 'Floating Storage Units as Ships under the 1992 CLC/Fund Regime: The View from the Hellenic Supreme Court' (2006) 59 Revue hellénique de droit international 701

2005

D Sarooshi, 'The Future of the WTO and its Dispute Settlement System' (2005) 2(1) International Organizations Law Review 129

D Gunton, M Livermore and A Tzanakopoulos, 'A Global Administrative Law Bibliography' (2005) 68 Law & Contemporary Problems 357

2004

A V Lowe, M. Fitzmaurice and O. Elias, 'Northern European Co-operation regarding Watercourses' (2004) Watercourse Co-operation in Northern Europe/TMC Asser Press 95

A V Lowe, 'The Place of Dr Thomas Baty in the International Law Studies of the 20th Century' (2004) The Commemorative Seminar for Dr Thomas Baty: Contributions of Dr Thomas Baty and Their Reappraisal/University of Tokyo

D Sarooshi, 'Conferrals by States of Powers on International Organizations: The Case of Agency' (2004) 74 The British Year Book of International Law 291

D Sarooshi, 'The Essentially Contested Nature of the Concept of Sovereignty: Implications for the Exercise by International Organizations of Delegated Powers of Government' (2004) 25 Michigan Journal of International Law 1107

D Sarooshi, 'The Landmark WTO US v. Mexico case' (2004) 36 Commonwealth Secretariat Trade Topics 1

D Sarooshi and R. Volterra, 'The WTO and the Importance of International Law for Business' (2004) March Special Feature – WTO, European Lawyer 27

D Sarooshi, '‘Sovereignty, Economic Autonomy, the United States, and the International Trading System: Representations of a Relationship’' (2004) 15(4) European Journal of International Law 651

D Sarooshi, '‘The Nature of the Concept of Sovereignty: Implications for the Exercise by International Organizations of Powers of Government’' (2004) 25 Michigan Journal of International Law 1107

A Tzanakopoulos, 'Provisional Measures Indicated by International Courts: Emergence of a General Principle of International Law' (2004) 57 Revue hellénique de droit international 53

2003

D Akande, 'The Jurisdiction of the International Criminal Court over Nationals of Non-Parties: Legal Basis and Limits' (2003) (2003)1 Journal of International Criminal Justice 618 [...]

This article examines the jurisdiction of the International Criminal Court (ICC) over nationals of states not party to the ICC Statute. The article first addresses the US argument that the exercise of ICC jurisdiction over nationals of non-parties without the consent of that non-party would be contrary to international law. The author considers the principles which support the delegation of criminal jurisdiction by states to international tribunals and discusses the precedents for such delegations. It is further argued that the exercise of ICC jurisdiction over acts done pursuant to the official policy of a non-party state would not be contrary to the principle requiring consent for the exercise of jurisdiction by international tribunals. Finally, the article explores the limits to the jurisdiction of the ICC over non-party nationals. In particular, the article addresses the circumstances in which ICC parties are precluded from surrendering nationals of non-parties to the ICC.


A V Lowe and others, 'The International Tribunal for the Law of the Sea: Survey for 2002' (2003) Vol 18, No. 4, 2003 International Journal of Marine and Coastal Law 447

A V Lowe, 'The Iraq Crisis: What Now?' (2003) 52(4) International and Comparative Law Quarterly 859

A V Lowe, 'The Rule of Law: Thinking of an Order in the International Society' (2003) 177(2003) Gaiko Forum 24

2002

A V Lowe, 'The International Tribunal for the Law of the Sea: Survey for 2001' (2002) Vol 17, 2001 International Journal of Marine and Coastal Law 463

2001

A V Lowe, 'The International Tribunal for the Law of the Sea: Survey for 2000' (2001) Vol 16, 2001 International Journal of Marine and Coastal Law 549

D Sarooshi, 'Command Responsibility and the Blaskic case' (2001) 50 ICLQ 452

D Sarooshi, '‘Aspects of the Relationship between the International Criminal Court and the United Nations’' (2001) 32 Netherlands Yearbook of International Law 27

2000

D Sarooshi, 'The Role of the UN Secretary-General in UN Peace-Keeping' (2000) 20 Australian Yearbook of International Law 279

D Sarooshi, '‘The UN and the Establishment of Peace’' (2000) 53 Current Legal Problems 621

1999

D Sarooshi, '‘The Statute of the International Criminal Court’' (1999) 48 ICLQ 387

D Sarooshi, '‘What Role For NATO in the Maintenance of Peace?’' (1999) 52 Current Legal Problems 473

1998

D Akande, 'The Competence of International Organizations and the Advisory Jurisdiction of the International Court of Justice' (1998) 8 European Journal of International Law 437

D Sarooshi, 'The Powers of the United Nations International Criminal Tribunals' (1998) 2 Max Planck Yearbook of UN Law 141

1997

D Akande, 'The International Court of Justice and the Security Council: Is there Room for Judicial Control of Decisions of the Political Organs of the United Nations' (1997) 46 International and Comparative Law Quarterly 309

1996

D Akande, 'The Legal Imperatives toward Supranationalism Inherent in the Process of Economic Integration' (1996) 8 Proceedings of the Annual Conference of the African Society of International and Comparative Law 103

D Akande, 'The Role of the International Court of Justice in the Maintenance of International Peace' (1996) 8 African Journal of International and Comparative Law 592

D Sarooshi, 'The Legal Framework Governing United Nations Subsidiary Organs' (1996) 67 The British Year Book of International Law 413

1994

D Akande, S. Davis, M. Guerts and T. Doyle, 'New Trends in United Nations Peacekeeping" - a section in “Recent Developments in International Law 1993' (1994) European Law Students’ Association Law Review 71

Books

2014

A. Clapham, S. Casey-Maslen, G. Giacca and S. Parker, The Arms Trade Treaty: A Commentary (Oxford University Press 2014) (forthcoming)

C Redgwell, Energy Law in Europe: National, EU and International Regulation (Martha Roggenkamp, Anita Rønne, Iñigo del Guayo, 3rd edn, Oxford University Press 2014) (forthcoming) [...]

A fully updated, comprehensive review of the most important legal developments in all parts of the energy chain in the European Energy sector since the last edition, with new treatment of Poland amongst the nine key energy-producing jurisdictions •Analyses in detail the national, regional (EU) and international dimensions of energy law and policy, with separate chapters on international law affecting the energy sector and environmental law, the Energy Charter Treaty and EU regulation of the energy sector •Examines both the legal framework for the exploration and production of oil and gas, the gas and electricity sector, and the consequences of EC liberalization for these sectors, the (national) legal issues regarding the nuclear sector and the legal instruments promoting energy savings, efficiency and renewables within the framework of the Kyoto protocol •Written by a team of specialist academics and practitioners offering in-depth coverage of energy law, trade and regulation at national and international levels New to this edition •New commercially focused chapter on standard agreements in European Energy Trade •New chapter on EU External Relations in the energy sector, which serves to highlight increased cooperation in the energy field with key actors such as Russia, and to locate EU energy developments within a wider Euro-Mediterranean context •To reflect the increased emphasis on transborder cooperation, the book will include new sections in each national chapter focusing on bilateral and plurilateral cooperation within the EU context, complementing the treatment in the EU external relations chapter •New national survey chapter on Energy Law in Poland The energy sector in Europe has changed rapidly over the last few years under the influence of trends towards globalization, liberalization, competition, de-monopolization, and strengthening of regulation in the field. The new edition of this book builds on the success of the first in providing an updated overview of these important developments at both international and European levels, covering the most important principles of international law of relevance to the energy sector. A chapter dedicated to comparison of legal developments across Europe addresses the increasingly important question of whether we are heading towards an international energy market. New chapters on European Union External Energy Relations and Standard Agreements in European Energy Trade highlight growing cooperation in the energy field with major producers such as Russia, and the standards for trading energy in an integrated geographical market, including analysis of the product markets, as well as the relevant legal instruments and master agreements. The book also focuses on the implementation of the significant Energy Directives, and the constitutional and regulatory framework in the key energy-producing jurisdictions in the EU: Denmark, France, Germany, Italy, the Netherlands, Norway, Poland, Spain and the United Kingdom. The national coverage emphasises trans-border collaboration by examining bilateral and multilateral cooperation within the context of the European Union. There is also updated analysis of developments in these countries in every energy sector, including oil, gas, nuclear energy, and in response to the Kyoto protocol, to renewables and emissions, with the extent of coverage determined by the resource base of each country. Readership: Practitioners and academics specializing in the energy sector (oil companies, utilities, government, law firms) in Europe and worldwide; international organisations; energy law students; reference libraries in the UK and worldwide.


D Sarooshi, Remedies and Responsibility for the Actions of International Organizations (D Sarooshi, Martinus Nijhoff, Hague Academy of International Law Imprint 2014)

2013

G S Goodwin-Gill, Palestine, UN Membership and Popular Representation: International Legal Challenges and Strategic Options (Mutaz Qafisheh, Cambridge Scholars Publishing 2013)

J Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Hart Publishing 2013)

2012

E De Wet and J Vidmar, Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

2011

A Tzanakopoulos, Disobeying the Security Council - Countermeasures against Wrongful Sanctions (Oxford University Press 2011) [...]

DOI: 10.1093/acprof:oso/9780199600762.001.0001

This book examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law. The Council may overstep limits on its power imposed by the UN Charter itself and by general international law, including human rights guarentees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. Disobeying the Security Council discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be determined; in other words, how the UN can be held to account for Security Council excesses.


ISBN: 978-0-19-960076-2

2010

C Redgwell, M. Bowman and P. Davies, Lyster's International Wildlife Law (2nd edn, Cambridge University Press 2010) [...]

The development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition of Lyster's International Wildlife Law coincides with both the UN Year of Biological Diversity and the twenty-fifth anniversary of Simon Lyster's first edition. The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work for scholars, practitioners and policy-makers alike.


2009

A V Lowe and with S.A.G. Talmon, Basic Documents on the Law of the Sea: The Legal Order of the Oceans (Hart Publishing 2009) [...]

