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catalog

International Law & Human Rights

2009

Leiden, March 2009

Dear Reader, Brill is pleased to present you with the new International Law and Human Rights catalog of 2009 - comprising our newest and forthcoming publications focusing on areas in Public International Law and Human Rights. You will be able to browse our E-Book collection, Major Reference Works, IDC Primary Sources, publications of the Hague Academy of International Law and many others. For 2009 there will be a different setup with regard to the catalogues. Instead of the accustomed two catalogues a year (one produced in Spring and one in Fall), we shall now have 3 catalogues appearing in Spring, Summer and Fall. Brills publishing program in the fields of International Law and Human Rights appear under the imprint Martinus Nijhoff Publishers, a prestigious imprint dating back to the nineteenth century, which needs no introduction to academics and librarians throughout the world. Its annual publication program consists of over 20 journals, 20 annuals, plus some 120 new book titles. Its backlist comprises over 2,000 titles. We would like to draw your attention to the Nijhoff E-book collection which has just been launched (page 2). If you wish to obtain a digital copy of the catalog, it is available for download from our website: brill.nl/downloads To keep up with developments throughout the year, receive special discount opportunities and free trial offers, be sure to subscribe to Brills monthly e-bulletins. You will find details on how to do this on our website on brill.nl/e-bulletins If you no longer wish to receive this catalogue in its print format, please let us know. We look forward to hearing from you! Yours sincerely, Dr Dagmar Vermeer Marketing Manager vermeer@brill.nl

Contents

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See page 49

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International Law & Human Rights

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2 E-Books 3 Major Reference Works 6 Publications of the Hague Academy of International Law 11 Primary Sources 12 Subject Areas: 12 Human Rights 18 Childrens Rights 19 Humanitarian Law 23 International Criminal Law 25 Comparative Law 27 European Law

28 Private International Law 30 Islamic Law 32 Public International Law 40 International Organizations 42 Law of the Sea 46 Legal History 47 Environmental Law 48 International Trade Law 49 International Relations 52 Journals 66 Authors Index 69 Order Information and Contact Page

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E-Books

NEW on nijhoffonline.nl: Martinus Nijhoff E-Books Collections


Instant access to one of the best and most comprehensive resources on international law today
As a leading publisher in international law Martinus Nijhoff now introduces its E-Book Collections. The Nijhoff top quality book content becomes available on Martinus Nijhoff Online, with all the advantages and features of digital publishing including 24/7 access, full text search, usage statistics, MARC 21 records, etc. The E-Books will be published as annual collections by publication year in two broad subject categories: International Law and Human Rights/Humanitarian Law. Features
- Access to monographs, edited volumes, and handbooks published since 2006 - Full text search, advanced search functionality - Full text chapters presented in PDF format - DOI at title and chapter level - Title lists available in different formats - MARC 21 records provided at no extra charge - COUNTER-compliant usage statistics

Benefits

International Law & Human Rights

- Top quality content made available in user friendly format - Perpetual and concurrent access and use - 30% savings on comparable print value - One-time purchase ownership model - No annual access fee required as long as new collections are purchased - No shipping and handling costs

International Law E-Books


ISSN: 1877-6620 The International Law E-Books series offers annual digital collections of 40 to 50 book titles (monographs, edited volumes, and handbooks) as published by Martinus Nijhoff Publishers.

Human Rights / Humanitarian Law E-Books


ISSN: 1877-6639 The Human Rights / Humanitarian Law E-Books series offers annual digital collections of 40 to 50 book titles (monographs, edited volumes, and handbooks) as published by Martinus Nijhoff Publishers.

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Coverage

Public International Law Law of the Sea International Trade Law International Labour Law Environmental Law European Law Islamic Law International Relations International Organizations Terrorism Legal History

Coverage

Human Rights Refugee Law Immigration Law Health Law Childrens Rights Minority and Group Rights Humanitarian Law International Criminal Law

Collection 2008

Content: 44 titles License: Unlimited Site License Price: 4470.- / USD 6430. Available: June 2009

Collection 2008

Content: 45 titles License: Unlimited Site License Price: 4460.- / USD 6390. Available: June 2009

Collection 2007

Content: 45 titles License: Unlimited Site License Price: 4810.- / USD 6710. Available: June 2009

Collection 2007

Content: 46 titles License: Unlimited Site License Price: 4370.- / USD 6100. Available: June 2009

Collection 2006

Content: 50 titles License: Unlimited Site License Price: 4510.- / USD 6180. Available: June 2009

Collection 2006

Content: 45 titles License: Unlimited Site License Price: 3570.- / USD 4840. Available: June 2009

Collection 2009 forthcoming July 2009

Collection 2009 forthcoming July 2009

For a 30-day free trial (institutions only), consortia arrangements and other licensing options, please send an e-mail to brillonline@brill.nl or for customers in the Americas brillonline@brillusa.com.

Major Reference Works

Set: International Criminal Law, 3rd Edition


M. Cherif Bassiouni, DePaul University

Volume 1: Sources, Subjects and Contents


August 2008 ISBN 978 90 04 16532 8 Hardback (1130 pp.) List price EUR 170.- / US$ 170. International Criminal Law, 3rd edition, 1

Table of Contents

ISBN: 978 90 04 16533 5 Hardback Number of volumes: 3 Set List price: 385.- / US$ 385.The definitive treatise on international criminal law, M. Cherif Bassiounis unique 3- volume collection is now in its third edition. Written by more than 50 outstanding authorities from 19 countries, it covers the entire field, from the theory of what makes a crime international to the step-by-step conduct of an international prosecution. Its in-depth coverage includes: - analysis of the doctrinal basis of international criminal law - the historical development of international criminal law and policy - detailed treatment of 16 crimes that have been given international jurisdiction, including torture, genocide, war crimes, and crimes against humanity - issues of immunity and jurisdiction - judicial assistance - recognition of foreign penal judgments - extradition and transfer of prisoners - taking evidence abroad - seizure of foreign assets - international criminal tribunals procedure - international criminal prosecutions in domestic courts and a great deal more. Attention is paid throughout the presentation to the complex cultural and regional issues that often arise in this field of practice. This new third edition has been thoroughly revised, making it the most current and comprehensive treatment available of this major area of international law theory and practice.

Part I Chapter 1: Sources and Subjects Chapter 2: Contents Part II Chapter 3: The Crime Against Peace and Aggression Chapter 4: War Crimes, Crimes Against Humanity and Genocide Chapter 5: Crimes Against Fundamental Human Rights Chapter 6: Crimes of Terror-Violence Chapter 7: Crimes Against Social Interest

International Law & Human Rights

Volume 2: Multilateral and Bilateral Enforcement Mechanisms


August 2008 ISBN 978 90 04 16531 1 Hardback (750 pp.) List price EUR 170.- / US$ 170. International Criminal Law, 3rd edition, 2

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Table of Contents

Chapter 1: Policies and Modalities Chapter 2: Jurisdiction Chapter 3: Extradition Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences

Volume 3: International Enforcement


October 2008 ISBN 978 90 04 16530 4 Hardback (750 pp.) List price EUR 170.- / US$ 170. International Criminal Law, 3rd edition, 3

Table of Contents

Chapter 1: History of International Investigations and Prosecutions Chapter 2: International Criminal Tribunals and Mixed Model Tribunals Chapter 3: National Prosecutions for International Crimes Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice

Major Reference Works

The Annotated Digest of the International Criminal Court/ Code annot de la Cour pnale international
Edited by Cyril Laucci
For more information about this series please visit brill.nl/adic ISSN: 1874-7957

International Law & Human Rights

2007
December 2008 ISBN 978 90 04 16892 3 Hardback (700 pp.) List price EUR 195.- / US$ 312. The Annotated Digest of the International Criminal Court, 2

2004-2006
October 2007 ISBN 978 90 04 16311 9 Hardback (xvi, 676 pp.) List price EUR 195.- / US$ 278. The Annotated Digest of the International Criminal Court, 1

2004-2006
September 2008 ISBN 978 90 04 17022 3 Hardback (xx, 824 pp. in French) List price EUR 195.- / US$ 312. Code annot de la Cour pnale internationale, 1 Le Code annot de la Cour pnale internationale est une collection dans laquelle, en fonction du nombre de dcisions rendues par la Cour dans lavenir, un nouveau volume sera publi chaque anne ou tous les deux ans. Le Code propose une slection des extraits les plus pertinents des dcisions publiques rendues par la Cour. Les extraits proposs ont t slectionns sur la base des critres suivants: 1) extraits qui clarifient un point de droit, interprtent lune des dispositions statutaires de la Cour 2) extraits qui montrent comment une rgle spcifique est concrtement applique par la Cour 3) extraits pertinents du point de vue de lvolution de la justice internationale, des droits de lhomme, du droit international humanitaire Les extraits sont proposs dans leur version franaise officielle, chaque fois quelle est disponible ou dans leur version anglaise originale. Dans tous les cas, un rsum en franais identifie de faon claire lapport de lextrait par rapport aux critres de slection. Les extraits sont classifis par rapport la disposition statutaire (article du Statut, rgle du Rglement de procdure et de preuve, norme du Rglement de la Cour) laquelle ils se rapportent. Un numro didentification rapide facilite le renvoi aux extraits des autres dcisions slectionns dans le prsent volume. La prsente collection de Codes annots est avant tout conue comme un outil lusage des praticiens du droit pnal international et des universitaires, qui, grce au numro didentification rapide et lindex thmatique, y trouveront le moyen didentifier immdiatement les extraits les plus pertinents de la jurisprudence de la Cour sur chaque sujet.

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The Annotated Digest of the International Criminal Court is an annual or biennial series, depending on the volume of decisions issued. It compiles a selection of the most significant legal findings contained in the public decisions rendered by the International Criminal Court. The criteria for selection of the abstracts are: 1) abstracts which clarify a point of law, interpret a rule 2) abstracts which show how a specific rule is applied by a Chamber 3) abstracts which are otherwise meaningful with respect to international justice, human rights, international humanitarian law. The abstracts are quoted in their original language, namely English or French. An English translation of the French abstracts is given. The abstracts are inserted after the relevant articles of the Statute, Rules of Procedure and Evidence and Regulations of the Court, with a short description/summary of their precise topic. A quick reference system makes it easy to refer to other decisions quoted elsewhere in the Digest. This Series of Digests is devised, first and foremost, as a tool for practitioners of international criminal law and academics, who will be able to immediately find the most relevant abstracts of ICC jurisprudence on each and every topic, thanks to the efficient quick reference system and index.

Major Reference Works

The International Year Book and Statesmens Whos Who


For more information about this series please visit brill.nl/iyb ISSN: 0074-9621

International Law & Human Rights

2009
October 2008 ISBN 978 90 04 16728 5 Cloth with dustjacket (1500 pp.) List price EUR 520.- / US$ 640. The International Year Book and Statesmens Whos Who, 56 This is an authoritative and accessible volume containing invaluable information for diplomats, politicians and statesmen and women involved with international affairs. Concise but comprehensive, The International Year Book and Statesmens Whos Who is an essential reference tool for embassies, ministries, government departments, civil servants, researchers, librarians and all those interested in foreign affairs and global issues. It offers reliable information on every country in the world and includes profiles of territories, dependencies and federal states. In addition to offering background details on all states along with the latest available statistics and trends, The International Year Book and Statesmens Whos Who also includes full contact details and list URLs to facilitate further research. The country profiles cross-reference to the biographical section which contains over 3,800 entries of people of world-renown.

United Nations

As in previous editions, full profiles of the United Nations and its specialized and affiliated agencies are also published. These include the aims, structure, programs, funding, senior personnel and full contact details. Full and accurate information is also published on all significant intergovernmental organizations from the African Union to the Organization of Arab Petroleum Exporting Countries.

Online Edition
Online Price for subscribers to the series EUR 520.- / US$ 640. Special upgrade for customers of the 2009 Print Edition: Annual subscription EUR 160.- / US$ 210. The International Year Book and Statesmens Whos Who, 56 For more information, including a 30 days free trial (institutions only) or for more price options, please contact brillonline@brill.nl or brillonline@brillusa.com (for the Americas).

Biographies

Over 3,800 profiles will be published in the 2009 edition. With its extensive international coverage The International Year Book and Statesmens Whos Who is an important research tool for those interested in the details of the politicians and states people who shape our world. Political coverage extends from heads of state to cabinet ministers to party leaders from across the globe: Birgitta Dahl, Chair of the Board, UNICEF, Sweden Lennart Bage, President, International Fund for Agricultural Development (IFAD) J.G. de Hoop Scheffer, Secretary General, NATO Andrew Li Kwok Nang, Chief Justice, Court of Final Appeal, Hong Kong Christian Noyer, Governor, Banque de France Vahe Gabrielyan, Armenian Ambassador to the UK Isatou N jie-Saidy, Vice President & Minister of State for Womens Affairs, The Gambia Leornard Orban, EU Commissioner for Multilingualism Giorgio Napolitano, President of Italy Gladys Asmah, Minister of Fisheries, Ghana Sheilabai Bappoo, Minister of Social Security, National Solidarity and Senior Citizens Welfare and Reform Institutions, Mauritius

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Special Features of the Online Edition


The Online edition gives access until 31 December 2009. It includes the following features: - Extensive range of search and browse functions - Clear interface - Latest available economic, political and statistical data - State profiles include current affairs and recent events - Thousands of verified hypertext web links to external sites - Even more content, including more biographical information - Hypertext links to state constitutions - Updated quarterly

International Organizations

The International Year Book and Statesmens Whos Who includes a newly formatted International Organizations section with an overview of over 500 organizations world-wide. The listings are arranged alphabetically within specialities ranging from Agriculture to Government and Politics to Welfare and Human Rights. Full contact details, including website addresses, follow each organization overview.

Publications of the Hague Academy of International Law

Recueil des cours de lAcadmie de la Haye en ligne / The Hague Academy Collected Courses Online

International Law & Human Rights

For more information, please visit nijhoffonline.nl

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Brill is delighted to announce the launch of The Hague Academy Collected Courses Online / Recueil des Cours de lAcadmie de la Haye en ligne, opening up online access to over 80 years of the history of international law to students and researchers around the world. The Hague Academy of International Law is a centre for high-level education in public and private international law. The Academys scientific body, the Curatorium, calls upon foremost

specialists, including academics, practitioners, diplomats, and other leading experts from all over the world, to deliver courses to an international audience in English or French. The courses are published in the Collected Courses of the Hague Academy of International Law, which are the most important encyclopaedic publication on private and public international law.

Ke y Fe ature s

Essential online resource for law libraries Over 320 volumes Content of new courses added to the online edition throughout the year Online edition is fully searchable and bilingual

Annual Subscription Prices


Unlimited Site License Libraries with a standing order to the print edition: Libraries with no print holdings: List price EUR 2880.- / US$ 4260. List price EUR 3500.- / US$ 5180.Limited Site License (3 concurrent users) List price EUR 1960.- / US$ 2900. List price EUR 2380.- / US$ 3520.-

For further details and for additional pricing options, including consortia pricing or outright purchase options, please contact brillonline@brill.nl.

Publications of the Hague Academy of International Law

The Hague Academy of International Law Monographs


The Hague Academy of International Law Monographs were initiated by the Hague Academy in order to further its aim to disseminate knowledge to the greatest extent possible. The Series contains re-edited and updated versions of seminal (general) courses delivered at the Hague Academy of International Law. For more information about this series, please visit brill.nl/HAMO

International Law & Human Rights

Adjudicatory Authority in Private International Law


A Comparative Study
Arthur T. von Mehren; Completed with the assistance of Dr. Eckart Gottschalk
October 2007 ISBN 978 90 04 15881 8 Hardback (xxvi, 386 pp.) List price EUR 125.- / US$ 175. The Hague Academy of International Law Monographs, 5 This book is a revised and expanded version of the General Course delivered by the author at the Hague Academy of International Law. It contains three parts that discuss theory and practice of adjudicatory authority in private international law in comparative perspective focusing on the United States, Germany and the European Union. The first part examines the foundations and emergence of jurisdictional theory elaborating on the types of adjudicatory authority and the design of jurisdictional provisions. Part two covers basic themes and pervasive issues reflecting, inter alia, on the actor sequitor forum rei principle, choice of forum agreements, forum non conveniens, antisuit injunctions and the lis pendens doctrine. The last part explores the role of international instruments for achieving convergence and harmonization. It analyzes the design of judgments conventions and in particular the efforts of the Hague Conference on Private International Law to foster worldwide harmonization. The volume was completed with the assistance of Dr. Eckart Gottschalk.

The American Choice-of-Law Revolution: Past, Present and Future


Symeon C. Symeonides
September 2006 ISBN 978 90 04 15219 9 Hardback (xxviii, 480 pp.) List price EUR 147.- / US$ 219. The Hague Academy of International Law Monographs, 4 This book is an updated and expanded version of the General Course delivered by the author at the Hague Academy of International Law in 2002. The book chronicles and evaluates the intellectual movement known as the revolution in American private international law. This movement began in the 1960s, caught fire in the 70s, spread in the 80s and declared victory in the 90s, leading to the abandonment of the centuries-old choice-of-law system, at least for torts and contracts. This book: explores the revolutions philosophical and methodological underpinnings; provides the most comprehensive and systematic analysis of court decisions following the revolution; identifies the revolutions successes and failures; and proposes ways and means (including a new breed of smart choice-of-law rules) to turn the revolutions victory into success.

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Publications of the Hague Academy of International Law

The Humanization of International Law


Theodor Meron
This work aims to consider the influence of human rights and humanitarian law on general international law: the humanization of international law. Although human rights and humanitarian norms are central to the book, it is not a book about human rights and humanitarian law. Rather, it deals with the radiation, or the reforming effect, that human rights and humanitarian law have had on other fields of public international law. Because of the peculiarities of human rights law, this influence cannot be taken for granted. It is sometimes said that the elaboration of human rights norms and institutions has produced no less than a revolution in the system of international law. Is this true and if so in which parts of international law? By examining most areas of public international law, the author attempts to demonstrate that the influence of human rights and humanitarian norms has not remained confined to one sector of international law, but that its influence has spread to many parts, albeit to varying degrees. The Humanization of International Law is a revised and expanded version of the General Course on Public International Law delivered by the author at the Hague Academy of International Law in 2003.

