Forthcoming Titles

The Palestine Question in International Law

Victor Kattan (ed)

To be published April 2008
ISBN: 978-1-905221-30-1
Hardback
Price: £90

The question of Palestine has been a pivotal one for international law ever since the foundation of the United Nations Organisation in 1945. It remains so today. On 9 July 2004, the International Court of Justice gave its advisory opinion on the Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory where it ruled on some major international law questions concerning the applicability of the Geneva Civilians Convention of 1949 to prolonged occupations, as well as human rights law more generally. It confirmed the illegality of the Israeli civilian settlements established on occupied Palestinian territory and affirmed the continuing relevancy of the right of the Palestinian people to self-determination which it considered an obligation erga omnes. The ICJ did not, however, rule on many of the international law questions pertaining to Final Status Issues which still need to be negotiated between the Israeli and Palestinian leadership if peace is to ever be accomplished in the Holy Land. In this series of essays, some of the most important questions relating to the Israel-Palestine conflict are addressed and reproduced in one complete volume to coincide with the 60th anniversary of the demise of the British mandate of Palestine and the creation of Israel.

'It is often suggested that a little goodwill and give and take could resolve the conflict between Israel and Palestine. This collection of some of the best legal analysis of the matter is a timely reminder that there are fundamental legal rights and duties at stake, and basic questions of the Rule of Law, which must be understood and addressed if a just and durable settlement of this desperately sad, and ultimately dehumanizing, situation is to be found' (Professor Vaughan Lowe QC, Chichele Professor of Public International Law, All Souls College, Oxford).

Table of Contents

Foreword by John Dugard

International Legal Limits on Rendition

Sylvia Borelli

To be published 2008
ISBN: 978-1-905221-13-4
Paperback
Price: tbc

Damages in International Law

Sergey Ripinsky et al

To be published June 2008
ISBN: 978-1-905221-24-0
Paperback
Price tbc

In the past two decades, disputes between foreign investors and host States have been rapidly gaining prominence on the international plane. These disputes raise a number of important questions of international law, one of which concerns awards of compensation to aggrieved investors. This book is the first one to examine, in a systematic, comprehensive and detailed manner, a broad range of issues that arise in relation to the recovery of damages by foreign investors. It puts special emphasis on the interpretation and application of international rules on damages by arbitral tribunals.

The book offers a much-sought review and balanced assessment of complicated questions, many of which are in the process of development and may be unsettled or controversial. It represents a valuable reference tool for legal professionals practising in the field of investor-State litigation. It is supplemented by a CD containing over 400 pages of summaries of relevant arbitral awards.

Agriculture and the Polluter Pays Principle

Peggy Grossman (ed)

To be published 2008
ISBN: 978-1-905221-20-2
Paperback
Price tbc

Evidence Before the International Court of Justice

Anna Riddell and Brendan Plant

To be published July 2008
ISBN: 978-1-905221-12-7
Paperback
Price tbc

Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study by the British Institute of International and Comparative Law on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts in detail, in both contentious and advisory proceedings, from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace.

Considerations of flexibility and respect for the sovereignty of the State Parties before it have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases in which a thorough consideration of the facts has been essential has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench.

This book examines the history and development of the treatment of evidence since the early days of the PCIJ up to the recent Nicaragua v Honduras judgment, critically analysing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions and academic writings on the subject. It aims not only to provide an academic discussion of the subject, but also to act as a guide to practitioners appearing before the Court.

The Impact of the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts

Simon Olleson

To be published July 2008
ISBN: 978-1-905221-26-4
Paperback
Price tbc

The aim of the study is to provide a comprehensive overview of instances of express reliance on the Articles in international judicial and arbitral practice, as well as by domestic courts, since the adoption of the Articles by the International Law Commission in the autumn of 2001. Further, in addition to cataloguing instances of express reliance on the Articles, the study also extracts and discusses the most important pronouncements of international courts and tribunals in relation to the topic of State responsibility made without reference to the Articles.

Restructuring International Debt

Mauro Megliani

To be published August 2008
ISBN: 978-1-905221-29-5
Paperback
Price tbc

State Immunity and Arbitration in Civil Proceedings

Khawar Qureshi (ed)

To be published October 2008
ISBN: 978-1-905221-20-2
Paperback
Price tbc

The Temporal Jurisdiction of BIT Tribunals

Nick Gallus

To be published 2008
ISBN: 978-1-905221-34-9
Paperback
Price tbc

The Temporal Jurisdiction of BIT Tribunals addresses all aspects of investment protection treaty tribunals' temporal jurisdiction. Specifically, the book examines: the application of the temporal rule to investment protection treaties, including the aspect of the rule providing that a State cannot breach a treaty through acts occurring before the treaty comes into force; circumstances under which a State can breach a treaty through continuing or composite acts beginning before the treaty comes into force; the consequence of State acts after the treaty is signed but before it is ratified; time limits; and disputes arising before an investment protection treaty comes into force.

The book draws from investment protection treaty decisions, as well as relevant decisions of other international tribunals, and is, therefore, not only a resource for investment protection treaty practitioners, arbitrators, academics and students, but also for those interested in the temporal jurisdiction of any international tribunal.