This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.


ISBN: 1841138231/97818411

C Redgwell, Patricia Birnie and Alan Boyle, International Law and the Environment (3rd edn, Oxford University Press 2009) [...]

Coverage that provides a thorough grounding in the underlying principles with the added benefit of incisive criticism and commentary •Clear introductions and conclusions to chapters ensure students are guided through the subject and focus on the key issues •With detailed endnotes and a thorough bibliography the book offers a platform to a wealth of references to wider academic sources for advanced study and research New to this edition •Increased coverage of Genetically Modified Organisms and biotechnology •Extended analysis of ethics and the environment •New material on the International Maritime Organisation and Non Governmental Organisations •Increased use of sub-headings and summaries As conservation of the environment plays an increasingly important role within society, International Law and the Environment continues to be the essential read for students and practitioners alike.


2007

D Sarooshi, International Organizations and Their Exercise of Sovereign Powers (OUP: Oxford Monographs in International Law Series 2007)

2006

A Tzanakopoulos, Ο δεσμευτικός χαρακτήρας των προσωρινών μέτρων που υποδεικνύουν τα διεθνή δικαστήρια (Εκδόσεις Αντ Ν Σάκκουλα 2006) [...]

Abstract: This book deals with the binding force of provisional measures of protection indicated by international courts and tribunals.

ISBN: 960-15-1599-2

2005

D Sarooshi, International Organizations and Their Exercise of Sovereign Powers (Oxford Monographs in International Law Series) (OUP 2005) [...]

This 2005 hardback edition of this book was awarded the 2006 Myres S. McDougal Prize by the American Society for Policy Sciences, and also the 2006 American Society of International Law book prize (Preeminent Contribution to Creative Scholarship).


ISBN: 978-0-19-922577-4

2004

D Sarooshi and M.Fitzmaurice, Issues of State Responsibility before International Judicial Institutions (Clifford Chance Series Volume VII 2004)

2000

D Sarooshi, United Nations and the Development of Collective Security: the Delegation by the UN Security Council of its Chapter VII Powers (OUP 2000)

Chapters

2015

A Tzanakopoulos, 'Judicial Dialogue as a Means of Interpretation' in HP Aust and G Nolte (eds), Interpretation of International Law by Domestic Courts (Oxford University Press 2015) (forthcoming) [...]

This chapter discusses whether judicial dialogue on international law between domestic courts may be conceptualised as a new means of interpretation--beyond the Vienna Convention on the Law of Treaties. After defining 'dialogue' and presenting its various potential iterations, the chapter argues that in fact judicial dialogue between domestic courts is required under international law, including the Vienna Convention. This is because domestic court decisions on international law may constitute subsequent practice which is to be taken into consideration when interpreting a treaty, in accordance with Article 31(3)(b) VCLT. But domestic court decisions may also constitute practice and/or reflect opinio juris, which domestic courts must find in order to determine the existence and content of customary international law. As such, domestic courts must engage with the relevant decisions on international law by domestic courts in other jurisdictions. They must engage in judicial dialogue as a means for interpreting international law.


2014

G. Giacca, 'Economic, Social and Cultural Rights in Occupied Territories' in A. Clapham, P. Gaeta and M. Sassòli (eds), The 1949 Geneva Conventions: A Commentary (Oxford University Press 2014) (forthcoming)

G. Giacca, 'The Obligation to Respect, Protect, Collect and Care for ' in A. Clapham, P. Gaeta and M. Sassòli (eds), The 1949 Geneva Conventions: A Commentary (Oxford University Press 2014) (forthcoming)

C Redgwell and L. Rajamani, 'Energy Underground: What’s International Law Got To Do With It? ' in Donald N. Zillman, Aileen McHarg, Adrian Bradbrook and Lila Barrera-Hernandez (eds), (Oxford University Press 2014) [...]

This chapter examines the international law applicable to ‘energy underground’. It considers the extent to which existing treaty and customary law, as well as soft law, are adequate for the regulation of new subsurface energy activities. It shows that existing international law and institutions have largely addressed new subsurface activities involving new transformative technologies for using energy resources. However, there are heightened concerns regarding the environmental risks and social impacts of upstream unconventional hydrocarbon extraction activities, which are reflected in public opposition and in regulatory responses. Key international regulatory gaps also remain for some aspects of energy underground, most notably with respect to the current issues regarding; firstly, transboundary movement of carbon dioxide; secondly, the seemingly intractable inter-generational issue of the long-term storage of nuclear waste and liability; and, finally, the legal status and use of shared oil and gas reservoirs.


C Redgwell, 'International Environmental Law' in M. Evans (ed), International Law (Oxford University Press 2014) [...]

Evans' International Law provides wide-ranging analysis of all the key issues and themes in public international law and brings together an outstanding collection of interesting and diverse writings from the leading scholars in the field. The fourth edition succeeds both in explaining the principles of international law and exposing the debates and challenges that underlie it. Now fully revised and updated, it continues to provide an authoritative and stimulating overview of this increasingly important subject; revealing international law in its full diversity.


D Sarooshi, 'Responsibility, Immunities, and Remedies for the Acts of International Organizations' in D. Sarooshi (ed), Responsibility, Immunities, and Remedies for the Acts of International Organizations (Martinus Nijhoff, Hague Academy of International Law Imprint 2014) (forthcoming)

A Tzanakopoulos, 'Domestic Judicial Law-Making' in CM Brölmann and Y Radi (eds), Research Handbook on the Theory and Practice of International Law-Making (Edward Elgar 2014) (forthcoming) [...]

This contribution to the Research Handbook on the Theory and Practice of International Law-Making discusses the law-making potential of domestic courts. Given the seemingly strict 'dualist' approach of international law to domestic law and domestic court decisions ('merely facts'), the paper demonstrates the modest international law-developing function of domestic courts: it first details their methods in engaging international law, and then discusses the impact of such engagement. It concludes that domestic courts may, in terms of content, fine-tune rules of international law rather than set grand principles. In terms of process, this is done by 'suggesting' the fine-tuning, rather than in any way single-handedly developing international law.


A Tzanakopoulos, 'L'intervention du Conseil de sécurité dans les conflits internes' in C Bannelier and C Pison (eds), Le recours à la force autorisé par le Conseil de sécurité: droit et responsabilité (Pedone 2014) [...]

Abstract: This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.

This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.


ISBN: 978-2-233-00706-3

S-I Lekkas and A Tzanakopoulos, 'Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties' in CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) [...]

DOI: 10.4337/9780857934789.00020

This paper explores the presumptive tension between the pacta sunt servanda rule (the rule that commitments ought to be honoured) and the possibility for unilateral or consensual suspension or termination of treaties. It argues that the pacta sunt servanda rule seems able to accommodate the various methods of suspension or termination: under the general international law of treaties, termination or suspension is not actually unilateral; only the invocation of relevant grounds is. Further, both grounds for suspension or termination, as well as defences under the law of responsibility (which achieve results similar to suspension) are narrow and thus hard to invoke successfully. Finally, the law allows states to devise their own exit clauses in treaties. This leads to very broad exit clauses allowing for unilateral termination or withdrawal. This however being part of the pactum, it does not formally put pressure on the pacta sunt servanda rule.


ISBN: 978 0 85793 477 2

A Tzanakopoulos, 'Préambule' in R Kolb (ed), Le Pacte de la Société des Nations : Commentaire article par article (Pedone 2014) (forthcoming) [...]

Abstract: Commentary of the Preamble of the League of Nations Covenant in French.

A Tzanakopoulos, 'The Solange Argument as a Justification for Disobeying the Security Council in the Kadi Judgments' in M Avbelj, F Fontanelli and G Martinico (eds), Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment (Routledge 2014) [...]

The Kadi judgments of the courts of the EU have received enormous scholarly attention and have had significant practical impact. And reasonably so: they are landmark decisions, with numerous implications for several crucial issues, from the relationship between different legal orders to the primacy of Security Council decisions, from the required level of protection of fundamental human rights in the application of coercive measures against individuals to the competence of the EU, and so forth. This brief study focuses on one particular aspect of the Kadi decisions: their employment of the Solange argument as a justification for disobeying the Security Council by not implementing its binding decisions.


ISBN: 978-0-415-64031-2

CJ Tams and A Tzanakopoulos, 'Use of Force' in J d'Apremont, J Kammerhofer (eds), International Legal Positivism in a Postmodern World (Cambridge University Press 2014) [...]

The paper assesses the legal regime governing recourse to force from the perspective of 'contemporary positivism'. It provides a basic introduction to positivist international law and its critique and charts how positivism, faced with decades of anti-positivist critique, has adjusted itself. More specifically, it analyses how in response to criticism, positivism has embraced a more 'liberal' approach to the identification of sources. Applying these findings to the specific problem of military force, the paper outlines the main challenges facing a positivist understanding of the jus ad bellum. These are (i) the loss of predictability of the legal rules (''anything goes"), which is a consequence of the liberalisation of sources; and (ii) the attraction, even among positivist scholars, to invoke "quasi-legal" arguments based on legitimacy, morals or political necessity.


ISBN: 9781107019263

J Vidmar, 'Abusive Governments as a Threat' in M Footer, J Schmidt, N White (eds), Security and International Law (Hart Publishing 2014) (forthcoming)

J Vidmar, 'The International Community Interest within a State-Centric Legal System' in W Benedek, K de Feyter, M Kettemann, C Voigt (eds), The Common Interest in International Law (Intersentia 2014) (forthcoming)

2013

E Bjorge, 'Right for the Wrong Reasons: Silih v Slovenia and Jurisdiction Ratione Temporis in the European Court of Human Rights' in British Yearbook of International Law ( 2013)

C Redgwell, 'The Wrong Trousers: State Responsibility and International Environmental Law ' in M. Evans and P. Koutrakos (eds), The International Responsibility of the European Union – European and International Perspectives (Hart Publishing 2013) [...]

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.