International Law & Human Rights

May 2006 ISBN 978 90 04 15060 7 Hardback (xvi, 552 pp.) List price EUR 153.- / US$ 228. The Hague Academy of International Law Monographs, 3 June 2006 ISBN 978 90 04 15193 2 Paperback (xvi, 552 pp.) List price EUR 60.- / US$ 89. The Hague Academy of International Law Monographs, 3

Centre for Studies and Research in International Law and International Relations / Centre dtude et de recherche de droit international et de relations internationals
Centre dEtude et de Recherche de Droit, co-published by the Hague Academy of International Law
For more information about this series please visit brill.nl/cerd

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December 2008 ISBN 978 90 04 17282 1 Paperback (240 pp.) List price EUR 46.- / US$ 69. Centre for Studies and Research in International Law and International Relations / Centre dtude et de recherche de droit international et de relations internationales, 21

Rules and Institutions of International Humanitarian Law Put to the Test of Recent Armed Conflicts
2007
Les organes dirigeants de lAcadmie; The Governing Bodies of the Academy; Centre dtude et de recherche 2007; Les rgles et les institutions du droit international humanitaire lpreuve des conflits arms rcents; Centre for Studies and Research 2007; Rules and Institutions of International Humanitarian Law Put to the Test of Recent Armed Conflicts Bilan de recherches de la section de langue franaise du Centre dtude et de recherche de lAcadmie, par D. Momtaz, professeur lUniversit de Thran; The Present State of Research Carried Out by the Englishspeaking Section of the Centre for Studies and Research, by M. J. Matheson, Professor at George Washington University Law School; Annexe. Liste des participants et sujets traits; Annex. List of Participants and Subjects Treated; Le Centre dtude et de recherche de droit international et de relations internationales de lAcadmie de droit international de La Haye; The Centre for Studies and Research in International Law and International Relations of the Hague Academy of International Law.

Publications of the Hague Academy of International Law

Recueil des cours - Colloques / Workshops / Law Books of the Academy


The Academy publishes the papers from the Workshops which it organizes, each looking at future-oriented topics in international law. The Series also includes a collection of fundamental books, The Law Books of the Academy. More recently, if the Centre for Studies and Research attains an exceptionally high standard, a single volume containing the reports of the Directors and the best contributions from the participants is published as a volume in this Series. For more information about this series, please visit brill.nl/RADC

International Law & Human Rights

Topicality of the 1907 Hague Conference, the Second Peace Conference / Actualit de la Confrence de La Haye de 1907, Deuxime Confrence de la paix
Edited by Yves Daudet
The essays contained in this volume derive from a high-level Workshop organized by the Hague Academy of International Law to determine whether the legal fundamentals that were established a century ago remain relevant today or whether they have been affected by the requirements of todays world. The world of a century ago only faintly resembles the world in which we now live, and it is therefore legitimate to ask whether the rules laid down in 1907 respond to the needs of 2007. How can it be disputed that the requirement for peace, law, the settlement of disputes, and humanitarian principles still exists, and even more emphatically than in the past?

December 2008 ISBN 978 90 04 17421 4 Hardback (528 pp. with English and French texts) List price EUR 282.- / US$ 420. Collected Courses of the Hague Academy of International Law / Recueil des cours de lAcadmie de Droit International de la Haye, Recueil des cours Colloques / Workshops / Law Books of the Academy, 31 December 2008 ISBN 978 90 04 17422 1 Paperback (528 pp. with English and French texts) List price EUR 75.- / US$ 111. Collected Courses of the Hague Academy of International Law / Recueil des cours de lAcadmie de Droit International de la Haye, Recueil des cours - Colloques / Workshops / Law Books of the Academy, 31

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Table of Contents

Prsentation, par Y. DAUDET Presentation by Y. DAUDET Ouverture du colloque Opening of the workshop 1. Ouverture du colloque par S. E. M. B. BOUTROS-GHALI; 2. Discours de S. E. M. M. VERHAGEN; 3. Address by H.E. S. A. ORDZHONIKIDZE; 4. Address by S. BALDEWSINGH; 5. Remarks by H.E. H. CORELL Premire partie First Part LA CONFRENCE DE LA HAYE DE 1907 : ORIGINES ET PERSPECTIVES THE 1907 HAGUE CONFERENCE: ORIGINS AND PROSPECTS I. Communications II. Compte rendu des dbats Summing up Deuxime partie Second Part LA CONFRENCE DE LA HAYE ET LA JURIDICTIONNALITATION DU RGLEMENT DES DIFFRENDS THE HAGUE CONFERENCE AND GROWTH IN ADJUDICATION FOR THE SETTLEMENT OF DISPUTES I. Communications II. Compte rendu des dbats

Summing up Troisime partie Third Part LA CONFRENCE DE LA HAYE ET LA RESTRICTION DE LEMPLOI DE LA FORCE THE HAGUE CONFERENCE AND RESTRICTIONS ON THE USE OF FORCE 1. Force and the settlement of political disputes : the debate/La force et le rglement des diffrends politiques : arguments croiss, par/by M. GLENNON et/and A. PELLET; Michael J. Glennon; Alain Pellet; 2. The Hague Conference and restrictions on the use of force. The question of the use of force today. The point of view of the United Nations by R. ZACKLIN; 3. Articulation entre le droit de La Haye et le droit de Genve au lendemain des Confrences de 1906 et de 1907, par Ch. SWINARSKI; Clture du colloque Closing of the workshop Annexes 1. ACTES DE LA DEUXIME CONFRENCE DE LA PAIX (signs le 18 octobre) 2. ACTS OF THE SECOND PEACE CONFERENCE (signed on 18 October 1907) [Translation]

Publications of the Hague Academy of International Law

The Pocket Books of the Hague Academy of International Law / Les livres de poche de lAcadmie de droit international de la Haye
For more information about this series please visit brill.nl/hapb

Aspects philosophiques du droit de larbitrage international


Emmanuel Gaillard Le droit de larbitrage, plus encore que le droit international priv, se prte une rflexion de philosophie du droit. Les notions, essentiellement philosophiques, de volont et de libert sont au coeur de la matire. La libert des parties de prfrer aux juridictions tatiques une forme prive de rglement des diffrends, de choisir leur juge, de forger la procdure qui leur parat la plus approprie, de dterminer les rgles de droit applicables au diffrend, quitte ce quil sagisse de normes autres que celles dun systme juridique donn, la libert des arbitres de se prononcer sur leur propre comptence, de fixer le droulement de la procdure et, dans le silence des parties, de choisir les normes applicables au fond du litige, soulvent autant de questions de lgitimit. Le prsent ouvrage sattache identifier les postulats philosophiques qui sous-tendent la matire, montrer leur profonde cohrence et les consquences pratiques qui en dcoulent dans la rsolution des grands contentieux du commerce international.

International Law & Human Rights

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July 2008 ISBN 978 90 04 17148 0 Paperback (240 pp. in French) List price EUR 15.- / US$ 24. The Pocket Books of the Hague Academy of International Law / Les livres de poche de lAcadmie de droit international de la Haye, 1

The Evolution of Sustainable Development in International Law: Inception, Meaning and Status
Nico Schrijver, Leiden University The aim of this book is threefold: to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. December 2008 ISBN 978 90 04 17407 8 Paperback (276 pp.) List price EUR 15.- / US$ 24. The Pocket Books of the Hague Academy of International Law / Les livres de poche de lAcadmie de droit international de la Haye, 2

For more information on titles from the Hague Academy of International Law, please visit: Brill.nl/RADI Brill.nl/RADC Brill.nl/HAMO Brill.nl/HAPB Brill.nl/CERD nijhoffonline.nl

Primary Sources

Now available Online: Human Rights Documents Online


Material from Human Rights Internet (HRI) in Ottawa, Canada

International Law & Human Rights

This collection is also available on microfiche For prices or a free trial visit idc.nl or contact sales@idc.nl.

Human Rights Documents Online is a fully searchable online database of human rights documents published since 1980, from 417 non-governmental human rights organizations worldwide, collected and edited by Human Rights Internet in Ottawa. In 2009 over 10,000 documents published by 417 NGOs worldwide, covering universal human rights issues or those in specific areas of the world will be available on Human Rights Documents Online. The collection currently covers the years 1980-2006 and spans the entire range of human rights issues. The collection represents the concerns of all groups in all regions of the world: Africa, Asia and the Pacific, the Middle East, Latin America, North America, and Europe. An important feature is the inclusion of so-called grey literature, publications that are produced in limited numbers and very narrowly disseminated; material often produced on poor quality paper, in odd shapes and sizes, at irregular intervals; organizations which emerge to confront a particular crisis often dissolve after the crisis ends, and the documentation of those organizations disappears.

The collection is updated regularly. Typically, an update includes both supplemented and new titles. Y SOURCES Full text searchable Documents published since 1980 Updated regularly Free trial available for institutions Human Rights Internet receives 30% of the revenue of this publication

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Human Rights

Council of Europe Manuals - Human Rights in Culturally Diverse Societies


Malcolm D. Evans and Anne Weber
The origins of these Manuals lie in the increasing interest and importance of questions concerning the manner in which the freedom of religion and belief is to be enjoyed in Europe today, and how freedom of expression can be reconciled with other rights in a multi-cultural society. These volumes, written by human rights experts and commissioned by the Council of Europe (one in English and the other in French), offer an overview of two contentious topics the wearing of religious symbols in public areas and the issue of hate speech - and supply insight into key concepts in the jurisprudence of the Court, the role and responsibilities of the state and individuals, key definitions and essential questions for policy makers.

International Law & Human Rights

November 2008 ISBN 978 90 04 17274 6 Paperback set (Part I: viii, 136 pp. Part II: vi, 98 pp. with English and French texts, 2 vols.) List price EUR 70.- / US$ 112.-

Human Rights and the Unborn Child


Rita Joseph
This challenging volume gathers a selection of the mass of material available from the major human rights instruments, from first drafts, legislative histories, and contemporary commentaries, from more recent scholarship as well as from the General Comments and Concluding Observations and Recommendations of the various treaty monitoring bodies relating to the topic of the unborn child. It attempts to hold them up to the searchlight of historical context, including a reminder of the original purpose and meaning and the philosophical foundation of modern international human rights law.

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May 2009 ISBN 978 90 04 17560 0 International Studies in Human Rights, 101 List price EUR 100.- / US$ 148

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


Volume 20 2004
Edited by Inter-American Commission on Human Rights / La Comision Interamericana de Derechos Humanos
This volume of the Inter-American Yearbook on Human Rights covers the year 2004 and is organized along the same lines as its predecessors. Part One provides general information concerning the Inter-American Commission on Human Rights, and Part Two contains information concerning the Inter-American Court of Human Rights. This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights.

March 2009 ISBN 978 90 04 17396 5 Hardback (3004 pp. with English and Spanish texts, 2 vols.) List price EUR 625.- / US$ 1000. Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, 20

Human Rights

Israel Yearbook on Human Rights


For more information on this series please visit brill.nl/iyhr ISSN: 0333-5925

Israel Yearbook on Human Rights, Volume 38 (2008)


Edited by Yoram Dinstein and Fania Domb
The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). December 2008 ISBN 978 90 04 17358 3 Cloth (viii, 360 pp.) List price EUR 160.- / US$ 256. Israel Yearbook on Human Rights, 38

International Law & Human Rights

Table of Contents

Articles I. International Humanitarian Law II. The War on Terrorism III. International Law Special Supplement Judicial Decisions

The Raoul Wallenberg Institute Human Rights Library


Series Editor: Professor Gudmundur Alfredsson
For more information on this series please visit brill.nl/rawa ISSN: 1388-3208

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International Human Rights Monitoring Mechanisms


Essays in Honour of Jakob Th. Mller, 2nd Revised edition
Edited by Gudmundur Alfredsson, Jonas Grimheden, Bertrand G. Ramcharan and Alfred de Zayas
This revised and updated collection is intended to serve as a thematic textbook on the institutions and procedures devoted to the national implementation of human rights and to the international monitoring of State performance. Albeit not exhaustive, the coverage extends to most of the monitoring instances available at intergovernmental and non-governmental organizations: complaints, fact-finding and investigative procedures, State reporting obligations, good offices actions, dialogue functions, human rights education, dissemination of human rights information, letter campaigns, and technical co-operation. The target audience of the book is students of international human rights law, but the book can also serve as a guide for both officials and activists involved in the realization of human rights.The success of the first edition has allowed for this second edition. It demonstrates that there is a important demand for literature with a focus on human rights monitoring and follow-up activities.

June 2009 ISBN 978 90 04 16236 5 Hardback (850 pp) List price EUR 195.- / US$ 274. The Raoul Wallenberg Institute Human Rights Library, 35

Human Rights

International Studies in Human Rights


For more information on this series please visit brill.nl/ishr ISSN: 0924-4751

Fair Balance: A Study of Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights
Jonas Christoffersen, Copenhagen University
International Law & Human Rights

April 2009 ISBN 978 90 04 17028 5 Hardback (690 pp.) List price EUR 175.- / US$ 280. International Studies in Human Rights, 99

In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courts fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of primarity in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

Yearbook of the European Convention on Human Rights / Annuaire de la convention europeenne des droits de lhomme
Edited by the Council of Europe, Directorate of Human Rights / Conseil de leurope, Direction des droits de lhomme
For more information on this series please visit brill.nl/echr

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Volume 50 (2007)
Edited by the Directorate General of Human Rights and Legal Affairs/Direction gnrale des droits de lHomme et des affaires juridiques.
The Yearbook includes: - Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. - Full listing of Court judgments; judgments broken down by subject-matter; and extensive summaries of key judgments handed down by the Court during the year. - Selected human rights (DH) resolutions adopted as part of the Committee of Ministers work supervising the execution of the Courts judgments. - Enquiries by the Secretary General carried out under Article 52 of the Convention. - Other work of the Council of Europe connected with the European Convention on Human Rights, carried out by the Committee of Ministers, the Parliamentary Assembly, and the Directorate General of Human Rights. - A summary survey of the implementation in certain member states of the Convention in the form of both legislation and case-law. - Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.

December 2008 ISBN 978 90 04 17485 6 Hardback (xi, 750 pp.) List price EUR 425.- / US$ 629. Yearbook of the European Convention on Human Rights / Annuaire de la convention europeenne des droits de lhomme, 50

Human Rights

Nijhoff Law Specials


For more information on this series please visit brill.nl/nlsp ISSN: 0924-4549

The Protection Roles of UN Human Rights Special Procedures


Bertrand G. Ramcharan, Graduate Institute, Geneva
As the system of human rights special procedures goes forward to deal with the continuing and new challenges of human rights protection it is of great value to record and recall the considerable body of practice and precedents they have developed for the protection of human rights since the first special procedure was established in the mid 1960s. That is the particular merit of this path-breaking book. The author, who was one of the pioneers in the establishment and operation of the system of special procedures, tells in this book the story of the establishment, history, operations, successes and challenges of the special procedures through the lens of efforts for international protection. In the introduction he summarises their protection roles, which he sets out further in the substantive chapters. In the conclusion he provides an assessment of their protection roles. He notes that while they contribute greatly, the challenges of international protection are still many, and the author invites the international community to a higher level of protection.

International Law & Human Rights

December 2008 ISBN 978 90 04 17147 3 Paperback (x, 214 pp.) List price EUR 70.- / US$ 112. Nijhoff Law Specials, 74

Escaping the Self-Determination Trap


Marc Weller, University of Cambridge
There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russias recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context cannot contribute to the resolution of the presently ongoing selfdetermination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.

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January 2009 ISBN 978 90 04 17488 7 Hardback (230 pp.) List price EUR 50.- / US$ 74.-

Cultural Heritage Issues


The Legacy of Conquest, Colonization and Commerce
Edited by James A.R. Nafziger and Ann M. Nicgorski
The essays contained in this challenging volume are based on papers presented at an international conference on cultural heritage issues that took place at Willamette University . The conference sought to generate fresh ideas about these cultural heritage issues; offer a good sense of their nuances and complexities; and reveal how culture, law, and ethics can interact, complement, diverge, and contradict one another. This book seeks to accomplish these purposes. What it explores is the fact that, allong with an emerging blend of adversarial and collaborative processes to address cultural heritage issues, has come a substantial broadening of the normative framework in recent years.

May 2009 ISBN 978 90 04 16036 1 Hardback (450 pp.) List price EUR 130.- / US$ 192.-

Human Rights

European Yearbook of Minority Issues


Edited by the European Centre for Minority Issues and The European Academy Bozen/Bolzano
For more information on this series please visit brill.nl/eymo ISSN: 1570-7865

Volume 6 (2006/2007)
Edited by the European Centre for Minority Issues and The European Academy Bozen/Bolzano
International Law & Human Rights

December 2008 ISBN 978 90 04 17423 8 Hardback (x, 590 pp.) List price EUR 295.- / US$ 437. European Yearbook of Minority Issues, 6

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe. Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organizations.

International Studies in Human Rights


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For more information on this series please visit brill.nl/ishr

ISSN: 0924-4751

The UN Convention on the Rights of Persons with Disabilities


European and Scandinavian Perspectives
Edited by Oddn Mjll Arnardttir, University of Edinburgh and Gerard Quinn, Harvard Law School
The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring general human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.

May 2009 ISBN 978 90 04 16971 5 Hardback (xxiv, 308 pp.) List price EUR 75.- / US$ 111. International Studies in Human Rights, 100

Human Rights

Taking Employment Discrimination Seriously: Chinese and European Perspectives


Dr Yuwen Li and Dr Jenny Goldschmidt
Prevalent employment discrimination is a relatively new phenomenon in post-1978 reformist China. Before that, the employment market, as part of the central planned economy, was overwhelmingly regulated and controlled by the government. The rapid economic reform in the 1980s changed this situation quickly and dramatically. Against this background, some Chinese legal scholars started to critically examine employment discrimination practice in China, as well as the legal system associated with it.