D Sarooshi, 'International Organizations and State Responsibility' in M. Ragazzi (ed), The Responsibility of International Organizations: Essays in memory of Sir Ian Brownlie (Martinus Nijhoff 2013) (forthcoming)

D Sarooshi and A. Tzanakopoulos, 'International Organizations before United Kingdom Courts' in August Reinisch and Gregor Novak (eds), Transnational Judicial Dialogue of Domestic Courts on International Organizations ( 2013)

A Tzanakopoulos, 'The Countermeasure of Disobedience: Implementing the Responsibility of International Organisations' in M Ragazzi (ed), The Responsibility of International Organisations: Essays in Memory of Sir Ian Brownlie (Martinus Nijhoff Publishers 2013) [...]

DOI: 10.1163/9789004256088_031

This short study in memory of Sir Ian Brownlie QC discusses the countermeasure of disobedience as a means of implementation of the responsibility of international organisations. Focusing on Security Council sanctions under Chapter VII of the Charter, it argues that actions of the Security Council may be illegal and thus engage the responsibility of the UN. It then argues that disobedience of such sanctions on the part of States may qualify as a countermeasure against the Organisation. This legal characterisation of disobedience has significant advantages over the 'invalidity theory' in that it subjects decentralised reaction to a specific legal framework.


ISBN: 9789004256071

AV Lowe and A Tzanakopoulos, 'The Development of the Law of the Sea by the International Court of Justice' in J Sloan and CJ Tams (eds), The Development of International Law by the International Court of Justice (Oxford University Press 2013) [...]

This paper surveys and evaluates the contribution of the International Court of Justice to the development of the (public international) law of the sea. It does so by comparing the Court's contribution as against other 'competing' agents of development of international law, ie other adjudicators, codifiers, regulators, and lawmakers. It concludes that the impact of the Court on the law of the sea has not been great, and is now diminishing. However, it argues that the more important contribution of the Court lies less in its influence on the development of the law, and more in its authority in consolidating it.


ISBN: 978-0-19-965321-8

A Tzanakopoulos, 'The Permanent Court of International Justice and the “International Community”' in M Fitzmaurice, CJ Tams (eds), Legacies of the Permanent Court of International Justice (Martinus Nijhoff Publishers 2013) [...]

DOI: 10.1163/9789004244948_015

The purpose of this brief study is to gauge what the Permanent Court of Internation-al Justice might have had to say about the nebulous concept of the ‘international community’, as the Court administering the law of that community, but also developing it, thereby contributing to the stabilization and further integration of that community. This is done by ‘reverse-engineering’ the jurisprudence of the PCIJ, seeking to canvass how the Court understood the concept of the 'international community' and how it would have wanted it to evolve. The study surveys the Court’s case law for what are commonly accepted as the ‘hallmarks’ of an (international) community, or at least those commonly associated with the idea: the make-up of the community; the concept of obligations and action in the ‘general’ interest; and the existence of institutions providing protection of the community interest.


ISBN: 9789004244931

A Tzanakopoulos, 'Transparency in the UN Security Council' in A Bianchi, A Peters (eds), Transparency in International Law (Cambridge University Press 2013) [...]

DOI: 10.1017/CBO9781139108843.021

This paper discusses transparency in the working method of the United Nations Security Council. It describes the institutional design of the organ and the evolution of Security Council powers, and seeks to identify whether there is an obligation for the Council to act in a transparent manner in the exercise of its powers. The paper argues that transparency is an 'ancillary' obligation incumbent on the Council, to allow for decentralised control over the exercise of its powers by Member States of the UN. Transparency having no independent normative charge, we do not how much of it is good -- this is determined by a pattern of protest and reaction between the Security Council and the Member States called upon to implement its decisions.


ISBN: 978-1107021389

D Sarooshi and A Tzanakopoulos, 'United Kingdom' in A Reinisch (ed), The Privileges and Immunities of International Organizations in Domestic Courts (Oxford University Press 2013) [...]

DOI: 10.1093/acprof:oso/9780199679409.003.0016

This paper surveys and analyses the case law of United Kingdom courts on questions of personality and immunity of international organizations, as well as on the question of liability of members for the acts of the organization, focusing in particular on the various cases surrounding the collapse of the International Tin Council in the 1980s.


ISBN: 978-0-19-967940-9

J Vidmar, 'Human Rights and Democratic Legitimacy of Governments in International Law: Practice of States and UN Organs' in Panara, Wilson (eds), The 'Arab Spring': New Patterns for Democracy in International Law (M Nijhoff 2013)

J Vidmar, 'Unilateral Declarations of Independence in International Law' in French (ed), Statehood, Self-Determination and Minorities: Reconciling Tradition and Modernity in International Law (Cambridge University Press 2013)

2012

D Akande, 'Classification of Armed Conflicts: Relevant Legal Concepts' in Wilmshurst (ed), International Law and the Classification of Conflicts (OUP 2012) [...]

International humanitarian law governs the conduct of participants in an armed conflict. In order to determine whether it applies to situations of violence it is necessary to assess first of all whether the situation amounts to an ‘armed conflict’. However, international humanitarian law does not recognize a unitary concept of armed conflict but, rather, recognizes two types of armed conflicts: international and non-international. This chapter examines the history of the distinction between these two categories of armed conflict, the consequences of the distinction and whether it still has validity. The chapter then discusses legal concepts relevant to the two categories, including the differences between a non-international conflict and other violence, extraterritorial hostilities by one State against a non-state armed group and conflicts in which multinational forces are engaged. All these concepts are relevant to the understanding of the case studies which are the focus of the rest of the book.


ISBN: 978-0-19-965775-9

E. Riedel and G. Giacca, 'Article 68' in Bruno Simma et al. (ed), The Charter of the United Nations - A Commentary, (Oxford University Press 2012)

C Redgwell, 'Contractual and Treaty Arrangements Supporting Large European Transboundary Pipeline Projects: Can Adequate Human Rights and Environmental Protection Be Secured? ' in M. Roggenkamp, L. Barrera-Hernandez, D. Zillman and I. del Guayo (eds), Energy Networks and the Law: Innovative Solutions in Changing Markets (Oxford University Press 2012) [...]

This book investigates the challenges that face governments engaged in this renewal, particularly since in many cases these networks are, by necessity, international. The construction of new networks always involves the application of planning and environmental laws, and the complications these pose only increase as networks pass through the territory of several different countries. This book analyzes the evolution of this area from several angles, both geographical and legal. The authors combine knowledge and expertise from a variety of sources and backgrounds to present an invaluable overview of the regulatory developments and perspectives that shape the legal frameworks in which governments develop these networks, and the way in which account must be taken of new sources of energy by law-makers.


C Redgwell, 'International Legal Responses to the Challenges of a Lower Carbon Future: Energy Law for the Twenty-First Century ' in D Farrall, T Ahmed and D French (eds), Criminological and Legal Consequences of Climate Change (Hart Publishing 2012) [...]

This edited collection, the result of an international seminar held at the International Institute for the Sociology of Law, Oñati, Spain in 2010, explores the potential legal and criminological consequences of climate change, both domestically and for the international community. A novel feature of the book is the consideration given to the potential synergies between the two disciplinary foci, thus to encourage among legal scholars and criminologists not only an analysis of the consequences of climate change from these perspectives but to bring these fields together to provide a unique, inter-disciplinary exploration of the ways in which climate change does, or could, impact on our societies. Such an inter-disciplinary approach is necessary given that climate change is a multifaceted phenomenon and one which is intimately linked across disciplines. To study this topic from the point of view of a single social science discipline restricts our understanding of the societal consequences of climate change. It is hoped that this edited collection will identify emerging areas of concern, illuminate areas for further research and, most of all, encourage future academic discussion on this most critical of issues.


D Sarooshi, 'The United Nations Security Council' in J. Krieger, et al (eds), The Oxford Companion to International Relations (Oxford University Press 2012)

A Tzanakopoulos, 'Collective Security and Human Rights' in E de Wet, J Vidmar (eds), Hierarchy in International Law - The Place of Human Rights (Oxford University Press 2012) [...]

DOI: 10.1093/acprof:oso/9780199647071.003.0003

When the Security Council imposes binding obligations through decisions adopted under Chapter VII of the UN Charter it may impact on internationally protected human rights and the corresponding obligations of UN member states to respect these rights. Member states are then faced with potentially conflicting obligations. This contribution surveys the respective position of Security Council measures and human rights obligations in the (emergent) normative hierarchy of international law. It defines normative conflict and discusses state practice in order to establish whether Article 103 of the UN Charter is a conflict or a hierarchy rule and whether human rights obligations are subordinate to Security Council measures.


ISBN: 978-0-19-964707-1

A Tzanakopoulos, 'Domestic Courts as the “Natural Judge” of International Law: A Change in Physiognomy' in JR Crawford, S Nouwen (eds), Select Proceedings of the European Society of International Law (Hart Publishing 2012) [...]

This paper examines whether domestic courts can be cast as the ‘natural judges’ of international law. ‘Natural judge’ is meant here in the sense of the ‘immediate,’ ‘ordinary’ judge of international law, who can only be removed through a centrally instituted judge. Given the lack of a centrally organized international judicial system, the suggestion that domestic courts are the ‘ordinary judges’ of international law has significant repercussions on the physiognomy of the international legal system. Despite the fact that in some of the decisions the reasoning of the courts is based solely on domestic law, the domestic law relied on - typically fundamental rights - is of universal radiance, as evidenced by almost universally ratified treaties and customary international law. Domestic courts are then in fact applying law based on internationally agreed standards as the immediate judges, offering effective remedies for the violation of rights influenced or shaped by, or interpreted under, international law. This trend can signify the move to a more effective application of international law, one taking place in court, even if a domestic court, rather than by a decision of the executive to invoke responsibility of another actor, or bring an international claim.


ISBN: 9781849462020

AV Lowe and A Tzanakopoulos, 'Economic Warfare' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

This entry discusses economic measures which aim at reducing or destroying the enemy's war-fighting capability during armed conflict ('traditional' economic warfare) as well as peacetime measures which closely resemble traditional economic warfare, such as embargoes and collective economic sanctions.


ISBN: 978-0-19-929168-7

AV Lowe and A Tzanakopoulos, 'Humanitarian Intervention' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

This entry discusses 'humanitarian intervention' as an autonomous justification for the use of force in international law.


ISBN: 978-0-19-929168-7

A Tzanakopoulos, 'Judicial Dialogue in Multi-level Governance: the Impact of the Solange Argument' in OK Fauchald, A Nollkaemper (eds), The Practice of International and National Courts and the (De-) Fragmentation of International Law (Hart Publishing 2012) [...]

States increasingly 'contract out' their governmental authority in favour of international organizations. As a result, remedies available under domestic law to individuals and legal entities may no longer be available, leaving them without redress. (Domestic) courts have devised a method to react to such diminution of their jurisdiction, which at the same time comprises a message for various addressees and engages a dialogue on multiple levels. This method is shaped by the spirit and thrust of the argument the German Constitutional Court put forward in its Solange jurisprudence, and has the potential of fostering a harmonization of domestic and international law, as well as that of establishing a rudimentary normative hierarchy at the international level.


ISBN: 9781849462471

AV Lowe and A Tzanakopoulos, 'Minquiers and Ecrehos Case' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012)

AV Lowe and A Tzanakopoulos, 'Ships, Visit and Search' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

This entry surveys the right of visit and search of foreign merchant ships on the high seas under the traditional law of war, in the context of collective security, and during peacetime.


ISBN: 978-0-19-929168-7

AV Lowe and A Tzanakopoulos, 'The Abyei Arbitration' in The Abyei Arbitration (The Government of Sudan / The Sudan People's Liberation Movement/Army): Final Award of 2009 (Permanent Court of Arbitration 2012) [...]

An introduction to, and commentary of, the main findings of the Tribunal in the Abyei Arbitration between the Government of Sudan and the Sudan People's Liberation Movement/Army (Award of 22 July 2009), along with a brief consideration of the Award's (and the dispute's) aftermath.


ISBN: 978-94-91021-02-2

E De Wet and J Vidmar, 'Conclusions' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

E De Wet and J Vidmar, 'Introduction' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

J Vidmar, 'Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

2011

C Redgwell, 'Facilitation of Compliance ' in J Brunnee, M Doelle and L Rajamani (eds), Promoting Compliance in an Evolving Climate Regime (Cambridge University Press 2011) [...]

As the contours of a post-2012 climate regime begin to emerge, compliance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime's compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the literature on compliance theory and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance procedure to date and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, 'bottom-up' approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements.


A Tzanakopoulos, 'Article 67—Convention of 1969' in O Corten, P Klein (eds), The Vienna Conventions on the Law of Treaties—A Commentary (Oxford University Press 2011) [...]

Commentary to Article 67 of the 1969 VCLT.


ISBN: 978-0-19-954664-0

A Tzanakopoulos, 'Article 68—Convention of 1969' in O Corten, P Klein (eds), The Vienna Conventions on the Law of Treaties—A Commentary (Oxford University Press 2011) [...]

Commentary to Article 68 of the 1969 VCLT.


ISBN: 978-0-19-954664-0

A Tzanakopoulos, 'Denunciation of the ICSID Convention under the General International Law of Treaties' in R Hofmann, CJ Tams (eds), International Investment Law and General International Law - From Clinical Isolation to Systemic Integration? (Nomos Verlagsgesellschaft 2011) [...]

Following recent denunciations of (withdrawals from) the ICSID Convention by Bolivia and Ecuador and the spate of academic commentary that followed, this paper considers denunciation from the ICSID Convention under the general international law of treaties. It is argued that self-contained interpretation of the provisions on denunciation of the ICSID Convention do not yield any compelling results, leaving contrary positions plausible. The general international law of treaties offers the decisive argument with respect to the effects of denunciation of the Convention, and helps determine whether ICSID jurisdiction can be established after the date of effective withdrawal from the Convention.


ISBN: 978-3-8329-6729-1

J Vidmar, 'Kosovo: Unilateral Secession and Multilateral State-Making' in Summers (ed), Kosovo: A Precedent? The Declaration of Independence, the Advisory Opinion and Implications for Statehood, Self-Determination and Minority Rights (M Nijhoff 2011)

2010

TAO Endicott, '‘The Logic of Freedom and Power’ ' in Samantha Besson and John Tasioulas (eds), The Philosophy of International Law (Oxford University Press 2010) [...]

A state is sovereign if it has complete power within its political community, and complete external freedom. It may seem that the idea of sovereignty is incoherent, or that sovereignty is objectionable, because of a paradox and two moral principles. The paradox is that a sovereign state must be capable of binding itself and also must not be capable of binding itself. The moral principles are that no state can justly have complete freedom internally, and that a state ought to be bound in international law by rules that it has not agreed to, such as norms of ius cogens. I argue that the paradox is only apparent, and that the moral principles are compatible with state sovereignty. So the idea of sovereignty is a coherent idea, and sovereignty is a potentially valuable feature of states in international law. Sovereignty is to be understood as internal power and external freedom that are complete for the purposes of a good state.


ISBN: 0199208573

A V Lowe, 'Private Disputes and the Public Interest in International Law' in D. French, M. Saul and N.D. White (eds), International Law and Dispute Settlement (Hart Publishing 2010)

C Redgwell, 'Property Law Sources and Analogies in International Law ' in A McHarg, B Barton, (eds), Property and the Law in Energy and Natural Resources (Oxford University Press 2010) [...]

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.


A Tzanakopoulos, 'Domestic Court Reactions to UN Security Council Sanctions' in A Reinisch (ed), Challenging Acts of International Organizations before National Courts (Oxford University Press 2010) [...]

DOI: 10.1093/acprof:oso/9780199595297.003.0003

This paper attempts to trace, analyze, and justify, the reactions of domestic courts when these are faced with a challenge to domestic measures implementing Security Council sanctions regimes, in particular the regime under SCRs 1267 (1999) seq. It discusses the method in which domestic courts engage with the measures before them, as well as the standard of review they apply, and the usual outcomes of the challenge, ie abstention, low-intensity review, interpretation or annulment of the domestic measure. Interpretation and annulment of the domestic measure in particular may force the State in breach of its international obligations under the relevant SCRs and Article 25 of the UN Charter. The final section attempts to legal qualify and justify this potential breach.


ISBN: 978-0-19-959529-7

2009

D Akande, 'Arrest Warrant Case”; “Pius Nwaoga v. The State' in Cassese, Akande, et al (eds), Oxford Companion to International Criminal Justice (OUP 2009)

D Akande, 'Civil Remedies for International Crimes' in Cassese, Akande, et al. (eds), Oxford Companion to International Criminal Justice (OUP 2009)

D Akande, '“The Protective Principle”; “The Active Nationality Principle”; “The Passive Personality Principle”; “The Territoriality Principle”' in Cassese, Akande, et al (eds), Oxford Companion to International Criminal Justice (OUP 2009)

G. Giacca, 'Responsibility to Protect' in V. Chetail (ed), Post-conflict Peacebuilding Lexicon (Oxford University Press 2009)

A V Lowe, 'Shadows in the Cave: The Nature of International Law when it Appears before English Courts' in K.H. Kaikobad & M. Bohlander (eds), Essays in Honor of Colin Warbrick: International Law & Power, Perspectives on Legal Order & Justice (Martinus Nijhoff Publishers 2009)

A Tzanakopoulos, 'Chapter VII Measures (UN Charter) (with regard to International Tribunals)' in A Cassese (ed), The Oxford Companion to International Criminal Justice (Oxford University Press 2009)

2008

D Akande, 'Act of State Doctrine' in P. Cane (ed), The New Oxford Companion to Law (OUP 2008)

D Sarooshi, 'International Economic Law' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

D Sarooshi, 'The Security Council’s Authorization of Regional Arrangements to Use Force' in V. Lowe, A. Roberts, and J. Welsh (eds), The United Nations Security Council and War (Oxford University Press 2008)

D Sarooshi, 'The World Trade Organization' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

2006

D Akande, 'The Application of International Law Immunities in Prosecutions for International Crimes' in Harrington, Milde & Vernon (eds), Bringing Power to Justice? The Prospects of the International Criminal Court (McGill-Queens University Press 2006)

D Sarooshi, 'International Criminal Justice: An Institutional Future?' in M. Cohen (ed), La promotion de la justice, des droits de l’homme et du règlement des conflits par le droit international ( 2006)

2005

Judge R. Higgins DBE, QC and D Sarooshi, 'Institutional Modes of Conflict Management' in J. Norton Moore, F. Tipson, and R. Turner (eds), National Security Law (Carolina Academic Press 2005)

2003

D Akande, 'The Role of the International Court of Justice in the Maintenance of International Peace' in N. White (ed), Collective Security Law (Ashgate 2003) [...]

This publication reproduces, in a collection of seminal works on collective security, an article first published in (1996) 8 African Journal of International Comparative Law. The chapter examiners the role and record of the international court in the settlement of disputes which are likely to affect international peace.


A V Lowe and others, 'Comments on Chapters 16 and 17' in M. Byers & G. Nolte (eds), United States Hegemony and the Foundations of International Law (Cambridge University Press 2003)

2002

A V Lowe, 'Foreword' in Michael Likosky (ed), Transnational Legal Processes: Globalisation and Power Disparities (Butterworths 2002)

0

D Sarooshi, 'The United Nations Security Council' in J. Krieger, M. Crahan, C. Murphy, and A. Kaya (eds), The Oxford Companion to International Relations ( 0)

Edited books

2014

CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) [...]

DOI: 10.4337/9780857934789

The Research Handbook on the Law of Treaties is a collection of essays on fundamental issues in international treaty law. The Research Handbook´s main objective is to identify key challenges facing the modern law of treaties and to assess future directions that the law will take. The main themes of the Handbook revolve around the spatial, personal and temporal dimensions of treaties, the tensions that arise due to the need for flexibility in treaty relations, the interaction between treaty regimes and the potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work may prove fruitful.