May 2009 ISBN 978 90 04 17717 8 Hardback(320 pp) List price EUR 75.- / US$ 104.-

International Law & Human Rights

On Cultural Rights: The Equality of Nations and the Minority Legal Tradition
William Kurt Barth, University of Oxford

The Effectiveness of Domestic Human Rights NGOs


A Comparative Study Scott Calnan

August 2008 ISBN 978 90 04 16842 8 Hardback (xiv, 258 pp.) List price EUR 100.- / US$ 149.-

November 2008 ISBN 978 90 04 17021 6 Hardback (xiv, 358 pp.) List price EUR 115.- / US$ 184.-

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Freshwater Access from a Human Rights Perspective


A Challenge to International Water and Human Rights Law Knut Bourquain

Lexicon Of Human Rights / Les Dfinitions des Droits de lHomme


Cdric Viale

October 2008 ISBN 978 90 04 16954 8 Hardback (x, 258 pp.) List price EUR 85.- / US$ 136. International Studies in Human Rights, 97

August 2008 ISBN 978 90 04 16584 7 Hardback (x, 518 pp. with English and French texts) List price EUR 150.- / US$ 224.-

Related Journals

For full information on these journals please refer to our journals section on page 52

Childrens Rights

Childrens Bioethics
The International Biopolitical Discourse on Harmful Traditional Practices and the Right of the Child to Cultural Identity
Maya Sabatello, University of Southern California
Only scant attention has been given to the issue of childrens bioethics. Even when such a discourse took place, it hardly touched upon children as social agents. In this novel work, Maya Sabatello looks at the body politics of religious and cultural medical practices - from harmful traditional practices to genetic engineering. Building on literature from medical anthropology, cultural studies, disability studies, social sciences, and law, she explores the international discourse on childrens bioethics from a previously uncharted child-centered approach. In light of the existing multiculturalism, she contends that in the discourse on childrens bioethics, not only must the medical, social and, anthropological nexus of the child be taken into account, but that incorporating identity claims into the legal discourse is also essential for the childs voice to be heard.

International Law & Human Rights

March 2009 ISBN 978 90 04 17341 5 Hardback (308 pp.) List price EUR 90.- / US$ 133.-

A Commentary on the United Nations Convention on the Rights of the Child Volume 2 Article 2: The Right of Non-Discrimination
Bruce Abramson July 2008 ISBN 978 90 04 14917 5 Paperback (xviii, 154 pp.) List price EUR 70.- / US$ 104. Price for subscribers to the series EUR 50.- / US$ 75. A Commentary on the United Nations Convention on the Rights of the Child, 2

Commentary on the United Nations Convention on the Rights of the Child Volume 21 Article 21: Adoption
Sylvain Vit and Herv Bochat June 2008 ISBN 978 90 04 14874 1 Paperback (xvi, 64 pp.) List price EUR 62.- / US$ 92. Price for subscribers to the series EUR 42.- / US$ 63. A Commentary on the United Nations Convention on the Rights of the Child, 21

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The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child
Protecting the Most Vulnerable at the Edge Mnica Feria Tinta

The Right of the Child to Religious Freedom in International Law


Sylvie Langlaude

March 2008 ISBN 978 90 04 16513 7 Hardback (xxiv, 672 pp.) List price EUR 195.- / US$ 291. International Studies in Human Rights, 96

December 2007 ISBN 978 90 04 16266 2 Hardback (xxviii, 292 pp.) List price EUR 100.- / US$ 141. International Studies in Human Rights, 93

Related Journal

For full information on this journal please refer to our journals section on page 52

Humanitarian Law

International Studies in Human Rights


For more information on this series please visit brill.nl/ishr ISSN: 0924-4751

Personal Freedom through Human Rights Law?


Autonomy, Identity and Integrity under the European Convention on Human Rights
Jill Marshall, University of London
Article 8 of the European Convention on Human Rights provides a right to respect for ones private life. The European Court of Human Rights has interpreted this provision broadly to include a right to personal autonomy, identity and integrity. The book examines these concepts by interconnecting case law from the Court with the philosophical debates, including those in feminism, in four parts: (1) personal freedom and human rights law (2) privacy and personal autonomy (3) personal identity (4) bodily and moral integrity. The author notes, through her analysis of the Courts case law, that different versions of freedom are evident in the jurisprudence, including one which may restrict human freedom rather than enhance it through human rights law. This book will be invaluable to scholars of the Court, human rights and issues of the self.
International Law & Human Rights

November 2008 ISBN 978 90 04 17059 9 Hardback (x, 238 pp.) List price EUR 85.- / US$ 136. International Studies in Human Rights, 98

International Law in Japanese Perspective


Series Editors: Yuji Iwasawa and James Crawford
For more information on this series please visit brill.nl/iljp

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The Law of Occupation


Continuity and Change of International Humanitarian Law, and its Interaction with International Human Rights Law
Yutuka Arai, University of Kent
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

April 2009 ISBN 978 90 04 16246 4 Hardback (850 pp.) List price EUR 195.- / US$ 289. International Law in Japanese Perspective, 11

Humanitarian Law

International Humanitarian Law Series


Editors-in-Chief: Professor Christopher Greenwood and Professor Timothy L.H. McCormack
For more information about this series please visit brill.nl/ihul ISSN: 1389-6776

International Legal Dimension of Terrorism


Edited by Pablo Antonio Fernndez-Snchez, University of Seville
This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism. The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective.

International Law & Human Rights

November 2008 ISBN 978 90 04 17053 7 Hardback (xiv, 514 pp.) List price EUR 150.- / US$ 240. International Humanitarian Law Series, 23

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Violations of the Rules Applicable in Non-International Armed Conflicts and Their Possible Causes
The Case of Somalia
Omar Abdulle Alasow
While all armed conflicts are marked by violations of international humanitarian law, noninternational armed conflicts appear to be characterised by even more serious violations of international humanitarian law on a colossal scale. This study is aimed at understanding the possible factors that may cause parties to non-international armed conflicts to engage in violations despite the fact that not only international humanitarian law but also other bodies of rules (e.g. legal and moral) impose restrictions and obligations similar to international humanitarian law. Somalia, which for over 15 years has been experiencing internal armed conflicts marked by widespread violations, is a typical case. This study addresses the root causes of the internal armed conflict in Somalia and identifies factors which contributed to the collapse of the Somali state and the reasons for its continuing conflict. It also examines the characteristics of the conflict.

May 2009 ISBN 978 90 04 16475 8 Hardback (392 pp.) List price EUR 120.- / US$ 192. International Humanitarian Law Series, 21

Humanitarian Law

International Law and Armed Conflict: Exploring the Faultlines


Edited by Michael Schmitt and Jelena Pejic
In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinsteins classic works War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict the book addresses both ius ad bellum and ius in bello topics.

December 2008 ISBN 978 90 04 15428 5 Hardback (xxxviii, 590 pp.) List price EUR 163.- / US$ 243. International Humanitarian Law Series, 15

International Law & Human Rights

United Nations Naval Peace Operations in the Territorial Sea


Rob McLaughlin, University of Cambridge
This book examines UN naval peace operations, addressing the construction and assessment of authority with respect to a range of acts essential to the conduct of such operations. The focus is particularly upon operations as they relate to and impact upon the Territorial Sea. Within a conceptual approach emphasising the interaction of power and legitimation in the construction of authority, naval peace operations issues such as Innocent Passage, interdiction operations, and transitional administration are considered. The book concludes by proposing a conceptually and operationally sensitive approach to constructing authority for the conduct of UN naval peace operations in the Territorial Sea.

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June 2009 ISBN 978 90 04 17479 5 Hardback (210 pp.) List price EUR 85.- / US$ 126. International Humanitarian Law Series, 24

The Moral Dimension of Asymmetrical Warfare


Counter-terrorism, Democratic Values and Military Ethics
Edited by Th. A. van Baarda and D.E.M. Verweij Table of Contents
PART I The superpower and asymmetry PART II Jus ad bellum, jus in bello, jus post bellum PART III Leadership and accountability PART IV Soldiers perspectives PART V Ethical Education and Decision-making for the Military PART VI Stress and trauma PART VII The media PART VIII Democracy under Scrutiny PART IX In Hindsight

March 2009 ISBN 978 90 04 17129 9 Hardback (536 pp.) List price EUR 135.- / US$ 216.-

Humanitarian Law

Reparations for Victims of Genocide, War Crimes and Crimes against Humanity
Systems in Place and Systems in the Making
Edited by Carla Ferstman, Mariana Goetz and Alan Stephens
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered.

International Law & Human Rights

April 2009 ISBN 978 90 04 17449 8 Hardback (viii, 566 pp.) List price EUR 170.- / US$ 252.-

Law at War: The Law as it Was and the Law as it Should Be


Liber Amicorum Ove Bring Edited by Ola Engdahl and Pl Wrange

Religious Legal Traditions, International Human Rights Law and Muslim States
Kamran Hashemi July 2008 ISBN 978 90 04 16555 7 Hardback (xviii, 286 pp.) List price EUR 85.- / US$ 127. Studies in Religion, Secular Beliefs and Human Rights, 7

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August 2008 ISBN 978 90 04 17016 2 Hardback (xii, 332 pp.) List price EUR 125.- / US$ 200. International Humanitarian Law Series, 22

Unlawful Attacks in Combat Situations


From the ICTYs Case Law to the Rome Statute

Law Enforcement within the Framework of PSO


Edited by Roberta Arnold

Hctor Olsolo May 2008 ISBN 978 90 04 16510 6 Hardback (475 pp.) List price EUR 132.- / US$ 185. International and Comparative Criminal Law Series, 28

February 2008 ISBN 978 90 04 16200 6 Hardback (xx, 292 pp.) List price EUR 105.- / US$ 148. International Humanitarian Law Series, 18

The Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance?


Edited by David A. Blumenthal and Timothy L.H. McCormack

December 2007 ISBN 978 90 04 15691 3 Hardback (xxvi, 338 pp.) List price EUR 147.- / US$ 208. International Humanitarian Law Series, 20

International Criminal Law

New Series: Studies in Intercultural Human Rights


Editor-in-Chief : Siegfried Wiessner, St. Thomas University Board of Editors: W. Michael Reisman, Mahnoush H Arsanjani, Nora Demleitner, Christof Heyns, Eckart Klein, Kalliopi Koufa, Makau Mutua, Martin Nettesheim, Thomas Oppermann, Herbert Petzold, Martin Scheinin

NEW

This series offers path-breaking studies in the dynamic field of intercultural human rights. Its primary aim is to publish volumes which offer interdisciplinary analysis of global societal problems, review past legal responses, and develop solutions which maximize access by all to the realization of universal human aspirations. It also includes other original studies in the field of human rights. For more information about this series please visit brill.nl/sihr ISSN: 1876-9861

Due Process and International Terrorism


An International Legal Analysis
Roza Pati, University of Potsdam, Germany
This book is unique as it comprehensively analyzes the international guarantees of due process in criminal law ranging from arrest and detention to other pre-trial procedures to the trial itself and appeals, both in times of normalcy and in times of emergency, against the background of the Global War on Terror. Relevant jurisprudence of universal and regional human rights systems is complemented by pertinent customary international law, including humanitarian law, and pertinent guarantees in the hybrid systems of international criminal tribunals. These international due process norms are then compared with pertinent United States criminal procedure, both in times of peace and times of emergency, including the most recent treatment and adjudication of terrorist suspects in Guantnamo and beyond. The book ends with an appraisal of these past measures of counter-terrorism and recommendations regarding the proper balance to be struck between the due process interests of the accused and the security interests of the community.

International Law & Human Rights

May 2009 ISBN 978 90 04 17238 8 Hardback (520 pp.) List price EUR 150.- / US$ 222. Studies in Intercultural Human Rights, 1

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The Travaux Prparatoires of Multilateral Treaties


For more information about this series please visit brill.nl/tpmt ISSN: 1875-9807

The Genocide Convention: The Travaux Prparatoires


Hirad Abtahi and Philippa Webb
This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Conventions travaux prparatoires an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the general rule of interpretation and the supplementary means of interpretation under the 1969 Vienna Convention on the Law of Treaties is concerned.

December 2008 ISBN 978 90 04 16418 5 Hardback (vol1, xxxviii, 1252. vol 2, xvi, 965, 2 vols.) List price EUR 395.- / US$ 585. The Travaux Prparatoires of Multilateral Treaties, 2

International Criminal Law

Crime, Addiction and the Regulation of Gambling


Edited by Toine Spapens, Alan Littler and Cyrille Fijnaut
This is the third book to be produced by members of the Gambling Research Group associated with Tilburg Universitys Faculty of Law concerning issues closely connected with the debate on the gambling policies that the European Union and its Member States are pursuing. The contributions to this third book turn the spotlight on two social problems: crime and addiction, both of which play a significant part in the institutional debate in the European Union concerning whether gambling should be treated as a service that like other services should be subject to the laws universally applicable to the internal market. This volume is primarily devoted to the research that has been conducted in several Member States into the problems of gambling-related crime and addiction. It also examines developments at EU level: What policy is the European Commission currently pursuing? And what stance does the European Court of Justice take these days? Crime and addiction problems that can arise in the context of online gambling and at possible ways of keeping them under control. are also examined. For table of contents please visit brill.nl

International Law & Human Rights

December 2008 ISBN 978 90 04 17218 0 Hardback (xiv, 254 pp.) List price EUR 100.- / US$ 160.-

The Theory and Practice of International Criminal Law


Essays in Honor of M. Cherif Bassiouni Edited by Leila Nadya Sadat and Michael P. Scharf

General Principles of Law in the Decisions of International Criminal Courts and Tribunals
Fabin O. Raimondo, Assistant Professor of Public International Law at Erasmus University Rotterdam

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July 2008 ISBN 978 90 04 16631 8 Hardback (476 pp.) List price EUR 125.- / US$ 145.-

October 2008 ISBN 978 90 04 17047 6 Hardback (xxii, 214 pp.) List price EUR 90.- / US$ 145.-

The Relationship between the International Criminal Court and National Jurisdictions
The Principle of Complementarity Jo Stigen July 2008 ISBN 978 90 04 16909 8 Hardback (xii, 536 pp.) List price EUR 195.- / US$ 312. The Raoul Wallenberg Institute Human Rights Library, 34

The Principle of Complementarity in International Criminal Law


Origin, Development and Practice Mohamed M. El Zeidy

September 2008 ISBN 978 90 04 16693 6 Hardback (xxxii, 368 pp.) List price EUR 105.- / US$ 148.-

Related Journals

For full information on these journals please refer to our journals section on page 52

Comparative Law

Immigration and Asylum Law and Policy in Europe


Edited by Jan Niessen and Elspeth Guild
For more information on this series please visit brill.nl/ialp ISSN: 1568-2749

Legal Frameworks for the Integration of Third-Country Nationals


Edited by Jan Niessen and Thomas Huddleston, Migration Policy Group
The Migrant Integration Policy Index (MIPEX) is a unique comparative study on indicators of the legal integration of third-country nationals. Though comparing countries on the basis of various indicator types is common in the private sector and increasingly used in policy areas like development, good governance and equality, the exercise remains relatively new in justice and home affairs. The book lays out the instruments used to construct the MIPEX and then situates the study within current debates on integration indicators and policy evaluation. Each chapter considers what the studys key findings add to our understanding of the state of integration policy development across Europe and of recent legal and policy trends on antidiscrimination, naturalisation, labour market access, and political participation.
International Law & Human Rights

June 2009 ISBN 978 90 04 17069 8 Hardback (200 pp.) List price EUR 80.- / US$ 118. Immigration and Asylum Law and Policy in Europe, 18

In Search of the Perfect Citizen?


The Intersection between Integration, Immigration and Nationality in the EU
Sergio Carrera
This book studies the normative intersection between integration, immigration and nationality in the European Union (EU). It examines the relationship between integration and the legal frameworks of admission, stay and access to nationality by third country nationals at national and European levels. Integration is being subject to multifaceted processes transforming its traditional policy and legal settings, as well as its classical theoretical premises and approaches. The Europeanisation of immigration policy has provoked the emergence of distinctive European approaches on integration. The legal elements of integration are being developed through two parallel settings: the EU Framework on Integration and European immigration law. These venues constitute two of the main pillars upon which the common EU immigration policy is being constructed, and their nexus raises several elements in need of reflection and study.

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April 2009 ISBN 978 90 04 17509 9 Hardback (400 pp.) List price EUR 125.- / US$ 185. Immigration and Asylum Law and Policy in Europe, 17

Table of Contents

Abbreviations; Acknowledgements; Section I The Intersection Between Integration, Immigration and Nationality in the EU: Setting the Scene; Section II The Normativity of Integration in EU Law and Policy; Section III The Normativity of Integration in National Law: The Cases of Spain and France; Section IV The Interplay between EU and National Immigration Law: The General Principles of EU Law; Section V Conclusions;

Comparative Law

European Readmission Policy


Third Country Interests and Refugee Rights
Nils Coleman, European University Institute
Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.

International Law & Human Rights

December 2008 ISBN 978 90 04 16554 0 Hardback (xii, 396 pp.) List price EUR 95.- / US$ 142. Immigration and Asylum Law and Policy in Europe, 16

Law in Eastern Europe


General Editor: William B. Simons, University of Trento, University of Leiden
For more information on this series please visit brill.nl/laee ISSN: 0075-823X

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Private and Civil Law in Russia


The Civil Code and the Public/Private Distinction
Edited by William Simons, Professor, University of Trento, Italy
This volume contains proceedings of the second and third Institute of East European Law anniversary conferences. The results of the first convocation have been published in Law in Eastern Europe under the title: The Revival of Private Law in Central and Eastern Europe. The themes of the two later meetings were: The Impact of the Russian Civil Code on Legal Practice and its Meaning for Comparative Legal Studies and The Public/Private Distinction: The East European Debates at the End of a Decade of Reforms. Contributors to all three volumes have been practitioners and scholars from Russia as well as elsewhere in the European Legal Space and North America.

June 2009 ISBN 978 90 04 15534 3 Hardback (370 pp.) List price EUR 150.- / US$ 240. Law in Eastern Europe, 60

Related Journal

For full information on this journal please refer to our journals section on page xx

European Law

The Impact of Legislation


A Critical Analysis of Ex Ante Evaluation
Edited by Jonathan Verschuuren, Tilburg University
The newly established Research Group for Methodology of Law and Legal Research at Tilburg University (the Netherlands) brought together some of Europes top specialists in the field of ex ante evaluation of legislation, with backgrounds in law, social science, political science, and law and economics. The result of their collaborative effort is a comprehensive and critical book on the pros and cons and on the opportunities, limitations, and challenges of ex ante assessment of legislation.

March 2009 ISBN 978 90 04 17020 9 Hardback (300 pp.) List price EUR 99.- / US$ 147.-

International Law & Human Rights

The Rise and Fall of the EUs Constitutional Treaty


Edited by Finn Laursen

Digital Borders and Real Rights

Effective Remedies for Third-Country Nationals in the Schengen Information System Evelien Brouwer

May 2008 ISBN 978 90 04 16806 0 Hardback (xx, 560 pp.) List price EUR 147.- / US$ 208. Constitutional Law Library, 5

June 2008 ISBN 978 90 04 16503 8 Hardback (ixviii, 568 pp.) List price EUR 132.- / US$ 185. Immigration and Asylum Law and Policy in Europe, 15

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The Integration of Cultural Considerations in EU Law and Policies


Evangelia Psychogiopoulou

Citizenship of the Union and Freedom of Movement of Persons


Massimo Condinanzi, Alessandra Lang and Bruno Nascimbene

November 2007 ISBN 978 90 04 16239 6 Hardback (xviii, 402 pp.) List price EUR 158.- / US$ 222.-

May 2008 ISBN 978 90 04 16300 3 Hardback (xii, 268 pp.) List price EUR 95.- / US$ 134. Immigration and Asylum Law and Policy in Europe, 14

Private International Law

Contemporary Issues in International Arbitration and Mediation


The Fordham Papers
For more information on this series please visit brill.nl/ciam

Contemporary Issues in International Arbitration and Mediation


The Fordham Papers 2008
International Law & Human Rights

Arthur W. Rovine
This is the second annual volume of papers on international arbitration and mediation written by leading figures in the field who spoke at the 2008 Fordham Law School Conference on International Arbitration, held at Fordham in New York City on June 16-17, 2008. The 24 papers are organized into five parts that address investor-state arbitration, recent significant domestic judicial decisions involving or potentially involving international arbitration, class actions and consolidation in international arbitration, intellectual property and information technology issues, and mediation, including confidentiality, qualifications, M & A outcomes, the European Directive, and mediation in China. The papers focus on both practical considerations and scholarly analyses. The collection is of interest to those involved in investor-state and international commercial arbitration and mediation, including arbitrators, mediators, advocates, scholars, governments officials, international institutions, and students.

June 2009 ISBN 978 90 04 17555 6 Hardback (350 pp.) List price EUR 150.- / US$ 222. Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, 2

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The Rome II Regulation on the Law Applicable to Non-Contractual Obligations


A New International Litigation Regime
Edited by John Ahern, Trinity College Dublin and William Binchy, Trinity College Dublin
The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. April 2009 ISBN 978 90 04 17193 0 Hardback (520 pp.) List price EUR 175.- / US$ 259.The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.

Private International Law

The Reasons Requirement in International Investment Arbitration: Critical Case Studies


Edited by Guillermo Aguilar Alvarez and W. Michael Reisman, Yale Law School

The UNIDROIT Principles in Practice

Caselaw and Bibliography on the UNIDROIT Principles of International Commercial Contracts, 2nd ed Edited by M. Joachim Bonell, University of Rome

July 2008 ISBN 978 90 04 16632 5 Hardback (364 pp., 1 vols.) List price EUR 149.- / US$ 149.-

July 2008 ISBN 978 1 5710 5346 6 Paperback (717 pp.) List price EUR 95.- / US$ 105.International Law & Human Rights

Contemporary Issues in International Arbitration and Mediation


The Fordham Papers 2007 Arthur W. Rovine, Harvard Law School

The Unidroit Principles of International Commercial Contracts: A Governing Law?


David Oser, Columbia University

June 2008 ISBN 978 90 04 16738 4 Hardback (350 pp.) List price EUR 150.- / US$ 195. Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, 1

July 2008 ISBN 978 90 04 16789 6 Hardback (202 pp.) List price EUR 85.- / US$ 136.-

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Proceedings/ Actes et Documents of the XIXth Session of the Hague Conference on Private International Law
Tome I The Hague Conference on Private International Law

March 2008 ISBN 978 90 04 14854 3 Hardback (660 pp.) List price EUR 174.- / US$ 245.-

Islamic Law

New Series: Brills Arab and Islamic Laws Series


H.H. Prof. Eugene Cotran, Mark Hoyle and Martin Lau

NEW

Brills Arab and Islamic Laws Series (BAILS) is designed to present the results of scholarly and professional research into the many aspects of Arab and Islamic law. It includes monographs, collaborative volumes and reference works from all relevant disciplines. BAILS replaces and succeeds both the Arab and Islamic Law Series (AILS) and CIMEL Book Series (SOAS). For more information on this series please visit brill.nl/bail ISSN: 1871-2894

Risk Management in Islamic Finance


An Analysis of Derivatives Instruments in Commodity Markets
International Law & Human Rights

Muhammad al-Bashir Muhammad al-Amine, International Islamic University Malaysia


This study addresses derivatives instruments in Islamic finance. It highlights the benefits of these instruments, their legal aspects and the appropriate alternatives. The forward, futures and options contracts in commodity markets are discussed and the arguments in favour of and against these instruments examined. The forward contracts issue includes the possibility of trading gold in forward basis, the forward market for currencies and the possible alternative to manage related risks. With the examination of futures contracts, the main arguments against such a contract are addressed, for example the sale prior to taking possession and the sale of debt hedging and speculation. The study proposes khiyar al-shart and bay al-arbun as tools of risk management and alternatives to options. The sale of pure rights is at the center of the admissibility of options in Islamic law and is investigated comprehensively.

September 2008 ISBN 978 90 04 15246 5 Hardback (xxii, 338 pp.) List price EUR 139.- / US$ 195. Brills Arab and Islamic Laws Series, 1

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The Application of Islamic Criminal Law in Pakistan


Sharia in Practice
Tahir Wasti, University of London
No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.

January 2009 ISBN 978 90 04 17225 8 Hardback (xx, 408 pp.) List price EUR 143.- / US$ 228. Brills Arab and Islamic Laws Series, 2

Islamic Law

The Status of Women under Islamic Law and Modern Islamic Legislation
Third Edition of the Revised and Updated Work
Jamal J. Ahmad Nasir
This book is believed to be the first of its kind written by a renowned Muslim lawyer in the English language, and by an Arab author who is probably the leading authority writing in English in the subject of Islamic law (the Sharia), and modern Islamic legislation. There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. See within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fills an important gap left by recent and more general publications on Islamic law.

April 2009 ISBN 978 90 04 17273 9 Hardback (248 pp.) List price EUR 102.- / US$ 151. Brills Arab and Islamic Laws Series, 3

International Law & Human Rights

Yearbook of Islamic and Middle Eastern Law


For more information on this series please visit brill.nl/yime

Volume 13 (2006-2007)
Edited by Eugene Cotran and Martin Lau
Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publications practical features include: - articles on current topics, - country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.

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December 2008 ISBN 978 90 04 16862 6 Hardback (xvi, 490 pp.) List price EUR 265.- / US$ 392. Yearbook of Islamic and Middle Eastern Law, Yearbook of Islamic and Middle Eastern Law, 13

Business Laws of Israel


(updated through suppl. 2005/2), Supplement 2007/1
Edited by Louis Garb
ISBN 978 90 04 16736 0 Loose-leaf service (144 pp) List price EUR 161.- / US$ 251. Business Laws of Israel (updated through suppl. 2005/2), 7

Related Journals

For full information on these journals please refer to our journals section on page 52

Public International Law

International Law between Universalism and Fragmentation


Festschrift in Honour of Gerhard Hafner
Edited by Isabelle Buffard, James Crawford, Alain Pellet and Stephan Wittich
This Festschrift is published on the occasion of Gerhard Hafners 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafners outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

International Law & Human Rights

December 2008 ISBN 978 90 04 16727 8 Hardback (xlvi, 1086 pp.) List price EUR 195.- / US$ 312.-

Commentary on the 1969 Vienna Convention on the Law of Treaties


Mark E. Villiger
The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventions 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventions history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.

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January 2009 ISBN 978 90 04 16804 6 Hardback (xxxiv, 1058 pp.) List price EUR 215.- / US$ 318.-

Multiculturalism and International Law


Essays in Honour of Edward McWhinney
Edited by Sienho Yee, Wuhan University Institute of International Law and Jacques-Yvan Morin, University of Montreal
This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international lawan ever more topical issuein honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.

January 2009 ISBN 978 90 04 17471 9 Hardback (xxviii, 772 pp.) List price EUR 180.- / US$ 266.-

Public International Law

Boundaries of Discourse in the International Court of Justice


Mapping Arguments in Arab Territorial Disputes
Michelle L. Burgis, University of St Andrews
How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of universal statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.

April 2009 ISBN 978 90 04 17463 4 Hardback (280 pp.) List price EUR 100.- / US$ 148.-

International Law & Human Rights

Baltic Yearbook of International Law


Edited by: Managing Editor: Carin Laurin; Editorial Board: Egidijus Bieliunas; Tanel Kerikme; Kristne Krma; Egils Levits; Rein Mllerson; Lauri Mlksoo; Vilenas Vadapalas; Darius alimas; Ineta Ziemele; Pteris Zilgalvis.
For more information on this series please visit brill.nl/balt ISSN: 1569-6456

Volume 8 (2008)
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law. The Baltic Yearbook of International Law aims to contribute to the development of thought, standardsetting and relevant practices in the world. This volume contains a collection of essays which were initially presented at the conference Arbitration in the Baltics: Contemporary Issues, which took place at the Riga Graduate School of Law in Latvia. Arbitration is increasingly gaining ground in all three Baltic States, though there is still some way to go yet. In addition to insights into the private law developments relevant to arbitration in the Baltics this volume contains articles on the history of international law in the region and modern challenges presented to domestic law through international developments. The International Law Materials section contains reports on the practices of all three Baltic States.

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February 2009 ISBN 978 90 04 17099 5 Hardback (495 pp.) List price EUR 295.- / US$ 437. Baltic Yearbook of International Law, 8

Table of Contents

Special Theme: Arbitration in the Baltics: Contemporary Issues Editor: Galina Zukova General Articles History of International Law Materials on International Law: 2007 List of Contributors Information for Authors

Public International Law

International Labour Law Reports


Edited by Alan Gladstone
For more information on this series please visit brill.nl/illr

Volume 27
Edited by Alan Gladstone
This volume covers the period 1 October 2006 to 30 September 2007.

International Law & Human Rights

Table of Contents

November 2008 ISBN 978 90 04 17246 3 Hardback (xxiv, 500 pp.) List price EUR 265.- / US$ 424. International Labour Law Reports, 27

List of Reporters; List of Cases by Jurisdiction; List of Cases by Subject Matter; Part One: General Principles of Labour Law and Key Concepts; Part Two: Basic Rights Pertaining to Labour; Part Three: Manpower; Part Four: Individual Employment Relationship; Part Five: Collective Labour Relations; Part Six: Administration: Judicial and General.

Italian Yearbook of International Law


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Board of Editors: Benedetto Conforti, Luigi Ferrari Bravo, Francesco Francioni, Natalino Ronzitti, Giorgio Sacerdoti and Riccardo Pavoni
For more information on this series please visit brill.nl/iyil ISSN: 0391-5107

Volume 17 (2007)
Edited by: Benedetto Conforti, Luigi Ferrari Bravo, Francesco Francioni (General Editor), Natalino Ronzitti, Giorgio Sacerdoti and Riccardo Pavoni (Associate Editor)
The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVII (2007) is organised in three main sections. The first contains doctrinal contributions on the timely issue of the individual right of access to justice and focuses on the Inter-American human rights system, on remedies against acts of international organizations and UN Security Councils targeted sanctions, and on the participation of amici curiae in investor-State arbitrations. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

November 2008 ISBN 978 90 04 17325 5 Hardback (xvii, 472 pp) List price EUR 180.- / US$ 288. The Italian Yearbook of International Law, 17

Public International Law

Toward a New Framework for Peaceful Settlement of Chinas Territorial and Boundary Disputes
Junwu Pan, Kings College of London
As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in Chinas international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes. This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of Chinas major territorial and boundary disputes.

March 2009 ISBN 978 90 04 17428 3 Hardback (xiv, 242 pp.) List price EUR 99.- / US$ 158.-

International Law & Human Rights

The Relationship Between State and Individual Responsibility for International Crimes
Beatrice I. Bonaf
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility.

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February 2009 ISBN 978 90 04 17331 6 Hardback (xii, 284 pp.) List price EUR 100.- / US$ 160.-

Graduate Institute of International and Development Studies


For more information on this series please visit brill.nl/giis ISSN: 1572-5618

Women, Islam and International Law


Within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women
Ekaterina Yahyaoui Krivenko, (CRIUM), Universit de Montral
Having discovered a constructive potential in both Islam and womens human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim States participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womens human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.

November 2008 ISBN 978 90 04 17144 2 Hardback (xii, 272 pp.) List price EUR 100.- / US$ 160. Graduate Institute of International and Development Studies, 8

Public International Law

International Law on Peacekeeping


A Study of Article 40 of the UN Charter
Hitoshi Nasu, Australian National University
This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

International Law & Human Rights

February 2009 ISBN 978 90 04 17226 5 Hardback (xlviii, 324 pp.) List price EUR 130.- / US$ 208.-

Finnish Yearbook of International Law


Ius Gentium Association, Finland
For more information on this series please visit brill.nl/fyil ISSN: 07866453

Volume 17 (2006)
Editor-in-Chief: Jan Klabbers. Executive Editor: Katja Creutz

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December 2008 ISBN 978 90 04 17172 5 Hardback (x, 442 pp.) List price EUR 185.- / US$ 274. Finnish Yearbook of International Law, 17

Despite its Finnish pedigree, the Finnish Yearbook of International Law does not restrict itself to purely Finnish topics. On the contrary, it reflects the many connections in law between the national and the international. The Finnish Yearbook of International Law annually publishes articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. It offers: longer articles of a theoretical nature; new avenues and approaches; shorter polemics; commentaries on current international law developments; book reviews; and documentation of relevance to Finlands foreign relations not easily available elsewhere. The Finnish Yearbook offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.

Public International Law

Legal Aspects of International Organization


For more information on this series please visit brill.nl/laio ISSN: 0924-4883

The United Nations Charter as the Constitution of the International Community


Bardo Fassbender, Yale Law School
The constitutionalization of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from classical international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

International Law & Human Rights

April 2009 ISBN 978 90 04 17510 5 Hardback (200pp.) List price EUR 90.- / US$ 133. Legal Aspects of International Organization, 51

Facets and Practices of State-Building


Julia Raue and Patrick Sutter, University of St. Gallen
Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.

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March 2009 ISBN 978 90 04 17403 0 Hardback (348 pp.) List price EUR 110.- / US$ 163. Legal Aspects of International Organization, 49

Post-conflict Administrations in International Law


International Territorial Administration, Transitional Authority and Foreign Occupation in Theory and Practice
Eric De Brabandere, Assistant Professor of International Law at Leiden University, the Netherlands
This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate.

April 2009 ISBN 978 90 04 17023 0 Hardback (358 pp.) List price EUR 100.- / US$ 148.-

Public International Law

Max Planck Yearbook of United Nations Law


Edited by Armin von Bogdandy and Rdiger Wolfrum. Managing Editor: Christiane E. Philipp
For more information on this series please visit brill.nl/mpun ISSN: 1389-4633

Volume 12 (2008)
Edited by Armin von Bogdandy and Rdiger Wolfrum Managing Editor: Christiane E. Philipp
For more than 10 years now, the Max Planck Yearbook of United Nations Law has become a much sought after forum for essays in international law related to the UN. Volume 12 (2008) again contains articles dealing with a variety of topics such as Security Council Powers and the Exigencies of Justice after War and Revitalising the United Nations Human Rights Special Procedures Mechanisms as a Means of Achieving and Maintaining International Peace and Security; as well as an article on the topic of the Principle of Non-Refoulement at Sea and the Effectiveness of Asylum Protection. The volume also contains in depth articles dealing with Rule of Law. This is only a selection, showing the wide range of topics. This volume is therefore again a must for any academic or practitioner involved in international law and questions concerning the United Nations.

International Law & Human Rights

November 2008 ISBN 978 90 04 16959 3 Hardback (xx, 560 pp.) List price EUR 150.- / US$ 240. Max Planck Yearbook of United Nations Law, 12

African Yearbook of International Law / Annuaire Africain de droit international


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General Editor: Abdulqawi A. Yusuf Associate Editors: Mpazi Sinjela and Fatsah Ouguergouz Editorial Assistant: Roland Adjovi Edited by Abdulqawi A. Yusuf
For more information on this series please visit brill.nl/afri ISSN: 1380-7412

Volume 15 (2007)
Founded in 1993, the African Yearbook, now published under the auspices of the African Foundation for International Law, is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole. Through the scholarly analysis of international legal issues of particular relevance to the African continent, it also contributes to the acceptance of, and respect for the rule of law in intra-African relations, and for the principles of international law in general. Its uniqueness however goes beyond this, for through its special themes and general articles, it has succeeded over the years to serve as an intellectual forum where the development of international law is viewed as being integral to Africas own development. December 2008 ISBN 978 90 04 17432 0 Hardback (viii, 340 pp.) List price EUR 195.- / US$ 289. African Yearbook of International Law / Annuaire Africain de droit international, 15

Public International Law

Power, Politics, Law: International Law and State Behaviour During International Crises
Radhika Withana, Baker & McKenzie, Sydney, Australia

Spanish Yearbook of International Law


Volume 12 (2006) Edited by Asociacin Espaola de Profesores de Derecho Internacional y Relaciones Internacionales

September 2008 ISBN 978 90 04 16411 6 Hardback (viii, 288 pp.) List price EUR 105.- / US$ 156.-

July 2008 ISBN 978 90 04 16876 3 Hardback (xviii, 498 pp.) List price EUR 195.- / US$ 312. Spanish Yearbook of International Law, 12
International Law & Human Rights

The International Law Foundations of Palestinian Nationality

A Legal Examination of Nationality in Palestine under Britains Rule Mutaz M. Qafisheh, Faculty of Law, Al-Quds University, Palestine

International and Foreign Legal Research: A Coursebook


Marci Hoffman and Mary Rumsey

September 2008 ISBN 978 90 04 16984 5 Hardback (xiv, 254 pp.) List price EUR 95.- / US$ 152. Graduate Institute of International and Development Studies, 7

December 2008 ISBN 978 1 5710 5312 1 Hardback (350 pp.) List price EUR 125.- / US$ 125.-

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Progress in International Law


Russel Miller, Washington & Lee University School of Law; Rebecca Bratspies CUNY School of Law

From ILO Standards to EU Law


Eve C. Landau and Yves Beigbeder

The Case of Equality between Men and Women at Work

March 2008 ISBN 978 90 04 16571 7 Hardback (xxxii, 912 pp.) List price EUR 237.- / US$ 333. Developments in International Law, 60

September 2008 ISBN 978 90 04 15718 7 Hardback (xx, 340 pp.) List price EUR 110.- / US$ 172.-

Related Journals

For full information on these journals please refer to our journals section on page 52

International Organizations

Jurisdiction of Specific International Tribunals


Chittharanjan F. Amerasinghe, University of Cambridge
This volume examines the jurisdiction, both contentious and advisory, of the ICJ as a specific permanent international court or tribunal but also brings together in one book the examination of the jurisdiction of certain other tribunals, not excluding most of the other four tribunals or groups of tribunals examined in Jurisdiction of International Tribunals by the same author. Material relating to them is expanded, re-examined and brought up to date. Hence, This volume covers the jurisdiction of: (i) the World Court, i.e., the ICJ and PCIJ both contentious and advisory jurisdiction, (ii) the leading International Administrative Tribunals, (iii) the ECHR, (iv) ICSID tribunals, (v) the WTO Panels and Appellate Body, and (vi) the ITLOS. The six systems for the judicial settlement of disputes chosen to be examined in this work are by far the most important in the modern era and deserve close attention.