ISBN: 9780857934772

2013

R O'Keefe, CJ Tams and A Tzanakopoulos (eds), The United Nations Convention on Jurisdictional Immunities of States and their Property: A Commentary (Oxford University Press 2013) [...]

Article-by-article commentary of the 2004 UN Convention on Jurisdictional Immunities of States and their Property.


ISBN: 978-0-19-960183-7

2012

CJ Tams and A Tzanakopoulos (eds), The Settlement of International Disputes - Basic Documents (Hart Publishing 2012) [...]

This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse techniques of international dispute settlement, as recognised in Articles 2(3) and 33 of the UN Charter, such as negotiation, mediation, arbitration and adjudication. The book comprises the most relevant multilateral treaties establishing dispute settlement regimes, as well as examples of special agreements, compromissory clauses, optional clause declarations and relevant resolutions of international organisations. It covers both diplomatic and adjudicative methods of dispute settlement and follows a basic division between general dispute settlement mechanisms, and sectoral regimes in fields such as human rights, WTO law, investment, law of the sea, environmental law and arms control. The book is the first widely-available collection of key documents on dispute settlement. It is aimed at teachers, students and practitioners of international law and related disciplines.


ISBN: 9781849463034

2010

G S Goodwin-Gill, Sir Ian Brownlie CBE QC and Guy S. Goodwin-Gill (eds), Brownlie\'s Documents on Human Rights (Oxford: Oxford University Press 2010) [...]

An extensive updated collection of key documents covering all elements of the subject, plus commentary and bibliographic annotation. Organized by reference to UN instruments, UN sponsored conventions, ILO, UNESCO, and regional instruments.


ISBN: 978-0-19-956404-0

2009

A.Cassese, G. Acquaviva, D Akande and others (eds), Oxford Companion to International Criminal Justice (Oxford University Press 2009) [...]

The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.


ISBN: 978-0-19-923832-3

2004

A Yokaris and others (eds), Η διεθνής ευθύνη των κρατών - Στα Άρθρα της Επιτροπής Διεθνούς Δικαίου, στη διεθνή νομολογία και βιβλιογραφία (Εκδόσεις Αντ Ν Σάκκουλα 2004) [...]

Abstract: A translation of the ILC Articles on the Responsibility of States for Internationally Wrongful Acts into Greek, along with a collection of relevant case law and bibliography.

ISBN: 960-15-1218-7

Internet Publications

2014

A Tzanakopoulos, 'Challenging (Some) Stereotypes and the DNA of (International) Law' (2014) EJIL: Talk! [...]

A brief comment on Karen Alter's 'New Terrain of International Law'.


A Tzanakopoulos, 'The Tories and the ECHR: Mere Incompetence or Deliberate Deception?' (2014) EJIL: Talk! [...]

A short comment on the international law aspects of the UK Conservative Party paper that proposes scrapping the Human Rights Act 1998.


J Vidmar, 'Crimea’s Referendum and Secession: Why it Resembles Northern Cyprus More than Kosovo' (2014) EJIL Talk!

2013

A Tzanakopoulos, 'Greek Court Acquits Immigrants Who Escaped Appalling Detention Conditions' (2013) EJIL: Talk!

A Tzanakopoulos, 'Kadi Showdown: Substantive Review of (UN) Sanctions by the ECJ' (2013) EJIL: Talk! [...]

Comment on the ECJ's decision in Kadi II.


A Tzanakopoulos, 'Sharing Responsibility for UN Targeted Sanctions' (2013) SHARES Blog [...]

This blog entry is based on a talk delivered at the University of Amsterdam in the framework of the SHARES (shared responsibility) project. It discusses how responsibility is shared between the UN and member-States for the adoption and implementation of UN sanctions under Chapter VII of the Charter.


J Vidmar, 'Democratic Statehood in International Law' (2013) EJIL Talk!

J Vidmar, 'Democratic Statehood in International Law: A Rejoinder to Jean d\'Aspremont and Brad Roth' (2013) EJIL Talk!

J Vidmar, 'EU-UK-Scotland: How Two Referenda Created a Complicated Love Triangle' (2013) EJIL Talk!

J Vidmar, 'The Importance of Legal Criteria for Statehood: A Rejoinder to Dapo Akande' (2013) EJIL Talk!

2012

D Akande, 'Several short pieces, notes and comments on EJIL:Talk!' (2012) Blog of the European Journal of International Law

J Vidmar, 'Does General Assembly Resolution 67/19 Have Any Implications for the Legal Status of Palestine?' (2012) EJIL Talk!

2011

D Akande, 'The Genocide Convention and the Obligation of Cooperation with the International Criminal Court' (2011) UCLA Human Rights and International Criminal Law Online Forum (2011) [...]

The International Court of Justice (ICJ) has held that Article VI of the Genocide Convention imposes an implicit obligation on Contracting Parties to cooperate with an “international penal tribunal” that has jurisdiction over persons charged with genocide. Although it was envisaged in the drafting of the Convention that acceptance of such jurisdiction would occur by treaty, the ICC is to be regarded as a competent international penal tribunal under the Genocide Convention even in cases where the ICC exercises jurisdiction on the basis of a Security Council referral. This creates an obligation on parties to cooperate with the ICC where an accused person is charged with genocide. However, under the jurisprudence of the ICJ this obligation of cooperation only arises where the contracting party in question has not only accepted the jurisdiction of the tribunal but also has a pre-existing obligation to cooperate. Applying this precedent would mean that in the Bashir case, only those States that are parties to the ICC Statute have an obligation of cooperation under the Genocide Convention. However, a teleological interpretation of the Convention would permit use of the Genocide Convention as a basis for creating an obligation of cooperation for non-parties since they must be deemed to have accepted the jurisdiction of the ICC over the case by virtue of a binding Security Council resolution conferring such jurisdiction. Relying on the Genocide Convention as a basis for a cooperation would open up alternative arguments allowing ICC parties (and non-parties if the teleological interpretation were adopted) to bypass immunities otherwise provided for in international law.


A Tzanakopoulos, 'Legality of Veto to NATO Accession: Comment on the ICJ’s Decision in the Dispute between fYR Macedonia and Greece' (2011) EJIL: Talk!

A Tzanakopoulos, 'The Distomo Case: Greece to Intervene in the Sovereign Immunity Dispute between Germany and Italy before the ICJ' (2011) EJIL: Talk!

A Tzanakopoulos, 'The UN/French Use of Force in Abidjan: Uncertainties Regarding the Scope of UN Authorizations' (2011) EJIL: Talk!

2010

D Akande, 'What Exactly Was Agreed in Kampala on the Crime of Aggression?' (2010) 2 Equality of Arms Review 23

J Vidmar, 'The Kosovo Opinion and General International Law: How Far-Reaching and Controversial is the ICJ's Reasoning' (2010) Hague Justice Portal

2009

D Sarooshi, 'Aspects of the World Trade Organization’s Telecommunications Regime' (2009) TECHNOLOGY DISPUTES INTERNATIONAL

2008

D Akande, 'The Bashir Indictment: Are Serving Heads of State Immune from ICC Prosecution?' (2008) Debating International Justice in Africa: Oxford Transitional Justice Research Essays, 2008-2010 87

Case Notes

2011

CJ Tams and A Tzanakopoulos, 'IGH: Gutachten zur Unabhängigkeit Kosovos' (2011) 59 Vereinte Nationen 80 [...]

Abstract: Short comment on the ICJ's Kosovo Advisory Opinion in German.

ISBN: 0042-384X

Others

2014

F Baetens, M Milanovic and A Tzanakopoulos, 'Présentation' (2014) A Pellet, Le droit international entre souveraineté et communauté, Pedone 3 [...]

Abstract: This is a presentation/preface to Alain Pellet's publication of a selection of his most important works.

ISBN: 978-2-233-00711-7

2010

D Akande, 'Prosecuting Aggression: The Consent Problem and the Role of the Security Council' (2010) [...]