International Law & Human Rights

December 2008 ISBN 978 90 04 16238 9 Hardback (xlvi, 574 pp.) List price EUR 150.- / US$ 240.-

Legal Aspects of International Organization


For more information on this series please visit brill.nl/laio ISSN: 0924-4883

The Emerging Practice of the International Criminal Court


Edited by Carsten Stahn, The Grotius Centre of International Legal Studies and Gran Sluiter, University of Amsterdam
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courts applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

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December 2008 ISBN 978 90 04 16655 4 Hardback (xviii, 772 pp.) List price EUR 195.- / US$ 312. Legal Aspects of International Organization, 48

Admission to the United Nations


Charter Article 4 and the Rise of Universal Organization
Thomas D. Grant, University of Cambridge
The United Nations began as an alliance during World War II. Eventually, however, the UN came to approximate a universal organization - i.e., open to and aspiring to include all States. This presents a legal question, for Article 4 of the Charter contains substantive criteria to limit admission of States to the UN and no formal amendment has touched that part of the Charter. This book gives an up-to-date account of admission to the UN, from the 1950s logjam through on-going controversies like Kosovo and Taiwan. With reference to Charter law, the book considers how Article 4 came to accommodate universality and what the future of a universal organization in a world of politically diverse States might be.

April 2009 ISBN 978 90 04 17363 7 Hardback (355 pp.) List price EUR 115.- / US$ 184. Legal Aspects of International Organization, 50

International Organizations

Problems of International Administrative Law


On the Occasion of the Twentieth Anniversary of the World Bank Administrative Tribunal

Common Law of International Organizations Finn Seyersted

Edited by Nassib G. Ziad

June 2008 ISBN 978 90 04 15712 5 Hardback (xxii, 258 pp.) List price EUR 100.- / US$ 160.-

June 2008 ISBN 978 90 04 16699 8 Hardback (xxvi, 606 pp.) List price EUR 180.- / US$ 268.-

International Law & Human Rights

European Yearbook / Annuaire Europen


Volume 54 (2006) Edited by Council of Europe/Conseil de lEurope

NGO Involvement in International Governance and Policy


Sources of Legitimacy

Edited by Anton Vedder July 2008 ISBN 978 90 04 17070 4 Cloth (ix, 792 pp. with English and French texts) List price EUR 300.- / US$ 480. European Yearbook / Annuaire Europen, 54

November 2007 ISBN 978 90 04 15846 7 Paperback (xii, 236 pp.) List price EUR 84.- / US$ 119. Nijhoff Law Specials, 72

Related Journal

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For full information on this journal please refer to our journals section on page 52

Law of the Sea

Annuaire Tribunal international du droit de la mer


International Tribunal for the Law of the Sea / Tribunal international du droit de la mer
For more information on this series please visit brill.nl/tidm ISSN: 1569-5743

Volume 11 (2007)
International Tribunal for the Law of the Sea / Tribunal international du droit de la mer
Le Tribunal international du droit de la mer est un organe judiciaire indpendant, cr par la Convention des Nations Unies sur le droit de la mer, pour connatre des diffrends auxquels pourraient donner lieu linterprtation et lapplication de la Convention. Le Tribunal est ouvert aux Etats Parties la Convention. Il est galement ouvert des entits autres que les Etats Parties (Etats et organizations internationales non parties la Convention et personnes physiques et morales) dans les cas prvus par la Convention ou par dautres accords confrant comptence au Tribunal. LAnnuaire met la disposition des juristes, des universitaires, des tudiants, ainsi que du public dans son ensemble, laccs des informations concernant la comptence, la procdure et lorganisation du Tribunal, ainsi que la composition et les activits de celui-ci au cours de lanne 2007. LAnnuaire est rdig par le Greffe du Tribunal. Il est galement disponible en anglais (Yearbook 2007).

International Law & Human Rights

November 2008 ISBN 978 90 04 16634 9 Paperback (xx, 336 pp.) List price EUR 150.- / US$ 240. Annuaire Tribunal international du droit de la mer, 11

Ocean Yearbook
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For more information on this series please visit brill.nl/ocyb

ISSN: 0191-8575

Ocean Yearbook 23
Edited by Aldo Chircop, Scott Coffen-Smout, Moira McConnell
Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook provides information in one convenient resource. As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key legal and policy instruments and an annually updated global directory of ocean-related organizations. The Yearbook is a collaborative initiative of the International Ocean Institute (www.ioinst.org) in Malta and the Marine & Environmental Law Institute (www.dal.ca/law/MELAW) at Dalhousie Law School.

March 2009 ISBN 978 90 04 17474 0 Hardback (xxi, 961 pp.) List price EUR 170.- / US$ 170. Ocean Yearbook, 23

Law of the Sea

Pleadings, Minutes of Public Sittings and Documents/ Mmoires, procs-verbaux des audiences publiques et documents
International Tribunal for the Law of the Sea
For more information on this series please visit brill.nl/plea

Volume 10 (2002)
International Tribunal for the Law of the Sea
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The Volga Case (Russian Federation v. Australia), Prompt Release. The documents are reproduced in their original language. Le prsent volume contient le texte des pices de procdures crite, des procs-verbaux des audiences publiques et dautres documents relatifs la procdure dans lAffaire du Volga (Fdration de Russie c. Australie), prompte mainleve. Les documents sont reproduits dans la langue originale utilise.
International Law & Human Rights

March 2009 ISBN 978 90 04 17447 4 Hardback (685 pp.) List price EUR 250.- / US$ 370. Pleadings, Minutes of Public Sittings and Documents / Mmoires, procs-verbaux des audiences publiques et documents, 10

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Publications on Ocean Development


General Editors: Vaughan Lowe and Robin Churchill
For more information on this series please visit brill.nl/pood ISSN: 0924-1922

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
Edited by Jon M. Van Dyke, University of Hawaii at Manoa and Seoung-Yong Hong, Inha University, Incheon, Korea
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed.

February 2009 ISBN 978 90 04 17343 9 Hardback (306 pp.) List price EUR 115.- / US$ 184. Publications on Ocean Development, 65

Law of the Sea

Yearbook International Tribunal for the Law of the Sea


International Tribunal for the Law of the Sea / Tribunal international du droit de la mer
For more information on this series please visit brill.nl/itlo ISSN: 1389-6288

Volume 11 (2007)
International Tribunal for the Law of the Sea / Tribunal international du droit de la mer
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention. It is also open to entities other than States Parties (States and international organizations non-parties to the Convention and natural or juridical persons) in cases provided for in the Convention or other agreements conferring jurisdiction on the Tribunal. November 2008 ISBN 978 90 04 17066 7 Paperback (xviii, 316 pp.) List price EUR 150.- / US$ 240. Yearbook International Tribunal for the Law of the Sea, 11

International Law & Human Rights

Center for Oceans Law and Policy


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For more information on this series please visit brill.nl/colp

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
Center for Oceans Law and Policy, Charlottesville, U.S.A.
The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary.

December 2008 ISBN 978 90 04 17359 0 Hardback (xxii, 626 pp.) List price EUR 155.- / US$ 248. Center for Oceans Law and Policy, 13

Law of the Sea

The Future of Ocean Regime-Building


Essays in Tribute to Douglas M. Johnston
Edited by Aldo Chircop, Ted McDorman, Susan Rolston
One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime, wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston.

February 2009 ISBN 978 90 04 17267 8 Hardback (xiv + 786 pp.) List price EUR 175.- / US$ 280.-

International Law & Human Rights

The EU Maritime Safety Policy and International Law


European Maritime Safety Agency, Lisbon, Portugal September 2008 ISBN 978 90 04 16896 1 Hardback (xviii, 602 pp.) List price EUR 175.- / US$ 261. Publications on Ocean Development, 64

Legal Challenges in Maritime Security


Edited by Myron H. Nordquist, Rdiger Wolfrum, John Norton Moore and Ronn Long June 2008 ISBN 978 90 04 16427 7 Hardback + CD-rom (xviii, 594 pp.) List price EUR 145.- / US$ 216. Center for Oceans Law and Policy, 12

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The International Law on Ballast Water


Preventing Biopollution Maria Helena Fonseca de Souza Rolim, with contributions by Erkki Leppkoski and Gaetano Librando

June 2008 ISBN 978 90 04 16652 3 Hardback (xxii, 402 pp.) List price EUR 120.- / US$ 179. Publications on Ocean Development, 63

Related Journal

For full information on this journal please refer to our journals section on page xx

Legal History

Law in Eastern Europe


William B. Simons, General Editor, University of Trento, University of Leiden
For more information on this series please visit brill.nl/laee ISSN: 0075-823X

Law in Medieval Russia


Ferdinand Feldbrugge, Professor Emeritus of East European Law at Leiden University
Much of what we know about the colourful Russian middle ages comes from legal sources: the treaties of Russian-Scandinavian warlords with the Byzantine emperors, the gradual penetration of Christianity and Byzantine institutions, the endless game of war and peace among the numerous regional princes, the activities of Hanseatic merchants in the wealthy cityrepublic of Novgorod, the curious relationships between the Mongol conquerors and Russian rulers and church dignitaries, etc. And, at the even further fringes of medieval Europe, there were the Christian kingdoms of Armenia and Georgia, squeezed between the Islamic empires of Iran and Turkey, but each possessing their elaborate and original legal systems. A discussion of more general questions of legal history and legal anthropology precedes the treatment of these various topics. An analysis and discussion of the most important factors in the formation of the law in medieval Russia, dealing with such topics as the possible influence of Roman law, the Russkaia Pravda, the roles of princes and popular assemblies, and the theoretical framework for studying early law.

International Law & Human Rights

November 2008 ISBN 978 90 04 16985 2 Hardback (xxviii, 336 pp.) List price EUR 150.- / US$ 240. Law in Eastern Europe, 59

Savage Republic
De Indis of Hugo Grotius, Republicanism and Dutch Hegemony within the Early Modern World-System (c. 1600-1619)
Eric Wilson
Intended for the professional academic and graduate student, this book is the first to utilize the methodology of New Stream legal scholarship in an extended critical exegesis of Hugo Grotius De Indis (c.1604-6). De Indis is predicated upon a two-fold discursive strategy: (i) investing private Trading Companies with public international legal personality, and (ii) collapsing the distinction between private and public warfare. Governing the operation of textual interpretation is De Indis status as a republican treatise juridically legitimating an early modern Trans-National corporation (the VOC) that served as an agent of a primitive system of global governance, the early Capitalist World-Economy. The application of New Stream scholarship reveals that the republican signature of De Indis consists of a discursive micro-oscillation between the thick ontology of Late Scholasticism (Utopia) and the thin ontology of Civic Humanism (Apology) wholly appropriate to the governance requirements of the embryonic Modern World-System.

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June 2008 ISBN 978 90 04 16788 9 Hardback (XIV, 534 pp.) List price EUR 145.- / US$ 216.-

Contracts for a third-party beneficiary. A historical and comparative account


Edited by Jan Hallebeek & Harry Dondorp, VU University Amsterdam August 2008 ISBN 978 90 04 16974 6 Hardback (viii, 172 pp.) List price EUR 75.- / US$ 111. Legal History Library, 1

Environmental Law

Legal Aspects of Sustainable Development


Edited by David Freestone
For more information on this series please visit brill.nl/lasd ISSN: 1875-0923

Protecting the Oceans Beyond National Jurisdiction


Strengthening the International Law Framework
Robin Warner, Australian National Centre for Ocean Resources and Security, University of Wollongong
The book compares the lack of comprehensive environmental regulation for marine resource exploitation and shipping activities beyond national jurisdiction with the best practice standards for environmental protection being developed by the International Seabed Authority for deep seabed mining exploration. Recent initiatives by the international community to study issues relating to conservation of high seas biodiversity are discussed and a range of soft and hard law options to strengthen the international law framework for protection of the marine environment beyond national jurisdiction are considered.
International Law & Human Rights

February 2009 ISBN 978 90 04 17262 3 Hardback (xxiv, 280 pp.) List price EUR 100.- / US$ 160. Legal Aspects of Sustainable Development, 3

Sustainable Development as a Principle of International Law


Resolving Conflicts between Climate Measures and WTO Law
Christina Voigt, University of Oslo, Norway
This volume takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular the relations between various international legal regimes, especially between international trade law and climate law; the legal status of sustainable development as a principle of international law; and the analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.
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December 2008 ISBN 978 90 04 16697 4 Hardback (xxiv, 428 pp.) List price EUR 130.- / US$ 208. Legal Aspects of Sustainable Development, 2

Related Journal

For full information on this journal please refer to our journals section on page 52

International Trade Law

Latin American and Caribbean Trade Agreements


Keys to a Prosperous Community of the Americas
Thomas Andrew OKeefe
Latin American and Caribbean Trade Agreements: Keys to a Prosperous Community of the Americas is intended to complement Latin American Trade Agreements that was first published by this author in 1997 and has been periodically updated since then. Whereas the earlier book provides more detailed information for exporters to and investors in Latin America and contains hard to find or non-existent English translations of the major treaties and trade regulations, companies trading with Latin America and the Caribbean or wishing to use a country in the region as an export platform for neighboring countries or globally will also find the current work an extremely useful reference guide.

International Law & Human Rights

May 2009 ISBN 978 90 04 16488 8 Paperback (511 pp.) List price EUR 150.- / US$ 150.-

Competition and Regulation in Shipping and Shipping Related Industries


Edited by Antonis Antapassis, Lia Athanassiou and Erik Rosaeg
Maritime competition as an economic phenomenon is currently influenced by a number of factors both at EU and international level. From a legislative point of view, the recent repeal of EC Reg. 4056/1986 affects the treatment of horizontal agreements not only in the liner but also in the bulk sector, which was excluded until recently from the scope of EC secondary competition rules. However, competition distortions are not only a question of private arrangements. They emanate also from measures and practices incompatible with the freedom to provide services, Member states protectionism and international mandatory regulation. This volume comparatively and comprehensively examines all these issues, by bringing together contributions from distinguished academics. Particular focus is given on private shipping cartels, the liberalization of cabotage and port services, indirect competition-distorting factors and the latest developments on international regulation of carriage of goods by sea.

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May 2009 ISBN 978 90 04 17395 8 Hardback (398 pp.) List price EUR 119.- / US$ 176.-

The Law of Investment in Iraq


Sami Shubber
A new era began in Iraq in 2003, with an open market economy. A new Law of Investment was adopted in 2006, which aims at the promotion and encouragement of investment, by liberalising it and opening it to foreign investors. It offers generous incentives and guarantees to investors, and a very wide scope for investment in Iraq, where there are tremendous opportunities in many sectors of the economy. The book is intended to provide guidance and help to would-be investors, their legal advisers, lawyers and practitioners interested in the field of investment in Iraq. This work also provides useful guidance on the licensing system and the settlement of disputes.

April 2009 ISBN 978 90 04 17286 9 Hardback (xx, 248 pp.) List price EUR 115.- / US$ 184.-

International Relations

International Relations Studies Series


Edited by Patrick James, University of Southern California
For more information please visit brill.nl/ires ISSN: 1570-6451

In the long shadow of Europe: Greeks and Turks in the era of Postnationalism
Edited by Othon Anastasakis, Kalypso Aude Nicolaidis, Kerem Oktem, St Antonys College, University of Oxford
The Greek Turkish relationship has included conquest and revolution, conflict and co-operation, and, today, a cautious friendship. This is good news for the eastern end of the Mediterranean, the Balkans, and indeed Europe as a whole for when those two crucial re-gional powers fall out, the reverberations are felt in the wider world. The contributors to this volume discuss in great detail the new uncertainty that permeates the triangular relationship Turkey, Greece and the EU underlining the significance of Europe which has continued to cast its shadow over developments in the north-eastern tip of Mediterranean sea. Margaret MacMillan, Warden of St Antonys College, Oxford
International Law & Human Rights

January 2009 ISBN 978 90 04 17112 1 Hardback (xii, 388 pp.) List price EUR 99.- / US$ 158. International Relations Studies Series, 3

Peace, Security and Development in an Era of Globalization


The Integrated Security Approach Viewed from a Multidisciplinary Perspective
Edited by Gelijn Molier and Eva Nieuwenhuys, Leiden University
This book explores the integrated security approach in general, and more in particular in relation to states after regime-change and post-conflict states. The integrated security approach is analyzed from various perspectives and starting from various scientific disciplines. On the one hand this raises highly specific questions like: what is CIMIC (civil-military cooperation) and how does it function in practice? On the other hand the book has broader ambitions and tries to see the current debate on regime change in dictatorial or fundamental regimes and the process of reconstruction afterwards against the background of a wider discussion on globalization and the war against terrorism.
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February 2009 ISBN 978 90 04 17386 6 Hardback (xxv, 401 pp.) List price EUR 99.- / US$ 158. International Relations Studies Series, 4

International Relations

History of International Relations, Diplomacy, and Intelligence


Series Editor: Katherine A.S. Sibley, Saint Josephs University Editorial Board Carol Anderson, Emory University, University of Missouri; Klaus W. Larres, University of Ulster; Erin Mahan, Office of the Historian, U.S. State Department; Rorin Platt, Campbell University; Geoffrey Roberts, University College Cork; Jeremi Suri, University of Wisconsin; Thomas Zeiler, University of Colorado at Boulder
For more information please visit brill.nl/irdi ISSN: 1874-0294

US Intelligence, the Holocaust and the Nuremberg Trials


International Law & Human Rights

Seeking Accountability for Genocide and Cultural Plunder


Michael Salter, University of Central Lancashire
Drawing on recently declassified intelligence records, this book discusses the positive contributions intelligence officials made to monitoring, evidence-gathering and trial preparation activities related to the Holocaust.

Table of Contents
January 2009 ISBN 978 90 04 17277 7 Hardback (vol1: xii, 308 pp. vol2: x 309-770 pp., 2 vols.) List price EUR 180.- / US$ 288. History of International Relations, Diplomacy, and Intelligence, 7

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Chapter One: Introducing the present books rationale, aims and methodology Chapter Two: The OSS monitoring of the Holocaust and practical humanitarian interventions Chapter Three: Postwar investigations and preparations for war crimes trials Chapter Four: The Safehaven Programme and OSS investigation of looted Jewish assets Chapter Five: OSS investigation of looted Jewish art Chapter Six: Preparing evidence of the Holocaust: OSS support for the Nuremberg process Appendix One: The Nuremberg Laws On Cultural Plunder Appendix Two: Jack Taylors Trial Evidence at the Mauthausen Trial Appendix Three: Safehaven and posthumous vindication? Holocaust restitution through media publicity

Contested Space: Anglo-American Relations in the Persian Gulf, 1939-1947


Simon Davis, City University of New York

Titan at the Foreign Office

Gladwyn Jebb and the Shaping of the Modern World Sean Greenwood, Canterbury Christ Church University, with an introduction by Hugh Thomas

January 2009 ISBN 978 90 04 17130 5 Hardback (viii, 353 pp.) List price EUR 99.- / US$ 158. History of International Relations, Diplomacy, and Intelligence, 6

August 2008 ISBN 978 90 04 16970 8 Hardback (xxx, 442 pp.) List price EUR 129.- / US$ 199. History of International Relations, Diplomacy, and Intelligence, 5

International Relations

Peace Lost
The Failure of Conflict Prevention in Kosovo
Marc Weller, University of Cambridge
This book traces the failure of international action in Kosovo from the late 1980s until NATO intervention in 1999, and endeavours to explain why, during that time, so many opportunities for making peace were squandered. Applying methodology developed by the EU Conflict Prevention Network, it divides the conflict into four main phases and examines how, at each, chances for settlement were either lost or overlooked.

December 2008 ISBN 978 90 04 17140 4 Hardback (230 pp.) List price EUR 45.- / US$ 72.-

International Law & Human Rights

The European Union at the United Nations

The Functioning and Coherence of EU External Representation in a State-centric environment Maximilian B. Rasch, United Nations University

From Soviet Republics to EU Member States


Peter Van Elsuwege, Ghent University

A Legal and Political Assessment of the Baltic States Accession to the EU

June 2008 ISBN 978 90 04 16714 8 Hardback (xxii, 362 pp.) List price EUR 99.- / US$ 138. Studies in EU External Relations, 1

July 2008 ISBN 978 90 04 16945 6 Hardback (Vol.1: xxiv,304 pp.; Vol.2: 2xii, 588 pp., 2 vols.) List price EUR 180.- / US$ 268. Studies in EU External Relations, 2

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Related Journals

For full information on these journals please refer to our journals section on page xx

Journals

Arab Law Quarterly


International Law & Human Rights

Consulting Editor: W.M. Ballantyne Editor in Chief: M.S.W. Hoyle


2009: Volume 23 (in 4 issues) ISSN 0268-0556 / E-ISSN 1573-0255 Institutional subscription rates Print + e: EUR 649.- / US$ 954.E-only: EUR 584.- / US$ 859. Individual subscription rates Print only: EUR 317.- / US$ 466.Economic and commercial developments in Arab countries continue to attract attention. Courts in the non-Islamic world increasingly need to decide issues involving Arab laws and Islamic law generally. This interest in Arab countries, not only internally but externally as well, enhances the need for a topical journal on Arab law. The leading English-language legal publication in its field, Arab Law Quarterly covers all aspects of Arab laws, both Sharia and secular. It provides authoritative articles on the laws and legal developments throughout the twenty countries of the Arab world, notes on recent legislation and case law, guidelines on future changes, and reviews of the latest literature in the field. Particular subject areas covered include: - Arab laws in transnational affairs - commercial law - Islamic Law (the Sharia) - international comparative law Specific articles have addressed the judiciary in Saudi Arabia, punishment in Islamic Law, the origins of the sanctity of contracts in Islamic Law, mercy killing in Islam (moral and legal issues), the legal capacity of women in Islamic law, the Federal Penal Code and the aim of unification in the context of the UAE, Kuwaits approach to Law No. 25 of 1996 on government contracts, Lebanon as a case study for 90s tax reform issues, negotiating contracts in Islamic and Middle Eastern Law, and recent developments in the Sultanate of Oman. For more information see brill.nl/alq

Asia-Pacific Journal on Human Rights and the Law


Editor-in-Chief: Dr. Fernand de Varennes, Former Director of the Asia-Pacific Centre
2009: Volume 10 (in 2 issues) ISSN 1388-1906 / E-ISSN 1571-8158 Institutional subscription rates Print + e: EUR 231.- / US$ 340.E-only: EUR 208.- / US$ 306. Individual subscription rates Print only: EUR 78.- / US$ 115.The Asia-Pacific Journal on Human Rights and the Law is the worlds only law journal offering scholars a forum in which to present comparative, international and national research dealing specifically with issues of law and human rights in the AsiaPacific region. Neither a lobby group nor tied to any particular ideology, the Asia-Pacific Journal on Human Rights and the Law is a scientific journal dedicated to responding to the need for a periodical publication dealing with the legal challenges of human rights issues in one of the worlds most diverse and dynamic regions. The journal will be a prime source of information and reference not only to legal scholars and students but also to all those who are in any way involved in human rights issues across the whole of the Asia-Pacific region. Politicians, civil servants, social activists, academics, lawyers, historians, sociologists, political scientists, students, diplomats, social researchers, journalists and others will find the Asia-Pacific Journal on Human Rights and the Law an invaluable source of relevant and timely information. For more information see brill.nl/aphu

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Journals

European Journal of Crime, Criminal Law and Criminal Justice


Editors: Prof. Dr. H.-J.Albrecht, Prof. Dr. C. Fijnaut, Prof. Dr. G. Kaiser Associate Editors: Prof. Dr. Maguire, Prof. Dr. F. Verbruggen
2009: Volume 17 (in 4 issues) ISSN 0928-9569 / E-ISSN 1571-8174 Institutional subscription rates Print + e: EUR 368.- / US$ 541.E-only: EUR 331.- / US$ 487. Individual subscription rates Print only: EUR 118.- / US$ 173.Crime, criminal law and criminal justice are more than ever on the political agenda of the European institutions, above all the European Union and the Council of Europe. This is not only because of the increasingly vehement debate on transnational crime problems in the individual Member States, but also as a consequence of the widening of the European Union and the drafting of an European Constitution, and last but not least because of the threat of terrorism. This journal is meant to be a European forum for the public academic debate on these issues that not only bridges the gap between the European institutions and the Member States, but that is also open for a non-European view on European developments in those fields. Its aim, in other words, is to offer an international and comparative perspective on crime, criminal law and criminal justice in Europe; In the past five years the journal has published contributions on, among many other issues, Global Crime Calls for Global Justice; A European Public Prosecution Service: Comments on the Green Paper; Western Prisons and Chinese Prisons: Focusing on Differences; and Trial within a Trial in Scotland and Israel; Fortress Europe? - Controlling Illegal Immigration. Papers for consideration should be addressed to Professor Dr. H.J.Albrecht (H.J.Albrecht@mpicc.de). For more information see brill.nl/eccl

European Journal of Migration and Law


Managing Editors: Elspeth Guild, Paul Minderhoud and Ryszard Cholewinski
2009: Volume 11 (in 4 issues) ISSN 1388-364X / E-ISSN 1571-8166 Institutional subscription rates Print + e: EUR 338.- / US$ 497.E-only: EUR 304.- / US$ 447. Individual subscription rates Print only: EUR 110.- / US$ 162.The European Journal of Migration and Law is a quarterly journal on migration law and policy with specific emphasis on the European Union, the Council of Europe and migration activities within the Organisation for Security and Cooperation in Europe. This journal differs from other migration journals by focusing on both the law and policy within the field of migration, as opposed to examining immigration and migration policies from a wholly sociological perspective. The Journal is the initiative of the Centre for Migration Law of the University of Nijmegen, in co-operation with the Brussels-based Migration Policy Group. The European Journal of Migration and Law provides an invaluable source of information and a platform for discussion for government and public officials, academics, lawyers and NGOs interested in migration issues in the European context. Devoted exclusively to migration law and policy, the original research and analysis the Journal presents will emphasize the development of migration policies across Europe. Each issue will have a cross-disciplinary approach to migration and social issues such as access of migrants to social security and assistance benefits, including socio-legal and meta-juridical perspectives. Papers for consideration should be addressed to Elspeth Guild (e.guild@jur.ru.nl), or Paul Minderhoud (p.minderhoud@jur.ru.nl). For more information see brill.nl/emil
International Law & Human Rights

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Journals

Global Responsibility to Protect


International Law & Human Rights

The Hague Journal of Diplomacy


Edited by Jan Melissen, Netherlands Institute of International Relations Clingendael and Paul Sharp University of Minnesota, Duluth
2009: Volume 4 (in 3 issues) ISSN 1871-1901 / E-ISSN 1871-191X Institutional subscription rates Print + e: EUR 202.- / US$ 297.E-only: EUR 182.- / US$ 267. Individual subscription rates Print only: EUR 68.- / US$ 100.The Hague Journal of Diplomacy is the premier research journal for the study of diplomacy and its role in contemporary international relations. It publishes the best research on the theory, practice and technique of diplomacy in both its traditional state-based bilateral and multilateral forms, plus more recent forms of diplomacy such as track-two diplomacy, field diplomacy and public diplomacy practised by states and non-state entities. Each issue contains research articles and at least one piece focused on the practical aspects of diplomatic experience. The Hague Journal of Diplomacy promotes the analysis and understanding of diplomacy by acquainting a broad readership with the best works being undertaken in diplomatic studies in a variety of intellectual traditions. Diplomatic studies is an interdisciplinary and inclusive field. The Hague Journal of Diplomacy is therefore open to the wide array of methodologies by which diplomacy may be studied. The Hague Journal of Diplomacys readership is first of all universities and think tanks, in particular researchers, teachers and graduate students of International Relations, together with educators and trainees on programmes in Diplomatic Studies. Secondly, The Hague Journal of Diplomacy is a journal for everyone with an interest or stake in first-rate and accessible articles on all aspects of diplomacy, not least the worlds foreign ministries and diplomatic academies. For more information visit also the book series Diplomatic Studies brill.nl/dist For more information see brill.nl/hjd

Edited by Alex J. Bellamy, University of Queensland and Sara E. Davies, Griffith University
2009: Volume 1 (in 4 issues) ISSN 1875-9858 / E-ISSN 1875-984X Institutional subscription rates Print + e: EUR 200.- / US$ 294.E-only: EUR 180.- / US$ 265. Individual subscription rates Print only: EUR 70.- / US$ 103.Global Responsibility to Protect is the premier journal for the study and practice of the responsibility to protect (R2P). This journal seeks to publish the best and latest research on the R2P principle, its development as a new norm in global politics, its operationalization through the work of governments, international and regional organizations and NGOs, and finally, its relationship and applicability to past and present cases of genocide and mass atrocities including the global response to those cases. Global Responsibility to Protect also serves as a repository for lessons learned and analysis of best practices; it will disseminate information about the current status of R2P and efforts to realize its promise. Each issue contains research articles and at least one piece on the practicalities of R2P, be that the current state of R2P diplomacy or its application in the field. Global Responsibility to Protect promotes a universal understanding of R2P and efforts to realize it, through encouraging critical debate and diversity of opinion, and to acquaint a broad readership of scholars, practitioners, students and analysts with the principle and its operationalization. It encourages contributions from a variety of disciplines and professions who have something to say about R2P. Global Responsibility to Protect seeks insights and approaches from every region of the world that might contribute to understanding, operationalizing and applying R2P in practice. Authors are cordially invited to submit articles to the associate editor, Luke Glanville, gr2p@r2pasiapacific.org. For more information see brill.nl/gr2p

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Journals

Human Rights Case Digest


The European Convention System
Edited by Professor James J. Busuttil
2009: Volume 18 (in 6 double issues) ISSN 0965-934X / E-ISSN 1571-8131 Institutional subscription rates Print + e: EUR 350.- / US$ 515.E-only: EUR 315.- / US$ 464. Individual subscription rates Print only: EUR 172.- / US$ 253.The Human Rights Case Digest: The European Convention System offers an up-to-date and reliable overview of all the significant activities and judgments emanating from the human rights machinery housed by the Council of Europe in Strasbourg, including the European Court of Human Rights. In this journal, all significant cases before the European Court of Human Rights are summarized, with a statement of the relevant violation, the principal facts of the case, details of the proceedings, a summary of the judgment, and the composition of the Chamber. Each entry includes: a statement of the relevant human rights violation; the principal facts of the case; the details of the proceedings; and, a summary of the judgment and the composition of the Chamber. Each issue of the digest contains an Editors introduction, reviewing and commenting on the contents, and is fully indexed. Key word and article headnotes are supplied for ease of access. For more information see brill.nl/hudi

International Community Law Review


Editor-in-Chief: Malgosia Fitzmaurice
2009: Volume 11 (in 4 issues) ISSN 1871-9740 / E-ISSN 1871-9732 Institutional subscription rates Print + e: EUR 310.- / US$ 456.E-only: EUR 279.- / US$ 410. Individual subscription rates Print only: EUR 80.- / US$ 118.International law can only prosper if careful attention is given to all the voices expressing themselves on current legal issues []. Any striving for hegemony threatens to undermine the legitimacy of international law. From the Foreword by Christian Tomuschat and Jean-Marc Thouvenin to The Fundamental Rules of the International Legal Order: Jus Cogens and Obligations Erga Omnes. Merging Non-State Actors and International Law (ISSN 1567-7125) and the International Law FORUM du droit international (ISSN 1388-9036), the International Community Law Review (ICLR) addresses all aspects of international law and the international community. The journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends, for the idea of an international community. The journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors - intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role. Rather than regional, the focus of ICLR will be multicultural, including alternative and/or critical approaches, with contributions written by scholars from all parts of the globe. The International Community Law Review, published four times a year, will consist of articles, shorter articles/comments, case notes and book reviews. For more information see brill.nl/iclr
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International Criminal Law Review


International Law & Human Rights

Editor-in-Chief: Michael Bohlander


2009: Volume 9 (in 5 issues) ISSN 1567-536X / E-ISSN 1571-8123 Institutional subscription rates Print + e: EUR 390.- / US$ 573.E-only: EUR 351.- / US$ 516. Individual subscription rates Print only: EUR 105.- / US$ 154.The practice at the ICTY and ICTR has shown that there is no real international criminal (customary) law, but only extrapolations from international public law, general principles of law and humanitarian law. The divide between the so-called common law and civil law systems and their differences in approach to solving legal problems make it necessary to establish an international forum for discussion and development of a common ground on which the work of the international courts can build. This is especially true with regard to the so-called General Part of the substantive criminal law, like forms of participation, actus reus and mens rea categories, defences and excuses, offence types, sentencing, enforcement etc. But also the procedural law still lacks sharp features in many aspects; the ICCs Rules of Procedure and Evidence will be in need of interpretation. In addition, it will be helpful to the Courts to understand the societal background and effects of the law. Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: the substantive and procedural law on the international level; important cases from national jurisdictions which have a bearing on general issues; criminological and sociological; and, historical research. Papers for consideration should be addressed to Michael Bohlander (michael.bohlander@durham.ac.uk). For more information see brill.nl/icla

The International Journal of Childrens Rights


Editor-in-Chief: Professor Michael Freeman
2009: Volume 17 (in 4 issues) ISSN 0927-5568 / E-ISSN 1571-8182 Institutional subscription rates Print + e: EUR 368.- / US$ 541.E-only: EUR 331.- / US$ 487. Individual subscription rates Print only: EUR 118.- / US$ 173.Focusing both on critical leadership and practical policy development, the articles in the preeminent International Journal of Childrens Rights reflect the perspectives of a broad range of disciplines and contribute to a greater understanding of childrens rights and their impact on the concept and development of childhood. The journal deploys the insights and methodologies of all relevant disciplines, including law, legal and political theory, psychology, psychiatry, educational theory, sociology, social administration and social work, health, social anthropology, economics, theology, and history to further childrens rights in all parts of the world. Papers for consideration should be addressed to Professor Michael Freeman, Faculty of Laws, University College, Bentham House, Endsleigh Gardens, London WC1 H0EG, United Kingdom. For more information see brill.nl/chil

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The International Journal of Marine and Coastal Law