This paper focuses on the conditions which ought to exist before the International Criminal Court can exercise jurisdiction over the crime of aggression. In particular, it addresses (i) whether the Court should be competent to exercise jurisdiction where the alleged aggressor State has either not accepted the amendment on aggression, or is not a party to the ICC Statute and (ii) whether ICC jurisdiction on aggression should be made dependent on the prior approval of the United Nations Security Council. The first issue is referred to here as the “consent problem” and the second the “Security Council problem/issue”. This paper argues that the consent problem raises a fundamental question of deeper significance than the textual or perhaps technical issues concerning the way in which the amendment concerning aggression might come into force under Article 121 of the Statute. The consent problem raises fundamental issues about the nature of the ICC as an international tribunal and about the principles governing the competence of international tribunals under international law. In particular, the consent issue raises important questions about the jurisdiction of international tribunals over non-consenting States and whether the ICC is to be regarded as bound by rules of international law that would ordinarily bind other international tribunals. This paper, outlines and explains the principle of consent as applied to the competence of international tribunals. There is a detailed discussion, in Section 2, of the application of the principle to cases before international tribunals where the tribunal is called upon to determine the rights and obligations of States not before the tribunal. In particular, this section discusses the Monetary Gold principle enunciated by the International Court of Justice. According to that principle, the Court will not adjudicate on a case where the Court would be required, as a necessary prerequisite, to adjudicate on the rights or responsibilities of a non-consenting and absent third State. It is argued that this principle is simply an application of the more general principle of consent and that the principle is derived from the more fundamental principle of the independence of States, i.e. the idea that States are not subject to external authority of other States or institutions created by other States. The paper argues, in Section 3, that because a determination that an individual has committed the crime of aggression requires a prior determination that a State has committed an act of aggression and a breach of the UN Charter, the ICC would act in violation of the consent principle in cases contemplated by the aggression amendment. The paper then turns, in Section 4, to an examination of whether the consent principle and the Monetary Gold principle (which is an application of that more general principle) are applicable to international criminal tribunals in general and to the ICC in particular. Referring to the case law of other tribunals, it is argued that these principles apply to all international tribunals and that the form in which the proceedings involving adjudication of the responsibilities of other States takes place is irrelevant to their application. Section 5 examines which States are to be regarded as non-consenting States for the purpose of the application of the consent principle. I then turn to the Nuremberg and Tokyo precedents in Section 6. I argue that the establishment and operation of these tribunals would not support the view that a rule has developed permitting departure from the consent principle in international criminal tribunals. I argue that neither tribunal was truly international and that in any event, in both cases, there was the consent of the relevant sovereign authority. The paper considers, in Section 7, whether the jurisdiction of the ICC over aggression can be justified on the basis of a transfer of authority from the State that is the alleged victim of aggression. It is argued that though victim States can prosecute for aggression and though transferred jurisdiction is an appropriate justification for the jurisdiction of the ICC in general, the principles and precedents which support transfers of jurisdiction to international tribunal do not apply to aggression. Section 8 returns to the Security Council issue and considers whether prior determination by the Council (or by the General Assembly or ICJ) would fall within an exception to the Monetary Gold principle. It is argued that the best way to expand the jurisdiction of the Court to non-consenting States while respecting the principle of consent is by referral of situations to the Court by the Council. When the consent problem is taken into account, the role of the Security Council in making referrals to the ICC with regard to aggression is not a limit on the competence of the Court. Rather the Security Council comes to the aid of the Court and expands its jurisdiction to situations where the ICC would otherwise be legally incompetent to act. On this view, giving the Security Council almost exclusive competence with regard to aggression cases is not to be regarded as a problem to be overcome, but rather as a means of overcoming an existing problem. The final section is the main theoretical contribution of the piece, considering whether the deviation from the consent principle contemplated with regard to the ICC’s jurisdiction over aggression is to be regarded as an evolution of the law or instead a violation.


D Akande and others, 'Submission to the Iraq Inquiry on the UK's Legal Justification for the Iraq War and Lord Goldsmith's Legal Advice' (2010) Submission to the Chilcott Inquiry on Iraq

1999

D Akande, 'Prosecuting Heads of States: The Implications of the Milosevic and Pinochet Cases\",' (1999) 5 Strategic Comments (International Institute for Strategic Studies)

0

D Sarooshi, 'Aspects of the World Trade Organization’s Telecommunications Regime' Technology Disputes International 2

Reviews

2013

A Tzanakopoulos, 'Deutscher Blick auf die UN-Charta' (2013) 61 Vereinte Nationen 234 [...]

Abstract: Book review of the third edition of B Simma et al (eds) The UN Charter: A Commentary (OUP, Oxford 2012).

Buchbesprechung der 3. Auflage des UN-Charta Kommentars von Simma et al.


ISBN: 0042-384X

2011

A Tzanakopoulos, 'The Cambridge Companion to International Law' (2011) 82 British Year Book of International Law 510

A Tzanakopoulos, 'The Constitutionalization of International Law' (2011) 15 Edinburgh Law Review 339

A Tzanakopoulos, 'The Practice of the United Nations in Combating Terrorism from 1946 to 2008' (2011) 11 Human Rights Law Review 803

2009

A Tzanakopoulos, 'Treaty Interpretation and On the Interpretation of Treaties' (2009) 53 German Yearbook of International Law 721

2005

A Tzanakopoulos, 'Le pouvoir normatif du Conseil de sécurité' (2005) 58 Revue hellénique de droit international 655

2004

A Tzanakopoulos, 'La Grèce devant la Cour européenne des droits de l’homme' (2004) 57 Revue hellénique de droit international 554

1995

D Akande, 'Review of National Treaty Law and Practice: France, Germany, India, Switzerland, Thailand and the United Kingdom, Monroe Leigh and Merritt R. Blakeslee (eds.), (ASIL, 1995)' (1995) 7 African Journal of International and Comparative Law 215

Reports

2013

A Tzanakopoulos, 'Falling Short: UN Security Council Delisting Procedural Reforms Before European Courts' (Sanctions & Security Research Program 2013) [...]

A Report prepared for the KROC Institute's Sanctions and Security Research Program, assessing reforms to the 1267/1989 sanctions regime of the Security Council against the standards required by European Courts, including the Court of Justice of the European Union and the European Court of Human Rights.


2012

A Tzanakopoulos, 'Principles on the Engagement of Domestic Courts with International Law: Preliminary Report of the ILA Study Group' (Report of the Seventy-Fifth Conference of the International Law Association 971 2012) [...]

This is the Preliminary Report of the Study Group on Principles on Engagement of Domestic Courts with International Law. It sets out the Study Group's underlying considerations and seeks to distill a set of principles which guide domestic court engagement with international law. It will be used by the Study Group as guidance for the completion of a number of national and thematic studies, which will then feed into the Study Group's final report.


ISBN: 0074-6738

2010

A. Bellal, G. Giacca and S. Casey-Maslen, 'Implications for international law of the future Arms Trade Treaty ' (United Nations Institute for Disarmament Research (UNIDIR), Geneva, Research Paper 2010)

2008

Oxford Pro Bono Publico and others, 'Obstacles to Justice and Redress for Victims of Corporate Human Rights Abuse' (2008) [...]

A comparative submission by Oxford Pro Bono Publico to the Special Representative of the UN Secretary-General on Business and Human Rights.


1994

D Sarooshi, 'Humanitarian Intervention and Humanitarian Assistance: Law and Practice' (Wilton Park Papers (HMSO) 86 1 1994)

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

Public International Law

There has never been a more exciting time to study Public International Law (PIL). Issues of PIL and international justice are at the forefront of public debates to a greater degree than ever before. International law provides the technical and intellectual underpinnings to large areas of international co-operation, including the prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization, the settlement of land and maritime boundary disputes, and the resolution of jurisdictional conflicts arising in the context of anti-trust and other forms of economic regulation by States.

PIL today not only impacts and shapes decisions by States to a greater degree than ever before, but it also penetrates into the national legal order – often through national court decisions – to give rights to individuals and corporations to an extent that is unrivalled in the history of the subject. These developments have in turn led to the growth of lawyers and law firms who specialise in the practice of PIL. This is in addition to the demand for PIL lawyers in governments, inter-governmental organizations (such as the United Nations and the large number of UN Specialized Agencies), and non-governmental organizations.. For those who do not intend to follow a career in international law, the subject provides a broad sweep of issues which illuminate not merely questions of international law but the problems and processes of the world of diplomacy.

The PIL course at Oxford covers the major areas of general international law and is not over-specialized. The lectures cover the core tutorial topics on the nature and sources of international law, the law of treaties, international legal personality, jurisdiction and immunities, the law of foreign investment, State responsibility, the use of force and the procedures for peaceful settlement of disputes. In addition, the lectures introduce students to special areas such the law of the sea, international humanitarian law and investment arbitration. The consideration of these subject areas takes place within their broader policy context and having regard to recent experience.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Diploma in Legal Studies

Public International Law

There has never been a more exciting time to study Public International Law (PIL). Issues of PIL and international justice are at the forefront of public debates to a greater degree than ever before. International law provides the technical and intellectual underpinnings to large areas of international co-operation, including the prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization, the settlement of land and maritime boundary disputes, and the resolution of jurisdictional conflicts arising in the context of anti-trust and other forms of economic regulation by States.

PIL today not only impacts and shapes decisions by States to a greater degree than ever before, but it also penetrates into the national legal order – often through national court decisions – to give rights to individuals and corporations to an extent that is unrivalled in the history of the subject. These developments have in turn led to the growth of lawyers and law firms who specialise in the practice of PIL. This is in addition to the demand for PIL lawyers in governments, inter-governmental organizations (such as the United Nations and the large number of UN Specialized Agencies), and non-governmental organizations.. For those who do not intend to follow a career in international law, the subject provides a broad sweep of issues which illuminate not merely questions of international law but the problems and processes of the world of diplomacy.

The PIL course at Oxford covers the major areas of general international law and is not over-specialized. The lectures cover the core tutorial topics on the nature and sources of international law, the law of treaties, international legal personality, jurisdiction and immunities, the law of foreign investment, State responsibility, the use of force and the procedures for peaceful settlement of disputes. In addition, the lectures introduce students to special areas such the law of the sea, international humanitarian law and investment arbitration. The consideration of these subject areas takes place within their broader policy context and having regard to recent experience.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

European Union as an Actor in International Law (not offered in 2014-15)

The process of European integration has entailed a transfer of foreign relations powers from the Member States to the European Union (EU) that does not follow the lines of any other legal development. It is different from the experience of federal States, in so far as the devolution of foreign relations powers is only partial, and it has certainly not entailed the disappearance of the Member States as international legal persons. On the other hand, the quantity and the quality of the functions exercised by the EU on the international plane, and its capacity to develop its own course of foreign relations, makes it an entity with few, if any, traces of resemblance with other existing international organisations.

The course deals with questions at the intersection of European law, public international law, and international relations. It looks both to the inside, giving an overview of the foreign relations law of the EU, and to the outside, examining the legal framework in which the EU acts on the international plane. Looking at some of the core areas of international law, the course examines the problems of and prospects for a supra-national actor in a legal system which is still largely dominated by States. The ultimate question to be explored: Is international law adapting to a new actor or must the EU assume statehood to be a full actor in international law?

The course covers the following topics: the foreign relations law of the EU, the relationship between international law and European law, treaty relations of the EU and its member States (mixed agreements), the EU as a creator of customary international law, the EU as a member of international organizations and a party before international tribunals, international relations and diplomatic powers of the EU, promotion and enforcement of international law by the EU (sanctions, human rights, standards of democratic governance), the transatlantic divide between the EU and the US on matters of international law, violations of international law by the EU and its member States and their international responsibility.

The course is directed at graduates with an interest both in international law and European law. Basic knowledge of these subjects is an advantage. Students without such knowledge will be directed to basic reading in these fields.

International Commercial Arbitration

In a world of increasing global trade and commerce arbitration has become the preferred mechanism for resolving transnational commercial disputes. As global transactions have expanded they also have become more complex. Scholars, arbitrators and courts around the globe have developed highly sophisticated solutions to respond to these challenges making international commercial arbitration one of the most fascinating developments in the law. The course will study international commercial arbitration within its international and national legal frameworks from the substantive and procedural law point of view.

Starting with the study of international instruments such as the New York Convention the course will then examine how different national legal systems have treated international commercial arbitration. The course aims to focus on a comparison of the approaches taken by US courts and the national courts of Europe. International commercial arbitration often exposes marked differences between the common and the civil law yet the body of law being created in common and civil law jurisdictions forms an arbitral ‘ius commune’ – a common body of a globally applicable international arbitration law. In order to explore the real or perceived advantages of international commercial arbitration over transnational litigation the course intends to examine the problems commonly associated with transnational litigation such as service of process, jurisdiction, lis pendens and recognition of judgments. Moreover, the course aspires to introduce the theoretical foundations of international commercial arbitration and discuss the repercussions international commercial arbitration may have for national legal orders. The course will cover every stage in an arbitral proceeding from the arbitration agreement, the arbitral proceeding to the arbitral award and its recognition and enforcement.

International Criminal Law

One of the most significant developments in international law and international relations during the past quarter century has been the emergence of a new international legal order based on a robust concept of international criminal justice. With the establishment of a number of international and hybrid national-international criminal courts to try those accused of genocide, crimes against humanity, and other violations of international law, the international community has demonstrated a commitment to ensuring accountability and upholding the rule of law. At the same time, when and how international criminal law is enforced, the role of international justice in relation to ongoing conflicts and post-conflict societies, and the future of international criminal justice remain the subject of intense debate. This course will provide a historical perspective on the rise of international criminal justice as well as an overview of a number of discrete topics in international criminal law and justice, including the bodies of law applied in international criminal tribunals, the challenges involved in creating a functioning and effective international criminal court system, and key developments in international criminal law. The focus of the course will be on the work of the first two international criminal courts of the modern era, the tribunals for the former Yugoslavia and for Rwanda, as well as on the permanent International Criminal Court. The course will consist of both introductory lectures and case discussion of jurisprudence on genocide, crimes against humanity and war crimes.      

This course consists of two parts. The first comprises lectures followed by discussion. The second consists of discussion of case law of international criminal tribunals organized by the principal crimes and modes of liability. The International Criminal Court will form a subject of one of the lectures but its jurisprudence is still too limited for us to focus upon. In Part II of our course, Students will be the lead discussants.  The timing and the order of discussion is subject to change.

International Dispute Settlement

The course on International Dispute Settlement is concerned with the peaceful settlement of international disputes, including inter-State disputes, and disputes between States and individuals or corporations.

The first part of the course is dedicated to the study of a range of institutions concerned with dispute settlement such as arbitral tribunals, the International Court of Justice, and more specialised bodies such as the International Centre for the Settlement of Investment Disputes, the World Trade Organisation, the International Tribunal for the Law of the Sea and other institutions. The institutions selected for study vary from year to year.

The second part of the course provides an outline of the principles of procedural law that operate in international tribunals, including international commercial arbitration tribunals. This part of the course involves the study of issues such as jurisdiction and admissibility, the determination of law governing procedure and the law governing the merits of a case, remedies, the recognition and enforcement of judgments and awards, and the review of judgments and awards.

Teaching consists of weekly seminars in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole. There will be four tutorials over the course of the year. The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.

Detailed handouts and reading lists are distributed during the year. The most recent handouts are posted on the Faculty’s intranet.

International Economic Law

This course introduces students to the main principles and institutions of international economic law. It focuses primarily on the institutions and substantive law of the World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT). In addition to introducing participants to the major legal disciplines under the GATT/WTO and the basic principles and cores concepts of the GATT/WTO (Base on in-depth study of the relevant GATT/WTO case law), the course considers the underlying philosophy of free trade and a number of the controversies concerning the future evolution of the WTO and its relationship to globalisation, regionalism, and the attempt by States to achieve other policy objectives (such as protection of the environment). No prior knowledge of international law or economics is necessary. Students without such knowledge will be directed to basic reading in these fields.

Lectures will be delivered in Michaelmas and Hilary Terms. Tutorials will be scheduled in due course. The examination is held at the same time as the other BCL/MJur examinations. Detailed reading lists are distributed at the start of the course.

International Law and Armed Conflict

This course will examine the international law issues which arise in relation to armed conflicts. The course covers the law relating to whether States may use force, the law that applies during armed conflicts, as well as other legal problems that arise with regard to armed conflicts. One of the themes running through the course will be how international law regulates cross-border conflicts involving non-State actors. The course will be divided, broadly speaking, into two parts. Part one will consider the international legal issues relating to whether and when States are entitled to use armed force. In this part of the course, we will examine the content of the prohibition of the use of force contained in the UN Charter as well as the exceptions to that prohibition. In particular, we will examine the scope of self-defence in international law, (especially as it applies to attacks by non-State groups). Questions to be considered include the criteria for a lawful response in self-defence and the legality of anticipatory/preemptive self defence. This part of the course will also consider other possible exceptions to the prohibition of the use of force - such as the doctrine of humanitarian intervention or responsibility to protect. The last section of the first part of the course will examine the powers of the United Nations to authorize the use of force for peacekeeping and peace enforcement.

The second part of the course examines the law that applies during an armed conflict. We will address the distinction between the law applicable to international armed conflicts and that applicable to non-international armed conflicts. We also consider the extent to the which the so called “Global War on Terror: should be considered an armed conflict to which international humanitarian law applies. In this part, we will also gain an overview of the “Geneva law” relating to the humanitarian protection of victims of war and the “Hague law” relating to the means and methods of warfare. In particular, we will examine the distinction between combatants and non-combatants and the law that applies to the detention of lawful and unlawful combatants in time of armed conflict. We then turn to the law that applies to the conduct of hostilities, examining in particular the rules relating to targeting and weaponry. Finally, we consider the extent to which international human rights law applies in time of armed conflict.

International Law of the Sea

The Law of the Sea course is concerned with public international law and not with commercial shipping law.

The course provides a comprehensive grounding in the subject, combining the study of maritime zones (such as the territorial sea, Exclusive Economic Zone, Continental Shelf and High Seas), with the study of the main bodies of law regulating users of the seas (such as navigation, fishing, pollution and military activities).

The teaching involves relating the problems of the law of the sea to underlying principles and policy factors and to other relevant areas of general international law, including sources, the law of treaties and principles of state responsibility.

The teaching consists of weekly classes in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole.

Lectures/Seminars: each is one two-hour session.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Public International Law (also part of the BA course)

There has never been a more exciting time to study Public International Law (PIL). Issues of PIL and international justice are at the forefront of public debates to a greater degree than ever before. International law provides the technical and intellectual underpinnings to large areas of international co-operation, including the prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization, the settlement of land and maritime boundary disputes, and the resolution of jurisdictional conflicts arising in the context of anti-trust and other forms of economic regulation by States.

PIL today not only impacts and shapes decisions by States to a greater degree than ever before, but it also penetrates into the national legal order – often through national court decisions – to give rights to individuals and corporations to an extent that is unrivalled in the history of the subject. These developments have in turn led to the growth of lawyers and law firms who specialise in the practice of PIL. This is in addition to the demand for PIL lawyers in governments, inter-governmental organizations (such as the United Nations and the large number of UN Specialized Agencies), and non-governmental organizations.. For those who do not intend to follow a career in international law, the subject provides a broad sweep of issues which illuminate not merely questions of international law but the problems and processes of the world of diplomacy.

The PIL course at Oxford covers the major areas of general international law and is not over-specialized. The lectures cover the core tutorial topics on the nature and sources of international law, the law of treaties, international legal personality, jurisdiction and immunities, the law of foreign investment, State responsibility, the use of force and the procedures for peaceful settlement of disputes. In addition, the lectures introduce students to special areas such the law of the sea, international humanitarian law and investment arbitration. The consideration of these subject areas takes place within their broader policy context and having regard to recent experience.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

European Union as an Actor in International Law (not offered in 2014-15)

The process of European integration has entailed a transfer of foreign relations powers from the Member States to the European Union (EU) that does not follow the lines of any other legal development. It is different from the experience of federal States, in so far as the devolution of foreign relations powers is only partial, and it has certainly not entailed the disappearance of the Member States as international legal persons. On the other hand, the quantity and the quality of the functions exercised by the EU on the international plane, and its capacity to develop its own course of foreign relations, makes it an entity with few, if any, traces of resemblance with other existing international organisations.

The course deals with questions at the intersection of European law, public international law, and international relations. It looks both to the inside, giving an overview of the foreign relations law of the EU, and to the outside, examining the legal framework in which the EU acts on the international plane. Looking at some of the core areas of international law, the course examines the problems of and prospects for a supra-national actor in a legal system which is still largely dominated by States. The ultimate question to be explored: Is international law adapting to a new actor or must the EU assume statehood to be a full actor in international law?

The course covers the following topics: the foreign relations law of the EU, the relationship between international law and European law, treaty relations of the EU and its member States (mixed agreements), the EU as a creator of customary international law, the EU as a member of international organizations and a party before international tribunals, international relations and diplomatic powers of the EU, promotion and enforcement of international law by the EU (sanctions, human rights, standards of democratic governance), the transatlantic divide between the EU and the US on matters of international law, violations of international law by the EU and its member States and their international responsibility.

The course is directed at graduates with an interest both in international law and European law. Basic knowledge of these subjects is an advantage. Students without such knowledge will be directed to basic reading in these fields.