Editors-in-Chief: Professor David Freestone and Professor Gerard J. Mangone
2009: Volume 24 (in 4 issues) ISSN 0927-3522 / E-ISSN 1571-8085 Institutional subscription rates Print + e: EUR 642.- / US$ 944.E-only: EUR 578.- / US$ 850. Individual subscription rates Print only: EUR 199.- / US$ 293.Building on the success of the International Journal of Estuarine and Coastal Law and Marine Policy Reports, The International Journal of Marine and Coastal Law addresses all aspects of of marine and coastal law. Its breadth of coverage extends to all of the legal issues arising from: Ocean and Coastal Management; Marine and Coastal Conservation; Maritime Boundary Delimitation; High Seas; EEZ and Coastal Fisheries Management; Control of Marine and Coastal Pollution; Offshore Energy and Resource Exploitation; Sea Bed Mining; International Aspects of Shipping; Estuarine and Coastal Zone Resource Management; Naval and Military Uses of Oceans; and, Annual Survey of ITLOS. An International Editorial Board supplies a distinctive feature: a vigorous current developments section which provides notes and commentary on international treaties and case law, national statute law, national court decisions, and other aspects of state practice; includes the relevant original documentation where appropriate; and monitors developments in relevant international organizations at a global and regional level. The format also includes in-depth articles, each preceded by an abstract; a book review section; and a current bibliography. An index and tables of cases, statutes, agreements, conventions, and treaties also enhance the accessibility of information. For more information see brill.nl/estu

International Journal on Minority and Group Rights


Editor-in-Chief: Gudmundur Alfredsson
2009: Volume 16 (in 4 issues) ISSN 1385-4879 / E-ISSN 1571-8115 Institutional subscription rates Print + e: EUR 368.- / US$ 541.E-only: EUR 331.- / US$ 487. Individual subscription rates Print only: EUR 134.- / US$ 197.The International Journal on Minority and Group Rights is devoted to interdisciplinary studies of the legal, political, economic and social problems which minorities and indigenous peoples face in all countries of the world. For the purposes of the Journal, groups are seen as clearly recognizable segments of society, defined by such relatively constant factors, as national or ethnic origin, religion, culture or language. Current developments, not least the spread of violent ethnic and religious conflicts, underline the need for a periodical publication dealing with the rights of persons belonging to minorities and indigenous peoples and of the groups themselves. The Journal pays special attention to the contribution which human rights standards and good governance guidelines can make to a better world for all. The Journal aims to become the primary forum for the discussion of the vitally important field of studies which it covers. Papers for consideration should be addressed to Timothy Maloon, Managing Editor ( timothy.maldoon@rwi.lu.se) For more information see brill.nl/ijgr

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International Negotiation
International Law & Human Rights

A Journal of Theory and Practice


Editor-in-Chief: Bertram I. Spector, Center for Negotiation Analysis
2009: Volume 14 (in 3 issues) ISSN 1382-340X / E-ISSN 1571-8069 Institutional subscription rates Print + e: EUR 316.- / US$ 465.E-only: EUR 284.- / US$ 419. Individual subscription rates Print only: EUR 102.- / US$ 150.International Negotiation: A Journal of Theory and Practice examines negotiation from many perspectives, to explore its theoretical foundations and to promote its practical application. It addresses the processes of negotiation relating to political, security, environmental, ethnic, economic, business, legal, scientific and cultural issues and conflicts among nations, international and regional organisations, multinational corporations and other non-state parties. Conceptually, the Journal confronts the difficult task of developing interdisciplinary theories and models of the negotiation process and its desired outcome. Analytically, it publishes a broad selection of original research articles, traditional historical and case studies, and significant contributions to the expanding body of knowledge in the field. In general terms, the Journals practical aim is to identify, analyse and explain effective and efficient international negotiation and mediation processes that result in long-lasting, flexible and implementable solutions. The Editors feel that these questions may be more effectively addressed by devoting entire issues of the Journal to the study of a particular problem. Each issue will offer a coherent, integrated perspective on a specific subject, including such key areas as justice and international negotiation, generating creative negotiations, negotiating un-negotiable issues, failed negotiations, and lessons from other levels of negotiation analysis. Authors are cordially invited to submit proposals and/or full articles to the editor-in-chief Bertram I. Spector. For more information visit also the book series International Negotiation Series brill.nl/ines For more information see brill.nl/iner

International Organizations Law Review


Editors-in-Chief: Niels M. Blokker and Ramses A. Wessel Managing Editor: James D. Fry
2009: Volume 6 (in 2 issues) ISSN 1572-3739 / E-ISSN 1572-3747 Institutional subscription rates Print + e: EUR 260.- / US$ 382.E-only: EUR 234.- / US$ 344. Individual subscription rates Print only: EUR 74.- / US$ 109.After the Second World War in particular, the law of international organizations developed as a discipline within public international law. Separate, but not separable. The International Organizations Law Review purports to function as a discussion forum for academics and practitioners active in the field of the law of international organizations. It is based on two pillars; one is based in the world of scholarship, the other in the world of practice. In the first dimension, the Journal focuses on general developments in international institutional law. Its main interest lies in general, theoretical, issues rather than in the law of specific organizations. Contributions may deal with individual organizations, but the relevance of the subject to other international organizations or to the discipline of the law of international organizations must be clear. Most contributions will therefore focus on institutional rather than on substantive issues. Equally important, however, are the views from practice. The world of scholars and the world of practitioners largely function in separate settings. One is not always fully aware of developments taking place in the other. The Review aims to bridge this separation by creating a forum to identify and discuss legal developments within international organizations as observed by practitioners working for those organizations next to theoretical analyses of international institutional law. Both dimensions are to support and stimulate each other. Papers for consideration should be addressed to Professor Niels Blokker ( n.m.blokker@law.leidenuniv.nl ), or Professor Ramses Wessel ( r.a.wessel@utwente.nl ) For more information see brill.nl/iolr

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Islamic Law and Society


Edited by David S. Powers, Cornell University
2009: Volume 16 (in 4 issues) ISSN 0928-9380 / E-ISSN 1568-5195 Institutional subscription rates Print + e: EUR 329.- / US$ 484.E-only: EUR 296.- / US$ 436. Individual subscription rates Print only: EUR 111.- / US$ 163.Islamic Law and Society provides a forum for research in the field of classical and modern Islamic law, in Muslim and non-Muslim countries. Celebrating its sixth birthday in 2000, Islamic Law and Society has already established itself as an invaluable resource for the subject both in the private collections of scholars and practitioners as well as in the major research libraries of the world. Islamic Law and Society encourages discussion on all branches of Islamic law, with a view to promoting an understanding of Islamic law, in both theory and practice, from its emergence until modern times and from juridical, historical and socialscientific perspectives. Islamic Law and Society offers you an easy way to stay on top of your discipline. Islamic Law and Society publishes theme issues once a year. The following theme issues have been published: Gender, Family, and the Courts in Muslim Societies (1994) Marriage, Divorce and Succession in the Muslim Family (1995) Ijtihd and Taqlid (1996) Social and Economic Aspects of Muslim Waqf (1997) The Islamic Inheritance System (1998) The Legal History of Ottoman Egypt (1999) Islamic Law in al-Andalus (2000) For more information see brill.nl/ils

Journal for European Environmental & Planning Law


Editors-in-Chief: Wolfgang Kck, Helmholtz Centre for Environmental Research, Germany; Matthias Buck, European Commission, Brussels, Belgium; Simon Marr, European Commission, Brussels, Belgium; Moritz Reese, Berlin, Germany.
2009: Volume 6 (in 4 issues) ISSN 1613-7272 / E-ISSN 1876-0104 Institutional subscription rates Print + e: EUR 280.- / US$ 412.E-only: EUR 252.- / US$ 371. Individual subscription rates Print only: EUR 90.- / US$ 132.As climate change is happening and mankind is likely to increase its burden on the environment, European environmental politics and its legal implementation across an enlarged EU is becoming ever more important. The Journal for European Environmental and Planning Law provides a unique intellectual forum for debating and analysing European environmental policies and law. Its aim is to facilitate an enhanced Community wide common understanding of how European environmental policy and law are regulated, transposed and implemented in different Member States. Accordingly, each issue of the Journal for European Environmental and Planning Law provides an in-depth analysis of areas of European environmental and planning law often combined with a detailed description of its implementation in different Member States on a comparative basis. For this purpose the Journal for European Environmental and Planning Law regularly invites experts to contribute to focus-issues contrasting the different approaches, views and experiences on a specific subject matter. Hereby the Journal for European Environmental and Planning Law can also rely on input of a broad European wide network of editors and country correspondents. A comprehensive service section in the Journal for European Environmental and Planning Law features important questions of the development of European environmental policy, law and jurisprudence, including surveys on specific implementation questions. For more information see brill.nl/jeep

International Law & Human Rights

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Journals

Journal of International Peacekeeping


International Law & Human Rights

Edited by Boris Kondoch, University for Peace and Harvey Langholtz, The College of William and Mary
2009: Volume 13 (in 2 double issues) ISSN 1875-4104 / E-ISSN 1875-4112 Institutional subscription rates Print + e: EUR 200.- / US$ 294.E-only: EUR 180.- / US$ 265. Individual subscription rates Print only: EUR 70.- / US$ 103.The Journal of International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, humanitarian law, and terrorism. The journal is of scholarly quality but is not narrowly theoretical. It provides the interested public - diplomats, civil servants, politicians, the military, academics, journalists, and NGO employees - with an up-to-date source of information on peacekeeping, enabling them to keep abreast of the most important developments in the field. Peacekeeping is treated in a pragmatic light, seen as a form of international military cooperation for the preservation or restoration of international peace and security. Attention is focused not only on UN peacekeeping operations, but other missions as well. The Journal of International Peacekeeping is the continuation of the journal and yearbook International Peacekeeping, founded in 1994. Authors are cordially invited to submit articles to the journal editors Boris Kondoch and Harvey Langholtz, and books for review to the Associate Editor Alexander Orakhelashvili. For more information visit also the journals website International Peacekeeping.org. More information on the yearbook can be found on International Peacekeeping. For more information see brill.nl/joup

Journal of the History of International Law / Revue dhistoire du droit international


Founding editor: Prof. Ronald MacDonald Editors-in-Chief: Peter Haggenmacher, Michael Stolleis, Rdiger Wolfrum
2009: Volume 11 (in 2 issues) ISSN 1388-199X / E-ISSN 1571-8050 Institutional subscription rates Print + e: EUR 245.- / US$ 360.E-only: EUR 221.- / US$ 324. Individual subscription rates Print only: EUR 78.- / US$ 115.The object of the Journal of the History of International Law/Revue dhistoire du droit international is to contribute to the effort to make intelligible the international legal past, however varied and eccentric it may be, to stimulate interest in the whys, the whats and wheres of international legal development, without projecting present relationships upon the past, and to promote the application of a sense of proportion to the study of current international legal problems. The aim of the Journal is to open fields of inquiry, to enable new questions to be asked, to be awake to and always aware of the plurality of human civilizations and cultures, past and present, and to maintain an appreciation of patterns of cultural flow and interaction that centrally affect international law and its development. Without abandoning chronology and contextualization, which provide the essential framework within which laws and legal events make sense, the Journal of the History of International Law/ Revue dhistoire du droit international aims to publish articles, essays and comments on thematic lines as well. By encouraging different methods of approaching the subject it is thought that new light will be cast upon familiar and not so familiar aspects of international law, including private international law. Papers for consideration should be addressed to: Journal of the History of International Law, c/o Peter Macalister-Smith, MaxPlanck-Institut, Im Neuenheimer Feld 535, D-69120 Heidelberg, Germany. For more information see brill.nl/jhil

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Journals

The Law and Practice of International Courts and Tribunals


A Practitioners Journal
Editor-in-Chief: Eduardo Valencia-Ospina Managing Editor: Loretta Malintoppi
2009: Volume 8 (in 3 issues) ISSN 1569-1853 / E-ISSN 1571-8034 Institutional subscription rates Print + e: EUR 275.- / US$ 398.E-only: EUR 248.- / US$ 364. Individual subscription rates Print only: EUR 80.- / US$ 118.The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature. Procedural matters covered in the Journal include: the bench, representation of the parties, institution of contentious proceedings, written proceedings and related matters, oral proceedings, proceedings in chambers, absence of appearance, provisional measures of protection, preliminary objections, counterclaims, intervention by third States, discontinuance of proceedings, the decision, interpretation and revision of judgments, advisory proceedings, evidence, witnesses, experts, the extra-judicial function. Published in cooperation with Eversheds For more information see brill.nl/lape

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue dHistoire du Droit
Editorial board: J.M.J. Chorus, R. Feenstra, P. Gerbenzon, J.J. Hallebeek, C.H. van Rhee, A.J.B. Sirks, J.Th. de Smidt, L.C. Winkel, F.B.J. Wubbe, Ph. Godding, D. Heirbaut, J. Monballyu, L. Waelkens, A. Wijffels.
2009: Volume 77 (in 0 issues) ISSN 0040-7585 / E-ISSN 1571-8190 Institutional subscription rates Print + e: EUR 437.- / US$ 642.E-only: EUR 393.- / US$ 578. Individual subscription rates Print only: EUR 142.- / US$ 209.The Legal History Review, inspired by E.M. Meijers, is a peerreviewed journal and was founded in 1918 by a number of Dutch jurists, who set out to stimulate scholarly interest in legal history in their own country and also to provide a centre for international cooperation in the subject. This has gradually through the years been achieved. The Review had already become one of the leading internationally known periodicals in the field before 1940. Since 1950 when it emerged under Belgo-Dutch editorship its position strengthened. Much attention is paid not only to the common foundations of the western legal tradition but also to the special, frequently divergent development of national law in the various countries belonging to, or influenced by it. Modern and contemporary, as well as ancient and medieval history is considered. Roman law and its later development, as well as canon law, have always been particularly important; in addition the history of the English Common Law has been extensively studied. For more information see brill.nl/lega

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Middle Eastern Law and Governance


International Law & Human Rights

Nordic Journal of International Law


Acta scandinavica juris gentium
Editor-in-Chief: Christina Johnsson
2009: Volume 78 (in 4 issues) ISSN 0902-7351 / E-ISSN 1571-8107 Institutional subscription rates Print + e: EUR 462.- / US$ 679.E-only: EUR 416.- / US$ 611. Individual subscription rates Print only: EUR 155.- / US$ 228.Established in 1930, the Nordic Journal of International Law has remained the principal forum in the Nordic countries for the scholarly exchange on legal developments in the international and European domains. Combining broad thematic coverage with rigorous quality demands, it aims to present current practice and its theoretical reflection within the different branches of international law. The Nordic Journal of International Law features: - an Editorial Board selected from among the most prominent scholars and practitioners in the field of international law in the Nordic countries of Iceland, Finland, Norway, Sweden, and Denmark; - a diverse range of refereed articles; - annual reports on state practice in the Nordic region; - an annual report on the work of the International Law Commission; - special issues on current topics; - regular book reviews; and, - periodic updates on key developments and events in Nordic and international practice. The strength of its editorial board and the resulting quality and variety of the features and articles offered make this wellestablished journal an important component in a complete international law library. Papers for consideration should be addressed to Ms Linda Hiltmann (linda.hiltmann@rwi.lu.se ) For more information see brill.nl/njil

An Interdisciplinary Journal
Edited by Anver Emon, University of Toronto, Ellen Lust-Okar, Yale University, Audrey Macklin, University of Toronto
2009: Volume 1 (in 2 issues) ISSN 1876-3367 / E-ISSN 1876-3375 Institutional subscription rates Print + e: EUR 159.- / US$ 234.E-only: EUR 143.- / US$ 211. Individual subscription rates Print only: EUR 45.- / US$ 66.The aim of MELG is to provide a peer-reviewed venue for academic analysis in which the legal lens allows scholars and practitioners to address issues of compelling concern to the Middle East. The journal is multi-disciplinary offering contributors from a wide range of backgrounds an opportunity to discuss issues of governance, jurisprudence, and sociopolitical organization, thereby promoting a common conceptual framework and vocabulary for exchanging ideas across boundaries geographic and otherwise. It is also broad in scope, discussing issues of critical importance to the Middle East without treating the region as a self-contained unit. Through this approach, MELG hopes to contribute to shared understandings between peoples, and enhanced discourse on institutional and human development at the local and global levels. As a journal with a regional focus, MELG provides a forum for those involved both in Middle Eastern studies and the use of law as a point of intersection or a point of departure in their research. Yet as a journal with a global scope, MELG offers a creative and innovative space for critical and reflective interdisciplinary approaches to jurisprudence, governance, and institutional development more generally. History, politics, economics, religion, and culture are certainly relevant for understanding the challenges facing the Middle East. Those factors are immersed in a more general context of government institutions and legal systems overseeing resource management, distribution, and ultimately justice. MELG offers an intellectual space for a community of scholars devoted to the interdisciplinary study of law, governance, and the Middle East from a global perspective. For more information see brill.nl/melg

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Religion and Human Rights


An International Journal
Managing Editor: Nazila Ghanea
2009: Volume 4 (in 3 issues) ISSN 1871-031X / E-ISSN 1871-0328 Institutional subscription rates Print + e: EUR 245.- / US$ 360.E-only: EUR 221.- / US$ 324. Individual subscription rates Print only: EUR 78.- / US$ 115.Religion & Human Rights provides a unique academic forum for the discussion of issues which are of crucial importance and which have global reach. The Journal covers the interactions, conflicts and reconciliations between religions or beliefs on the one hand; and systems for the promotion and protection of human rights, international, regional and national, on the other. The Journal tackles these issues fearlessly, and draws its materials from all relevant disciplines - theology, anthropology, history, international relations, human rights, religious studies, and many others - but with special emphasis on legal frameworks. It is an indispensable source for all those concerned with monitoring, studying, teaching, analysing or developing policies on the relationship between religion and human rights today. The Journal of Religion & Human Rights is a peer-reviewed, academic journal, published by Martinus Nijhoff Publishers - the worlds leading imprint for international Human Rights books and periodicals. Nijhoff is an imprint of Brill of Leiden, The Netherlands, which is itself internationally renowned for the strength of its publishing programmes, inter alia, in the field of religious studies. The Journal is available online as well as in traditional form. For more information see brill.nl/rhrs

Review of Central and East European Law


General Editor: William B. Simons, University of Trento, University of Leiden
2009: Volume 34 (in 4 issues) ISSN 0925-9880 / E-ISSN 1573-0352 Institutional subscription rates Print + e: EUR 388.- / US$ 570.E-only: EUR 349.- / US$ 513. Individual subscription rates Print only: EUR 134.- / US$ 197.Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries. In particular, the impending accession of several CEE states to the European Union creates a promising area of research in the coming years. For more information visit the book series Law in Eastern Europe (brill.nl/laee) and brill.nl/rela