International Commercial Arbitration

In a world of increasing global trade and commerce arbitration has become the preferred mechanism for resolving transnational commercial disputes. As global transactions have expanded they also have become more complex. Scholars, arbitrators and courts around the globe have developed highly sophisticated solutions to respond to these challenges making international commercial arbitration one of the most fascinating developments in the law. The course will study international commercial arbitration within its international and national legal frameworks from the substantive and procedural law point of view.

Starting with the study of international instruments such as the New York Convention the course will then examine how different national legal systems have treated international commercial arbitration. The course aims to focus on a comparison of the approaches taken by US courts and the national courts of Europe. International commercial arbitration often exposes marked differences between the common and the civil law yet the body of law being created in common and civil law jurisdictions forms an arbitral ‘ius commune’ – a common body of a globally applicable international arbitration law. In order to explore the real or perceived advantages of international commercial arbitration over transnational litigation the course intends to examine the problems commonly associated with transnational litigation such as service of process, jurisdiction, lis pendens and recognition of judgments. Moreover, the course aspires to introduce the theoretical foundations of international commercial arbitration and discuss the repercussions international commercial arbitration may have for national legal orders. The course will cover every stage in an arbitral proceeding from the arbitration agreement, the arbitral proceeding to the arbitral award and its recognition and enforcement.

International Criminal Law

One of the most significant developments in international law and international relations during the past quarter century has been the emergence of a new international legal order based on a robust concept of international criminal justice. With the establishment of a number of international and hybrid national-international criminal courts to try those accused of genocide, crimes against humanity, and other violations of international law, the international community has demonstrated a commitment to ensuring accountability and upholding the rule of law. At the same time, when and how international criminal law is enforced, the role of international justice in relation to ongoing conflicts and post-conflict societies, and the future of international criminal justice remain the subject of intense debate. This course will provide a historical perspective on the rise of international criminal justice as well as an overview of a number of discrete topics in international criminal law and justice, including the bodies of law applied in international criminal tribunals, the challenges involved in creating a functioning and effective international criminal court system, and key developments in international criminal law. The focus of the course will be on the work of the first two international criminal courts of the modern era, the tribunals for the former Yugoslavia and for Rwanda, as well as on the permanent International Criminal Court. The course will consist of both introductory lectures and case discussion of jurisprudence on genocide, crimes against humanity and war crimes.      

This course consists of two parts. The first comprises lectures followed by discussion. The second consists of discussion of case law of international criminal tribunals organized by the principal crimes and modes of liability. The International Criminal Court will form a subject of one of the lectures but its jurisprudence is still too limited for us to focus upon. In Part II of our course, Students will be the lead discussants.  The timing and the order of discussion is subject to change.

International Dispute Settlement

The course on International Dispute Settlement is concerned with the peaceful settlement of international disputes, including inter-State disputes, and disputes between States and individuals or corporations.

The first part of the course is dedicated to the study of a range of institutions concerned with dispute settlement such as arbitral tribunals, the International Court of Justice, and more specialised bodies such as the International Centre for the Settlement of Investment Disputes, the World Trade Organisation, the International Tribunal for the Law of the Sea and other institutions. The institutions selected for study vary from year to year.

The second part of the course provides an outline of the principles of procedural law that operate in international tribunals, including international commercial arbitration tribunals. This part of the course involves the study of issues such as jurisdiction and admissibility, the determination of law governing procedure and the law governing the merits of a case, remedies, the recognition and enforcement of judgments and awards, and the review of judgments and awards.

Teaching consists of weekly seminars in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole. There will be four tutorials over the course of the year. The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.

Detailed handouts and reading lists are distributed during the year. The most recent handouts are posted on the Faculty’s intranet.

International Economic Law

This course introduces students to the main principles and institutions of international economic law. It focuses primarily on the institutions and substantive law of the World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT). In addition to introducing participants to the major legal disciplines under the GATT/WTO and the basic principles and cores concepts of the GATT/WTO (Base on in-depth study of the relevant GATT/WTO case law), the course considers the underlying philosophy of free trade and a number of the controversies concerning the future evolution of the WTO and its relationship to globalisation, regionalism, and the attempt by States to achieve other policy objectives (such as protection of the environment). No prior knowledge of international law or economics is necessary. Students without such knowledge will be directed to basic reading in these fields.

Lectures will be delivered in Michaelmas and Hilary Terms. Tutorials will be scheduled in due course. The examination is held at the same time as the other BCL/MJur examinations. Detailed reading lists are distributed at the start of the course.

International Law and Armed Conflict

This course will examine the international law issues which arise in relation to armed conflicts. The course covers the law relating to whether States may use force, the law that applies during armed conflicts, as well as other legal problems that arise with regard to armed conflicts. One of the themes running through the course will be how international law regulates cross-border conflicts involving non-State actors. The course will be divided, broadly speaking, into two parts. Part one will consider the international legal issues relating to whether and when States are entitled to use armed force. In this part of the course, we will examine the content of the prohibition of the use of force contained in the UN Charter as well as the exceptions to that prohibition. In particular, we will examine the scope of self-defence in international law, (especially as it applies to attacks by non-State groups). Questions to be considered include the criteria for a lawful response in self-defence and the legality of anticipatory/preemptive self defence. This part of the course will also consider other possible exceptions to the prohibition of the use of force - such as the doctrine of humanitarian intervention or responsibility to protect. The last section of the first part of the course will examine the powers of the United Nations to authorize the use of force for peacekeeping and peace enforcement.

The second part of the course examines the law that applies during an armed conflict. We will address the distinction between the law applicable to international armed conflicts and that applicable to non-international armed conflicts. We also consider the extent to the which the so called “Global War on Terror: should be considered an armed conflict to which international humanitarian law applies. In this part, we will also gain an overview of the “Geneva law” relating to the humanitarian protection of victims of war and the “Hague law” relating to the means and methods of warfare. In particular, we will examine the distinction between combatants and non-combatants and the law that applies to the detention of lawful and unlawful combatants in time of armed conflict. We then turn to the law that applies to the conduct of hostilities, examining in particular the rules relating to targeting and weaponry. Finally, we consider the extent to which international human rights law applies in time of armed conflict.

International Law of the Sea

The Law of the Sea course is concerned with public international law and not with commercial shipping law.

The course provides a comprehensive grounding in the subject, combining the study of maritime zones (such as the territorial sea, Exclusive Economic Zone, Continental Shelf and High Seas), with the study of the main bodies of law regulating users of the seas (such as navigation, fishing, pollution and military activities).

The teaching involves relating the problems of the law of the sea to underlying principles and policy factors and to other relevant areas of general international law, including sources, the law of treaties and principles of state responsibility.

The teaching consists of weekly classes in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole.

Lectures/Seminars: each is one two-hour session.

MSc (Master's in Law and Finance)

International Economic Law

This course introduces students to the main principles and institutions of international economic law. It focuses primarily on the institutions and substantive law of the World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT). In addition to introducing participants to the major legal disciplines under the GATT/WTO and the basic principles and cores concepts of the GATT/WTO (Base on in-depth study of the relevant GATT/WTO case law), the course considers the underlying philosophy of free trade and a number of the controversies concerning the future evolution of the WTO and its relationship to globalisation, regionalism, and the attempt by States to achieve other policy objectives (such as protection of the environment). No prior knowledge of international law or economics is necessary. Students without such knowledge will be directed to basic reading in these fields.

Lectures will be delivered in Michaelmas and Hilary Terms. Tutorials will be scheduled in due course. The examination is held at the same time as the other BCL/MJur examinations. Detailed reading lists are distributed at the start of the course.


People

Public International Law teaching is organized by a Subject Group convened by:

Catherine Redgwell: Chichele Professor of Public International Law

in conjunction with:

Dapo Akande: Professor of Public International Law
Sir Frank Berman, QC: Visiting Professor in International Law
Eirik Bjorge: Shaw Foundation Junior Research Fellow
Meghan Campbell: Weston Junior Research Fellow, New College
Martin Dawidowicz: Departmental Lecturer in Public International Law
Nancy Eisenhauer: College Lecturer
Nazila Ghanea: University Lecturer in International Human Rights Law (Department of Continuing Education)
Guy S. Goodwin-Gill: Senior Research Fellow, All Souls College
Mark Janis: Visiting Fellow
Catherine MacKenzie: Fellow at the Environmental Change Institute
Dan Sarooshi: Professor of Public International Law
Andrew Shacknove: University Lecturer in Law (Department of Continuing Education)
Natasha Simonsen: Lecturer in Law, New College
Antonios Tzanakopoulos: Associate Professor of Public International Law
Jure Vidmar: Leverhulme Early Career Fellow
Konstanze Von Papp: Erich Brost Career Development Fellow in German and European Union Law

assisted by:

Lawrence Hill-Cawthorne: DPhil Law student
Erik Labelle Eastaugh: DPhil Law student
Ryan Manton: DPhil Law student
Michail Risvas: DPhil Law student

Also working in this field, but not involved in its teaching programme:

Gilles Giacca:
Miles Jackson: Global Justice Research Fellow
Vaughan Lowe: Emeritus Chichele Professor
Gregory Messenger: Junior Research Fellow
Reuven (Ruvi) Ziegler: Academic Visitor

Graduate students working in this field:

Kamille Adair Morgan: DPhil Law student
Thiago Alves Pinto: DPhil Law student
Avani Bansal: MPhil Law student
Camilla R. Barker FRSA: DPhil Law student
Catherine Briddick: DPhil Law student
Olumide Famuyiwa: DPhil Law student
Carla Ferstman: DPhil Law student
David Heaton: MPhil Law student
Yulia Ioffe: DPhil Law student
Rudina Jasini: DPhil Law student
Marija Jovanovic: DPhil Law student
Daniel Kaasik: DPhil Law student
Matthew Kruger: MPhil Law student
Veronica Lavista: DPhil Law student
Kubo Mačák: DPhil Law student
Kate Mitchell: MPhil Law student
Rowena Moffatt: DPhil Law student
Callum Musto: MPhil Law student
Bríd Ní Ghráinne: DPhil Law student
Marina Sharpe: DPhil Law student
Ewan Smith: DPhil Law student


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