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Journals

Security and Human Rights


International Law & Human Rights

Societies Without Borders


Human Rights & the Social Sciences
Edited by Judith Blau, University of North Carolina, Chapel Hill, and Farshad Araghi, Florida Atlantic University Book Review Editor: Keri Iyall Smith
2009: Volume 4 (in 3 issues) ISSN 1871-8868 / E-ISSN 1872-1915 Institutional subscription rates Print + e: EUR 175.- / US$ 257.E-only: EUR 158.- / US$ 231. Individual subscription rates Print only: EUR 63.- / US$ 93.What the worlds peoples have in common notwithstanding the borders that divide them is the aspiration to achieve human rights the rights to food, housing, health care, education, decent work, free speech, to speak ones conscience, as well as the right to a fair trial, to a safe environment, and the right to peace. What the worlds people are beginning to discover is that this aspiration is not only a common one, but it can only be pursued collectively in disregard of the borders that divide people. People may live in societies, derive their identities from their societies, but the pursuit of human rights is pursued and coordinated across borders. The journal, Societies without Borders, aims for high caliber scholarly analysis and also encourages submissions that address pioneering thought in human rights, globalism, and collective goods. Authors are cordially invited to submit articles to the journal editors Judith Blau and Farshad Araghi, and books for review to the Associate Editor Keri Iyall Smith. For more information visit also the journals website Sociologists Without Borders: sociologistswithoutborders.org For more information see brill.nl/swb

(formerly: Helsinki Monitor)


Editor-in-Chief: Arie Bloed Executive Editor: Julia Koster
2009: Volume 20 (in 4 issues) ISSN 1874-7337 / E-ISSN 1875-0230 Institutional subscription rates Print + e: EUR 171.- / US$ 251.E-only: EUR 154.- / US$ 226. Individual subscription rates Print only: EUR 50.- / US$ 74.Security and Human Rights (formerly Helsinki Monitor) is a quarterly journal devoted to issues inspired by the work and principles of the Organization for Security and Cooperation in Europe (OSCE). It looks at the challenge of building security through cooperation across the northern hemisphere, from Vancouver to Vladivostok, as well as how this experience can be applied to other parts of the world. It aims to stimulate thinking on the question of protecting and promoting human rights in a world faced with serious threats to security. The journal, founded in 1990 under the title Helsinki Monitor, is a legacy of the Helsinki process that was designed during the Cold War, to bridge Eastern and Western Europe on the basis of common principles and co-operative security. It brings to light current developments affecting human rights, peace and security across North America, and wider Europe including Central Asia. Major themes include: Conflict prevention; Human rights; Minorities; Democracy building; and Cooperative security. Security and Human Rights (formerly Helsinki Monitor) is published by Koninklijke Brill N.V. in cooperation with the Netherlands Helsinki Committee (NHC) that continues to be responsible for its contents. For more information see brill.nl/shrs

64
Martinus Nijhoff Publishers / BRILL catalog 2009

Authors Index

18

23 28

20

30

13

Abramson, B., A Commentary on the United Nations Convention on the Rights of the Child, Volume 2, Article 2: The Right of NonDiscrimination Abtahi, H.; Webb, P., The Genocide Convention: The Travaux Prparatoires Ahern, J. and Binchy, W. (eds), The Rome II Regulation on the Law Applicable to Non-Contractual Obligations, A New International Litigation Regime Alasow, O.A., Violations of the Rules Applicable in NonInternational Armed Conflicts and Their Possible Causes, The Case of Somalia Al-Bashir Muhammad al-Amine, Risk Management in Islamic Finance, An Analysis of Derivatives Instruments in Commodity Markets Alfredsson, G., Grimheden, J. , Ramcharan, B.G. and de Zayas, A. (eds), International Human Rights

17

Brouwer, E., Digital Borders and Real Rights, Effective

32

Remedies for Third-Country Nationals in the Schengen Information System

33 17 25 44

Monitoring Mechanisms, Essays in Honour of Jakob Th. Mller, 2nd Revised edition 17 Allain, J., The Slavery Conventions, The Travaux Prparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention 29 Alvarez, G.A and Reisman, W.M., The Reasons Requirement in International Investment Arbitration: Critical Case Studies 40 Amerasinghe, C.F., Jurisdiction of Specific International Tribunals 49 Anastasakis , O.; Nicolaidis, K.A. and Oktem, K., (eds), In the long shadow of Europe: Greeks and Turks in the era of Postnationalism 48 Antapassis A.; Athanassiou, L. and Rosaeg, E. (eds), Competition and Regulation in Shipping and Shipping Related Industries 19 Arai, Y., The Law of Occupation, Continuity and Change of International Humanitarian Law, and its Interaction with International Human Rights Law 16 Arnardttir, O.M. and Quinn, G. (eds), The UN Convention on the Rights of Persons with Disabilities, European and Scandinavian Perspectives 22 Arnold, R. (ed.), Law Enforcement within the Framework of PSO 39 Asociacin Espaola de Prof. de Derecho Internat. (ed.), Spanish Yearbook of International Law, Volume 12 (2006) 17 Barth, W.K., On Cultural Rights: The Equality of Nations and the Minority Legal Tradition 3 Bassiouni, M.C., International Criminal Law, Volume 1, Sources, Subjects and Contents 3 Bassiouni, M.C., International Criminal Law, Volume 2, Multilateral and Bilateral Enforcement Mechanisms 3 Bassiouni, M.C., International Criminal Law, Volume 3, International Enforcement 38 Bogdandy, A. von and Wolfrum, R. (eds), Max Planck Yearbook of United Nations Law, Volume 12 (2008) 35 Bonaf, I., The Relationship Between State and Individual Responsibility for International Crimes 29 Bonell, M.J. (ed.), The UNIDROIT Principles in Practice, Caselaw and Bibliography on the UNIDROIT Principles of International Commercial Contracts, 2nd ed 17 Bourquain, K., Freshwater Access from a Human Rights Perspective, A Challenge to International Water and Human Rights Law

Future of Ocean Regime-Building, Essays in Tribute to Douglas M. Johnston 14 Christoffersen, J., Fair Balance: A Study of Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights 26 Coleman, N.P., European Readmission Policy, Third Country Interests and Refugee Rights 34 Conforti, B.; Ferrari Bravo, L.; Francioni, F.; Ronzitti, N.; Sacerdoti, G. and Pavoni, R. (eds), The Italian Yearbook of International Law, Volume 17 (2007) 31 Cotran, E. and Lau, M. (eds), Yearbook of Islamic and Middle Eastern Law, Volume 13 (2006-2007) 41 Council of Europe/Conseil de lEurope (ed.), European Yearbook / Annuaire Europen, Volume 54 (2006) 14 Council of Europe/Conseil de lEurope (ed.), Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de lhomme, Volume 50 (2007) 9 Daudet, Y. (ed.), Topicality of the 1907 Hague Conference, the Second Peace Conference/Actualit de la Confrence de La Haye de 1907, Deuxime Confrence de la paix 50 Davis, S., Contested Space: Anglo-American Relations in the Persian Gulf, 1939-1947 37 De Brabandere, E., Post-conflict Administrations in International Law, International Territorial Administration, Transitional Authority and Foreign Occupation in Theory and Practice 13 Dinstein, Y. and Domb, F. (eds), Israel Yearbook on Human Rights, Volume 38 (2008) 24 El Zeidy, M., The Principle of Complementarity in International Criminal Law, Origin, Development and Practice 22 Engdahl, O. and Wrange, P. (eds), Law at War: The Law as it Was and the Law as it Should Be, Liber Amicorum Ove Bring 16 European Centre for Minority Issues; The European Academy Bozen/Bolzano (ed.), European Yearbook of Minority Issues, Volume 6 (2006/2007) 45 European Maritime Safety Agency, Lisbon, The EU Maritime Safety Policy and International Law 12 Evans, M.D. and Weber, A., Council of Europe Manuals Human Rights in Culturally Diverse Societies

Chircop, A. ; Coffen-Smout, S. and McConnell, M. (eds), Ocean Yearbook 23 45 Chircop, A.; McDorman, T. and Rolston, S. (eds), The
42

International Law between Universalism and Fragmentation, Festschrift in Honour of Gerhard Hafner Burgis, M.L., Boundaries of Discourse in the International Court of Justice, Mapping Arguments in Arab Territorial Disputes Calnan, S., The Effectiveness of Domestic Human Rights NGOs, A Comparative Study Carrera, S., In Search of the Perfect Citizen?, The Intersection between Integration, Immigration and Nationality in the EU Center for Oceans Law and Policy, Charlottesville, Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention Centre dEtude et de Recherche de Droit Internat., Rules and Institutions of International Humanitarian Law Put to the Test of Recent Armed Conflicts, 2007

Buffard, I.; Crawford, J.; Pellet and Wittich, S. (eds),

International Law & Human Rights

65
Martinus Nijhoff Publishers / BRILL catalog 2009

Authors Index

37 46 18

20 22

45 10 31 34 40 50 46 22 39
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Martinus Nijhoff Publishers / BRILL catalog 2009

12

of the International Community Feldbrugge, F.J.M., Law in Medieval Russia Feria Tinta, M., The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child, Protecting the Most Vulnerable at the Edge Fernndez-Snchez, P.A. (ed.), International Legal Dimension of Terrorism Ferstman, C.F.; Goetz, M.G. and Stephens, A. (eds), Reparations for Victims of Genocide, War Crimes and Crimes against Humanity, Systems in Place and Systems in the Making Fonseca de Souza Rolim, M.H., The International Law on Ballast Water, Preventing Biopollution Gaillard, Aspects philosophiques du droit de larbitrage international Garb, L. (ed.), Business Laws of Israel (updated through suppl. 2005/2) , Supplement 2007/1 Gladstone, A. (ed.), International Labour Law Reports, Volume 27 Grant, Admission to the United Nations, Charter Article 4 and the Rise of Universal Organization Greenwood, S., Titan at the Foreign Office: Gladwyn Jebb and the Shaping of the Modern World Hallebeek, J. (ed.); Dondorp, J.H. (ed.), Contracts for a third-party beneficiary. A historical and comparative account Hashemi, K., Religious Legal Traditions, International Human Rights Law and Muslim States Hoffman, M. and Rumsey, M., International and Foreign Legal Research: A Coursebook

Fassbender, B., The United Nations Charter as the Constitution

19 22 21 7 8 39 49

15 27 31

36 25 45

43

42

44

12 36 39 18 4 4 4 33 27 17

Anuario Interamericano de Derechos Humanos, Volume 20, (2004) International Tribunal for the Law of the Sea, Yearbook International Tribunal for the Law of the Sea, Volume 10, (2002) International Tribunal for the Law of the Sea, Annuaire Tribunal international du droit de la mer, Volume 11, (2007) International Tribunal for the Law of the Sea, Yearbook International Tribunal for the Law of the Sea, Volume 11, (2007) Joseph, R., Human Rights and the Unborn Child Klabbers, J. and Creutz, K. (ed.), Finnish Yearbook of International Law, Volume 17 (2006) Landau, E. and Beigbeder, Y., From ILO Standards to EU Law, The Case of Equality between Men and Women at Work Langlaude, S., The Right of the Child to Religious Freedom in International Law Laucci, C. (ed.), Code annot de la Cour pnale internationale, 2004-2006 Laucci, C. (ed.), The Annotated Digest of the International Criminal Court, 2007 Laucci, C. (ed.), The Annotated Digest of the International Criminal Court, 2004-2006 Laurin, C. (ed.), Baltic Yearbook of International Law, Volume 8 (2008) Laursen, F. (ed.), The Rise and Fall of the EUs Constitutional Treaty Li, Y. (ed.); Goldschmidt, J. (ed.), Taking Employment Discrimination Seriously: Chinese and European Perspectives

Inter-American Commission on Human Rights/ La Comis (ed.), Inter-American Yearbook on Human Rights /

Nordquist, M.H.; Wolfrum, R.; Moore, J.N. and Long, R. (eds), Legal Challenges in Maritime Security 48 OKeefe, T.A., Latin American and Caribbean Trade Agreements, Olsolo, H., Unlawful Attacks in Combat Situations, From the Oser, T. , The Unidroit Principles of International Commercial Pan, J., Toward a New Framework for Peaceful Settlement of
Contracts: A Governing Law? Chinas Territorial and Boundary Disputes ICTYs Case Law to the Rome Statute Keys to a Prosperous Community of the Americas

Autonomy, Identity and Integrity under the European Convention on Human Rights McCormack, T.L.H. (ed.); Blumenthal (ed.), The Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance? McLaughlin, R., United Nations Naval Peace Operations in the Territorial Sea Mehren, A.T. von, Adjudicatory Authority in Private International Law, A Comparative Study Meron, T., The Humanization of International Law Miller, R. and Bratspies, R.M. (eds), Progress in International Law Molier, G. and Nieuwenhuys, E.C. (eds), Peace, Security and Development in an Era of Globalization, The Integrated Security Approach Viewed from a Multidisciplinary Perspective Nafziger, J.A.R. and Nicgorski, A. M., Cultural Heritage Issues, The Legacy of Conquest, Colonization and Commerce Nascimbene, B.; Condinanzi (ed.); Lang (ed.), Citizenship of the Union and Freedom of Movement of Persons Nasir, J.J.A., The Status of Women under Islamic Law and Modern Islamic Legislation, Third Edition of the Revised and Updated Work Nasu, H., International Law on Peacekeeping, A Study of Article 40 of the UN Charter Niessen, J. and Huddleston, T. (eds), Legal Frameworks for the Integration of Third-Country Nationals

Marshall, J., Personal Freedom through Human Rights Law?,

International Law & Human Rights

22 29 35 23 27 39 24 15 51

37 28 29 18

International Legal Analysis Psychogiopoulou, E., The Integration of Cultural Considerations in EU Law and Policies Qafisheh, M., The International Law Foundations of Palestinian Nationality, A Legal Examination of Nationality in Palestine under Britains Rule Raimondo, F.O., General Principles of Law in the Decisions of International Criminal Courts and Tribunals Ramcharan, B.G., The Protection Roles of UN Human Rights Special Procedures Rasch, M.B., The European Union at the United Nations, The Functioning and Coherence of EU External Representation in a State-centric environment Raue, J. and Sutter, P. (eds), Facets and Practices of StateBuilding Rovine, A.W., (ed.), Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, 2008 Rovine, A.W., (ed.), Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, 2007 Sabatello, M., Childrens Bioethics, The International Biopolitical Discourse on Harmful Traditional Practices and the Right of the Child to Cultural Identity

Pati, R., Due Process and International Terrorism, An

Authors Index

24

50 21 10 41 48 26 24

Practice of International Criminal Law, Essays in Honor of M. Cherif Bassiouni Salter, M., US Intelligence, the Holocaust and the Nuremberg Trials: Seeking Accountability for Genocide and Cultural Plunder Schmitt and Pejic , J. (eds), International Law and Armed Conflict: Exploring the Faultlines Schrijver, N.J., The Evolution of Sustainable Development in International Law: Inception, Meaning and Status Seyersted, F., Common Law of International Organizations Shubber, S., The Law of Investment in Iraq Simons, W.B. (ed.), Private and Civil Law in Russia, The Civil Code and the Public/Private Distinction

Sadat, L. N. and Scharf, M.P. (eds), The Theory and

27 17 32 18 47

Verschuuren, J.M. (ed.), The Impact of Legislation, A Critical


lHomme

Viale, C., Lexicon Of Human Rights / Les Dfinitions des Droits de

Analysis of Ex Ante Evaluation

47 30 15 51 46

Crime, Addiction and the Regulation of Gambling 40 Stahn, C. and Sluiter, G. (eds), The Emerging Practice of the International Criminal Court 24 Stigen, J., The Relationship between the International Criminal Court and National Jurisdictions, The Principle of Complementarity 7 Symeonides, S.C., The American Choice-of-Law Revolution: Past, Present and Future 29 The Hague Conference on Private International Law (ed.), Proceedings/ Actes et Documents of the XIXth Session of the Hague Conference on Private International Law, Tome I 22 Van Baarda, Th. A. and Verweij, D.E.M. (eds), The Moral Dimension of Asymmetrical Warfare, Counter-terrorism, Democratic Values and Military Ethics 43 Van Dyke, J.M. and Hong, S-Y, (eds), Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea 51 Van Elsuwege, P., From Soviet Republics to EU Member States. A Legal and Political Assessment of the Baltic States Accession to the EU 41 Vedder, A. (ed.), NGO Involvement in International Governance and Policy, Sources of Legitimacy

Spapens, A.; Littler, A. and Fijnaut and C.J.C.F. (eds),

39 35

32 38 41

Villiger, M.E., Commentary on the 1969 Vienna Convention on the Law of Treaties Vit, S. ; Bochat, H., Commentary on the United Nations Convention on the Rights of the Child, Volume 21 Article 21: Adoption Voigt, C., Sustainable Development as a Principle of International Law, Resolving Conflicts between Climate Measures and WTO Law Warner, R., Protecting the Oceans Beyond National Jurisdiction, Strengthening the International Law Framework Wasti, T., The Application of Islamic Criminal Law in Pakistan, Sharia in Practice Weller, M., Escaping the Self-Determination Trap Weller, M., Peace Lost: The Failure of Conflict Prevention in Kosovo Wilson, E., Savage Republic: De Indis of Hugo Grotius, Republicanism and Dutch Hegemony within the Early Modern World-System (c. 1600-1619) Withana, R., Power, Politics, Law: International Law and State Behaviour During International Crises Yahyaoui Krivenko, E., Women, Islam and International Law, Within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women Yee, S. and Morin, J-Y. (eds), Multiculturalism and International Law, Essays in Honour of Edward McWhinney Yusuf, A.A. (ed.), African Yearbook of International Law / Annuaire Africain de droit international, Volume 15 (2007) Ziad, N.G., Problems of International Administrative Law, On the Occasion of the Twentieth Anniversary of the World Bank Administrative Tribunal

International Law & Human Rights

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Martinus Nijhoff Publishers / BRILL catalog 2009

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