Current Books

The Temporal Scope of Investment Protection Treaties by Nick Gallus

Nick Gallus
Published: February 2009

The Temporal Scope of Investment Protection Treaties 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 disputed 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.

Prices
Member: £36
Non-Member: £60

Evidence before the International Court of Justice by Anna Riddell and Brendan Plant

Anna Riddell, Brendan Plant
Published: February 2009

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 incerasing 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.

Prices
Member: £45
Non-Member: £75

Investment Treaty Law Current Issues I,II and III

Published: February 2009

Prices
Member: £102
Non-Member: £170

Investment Treaty Law: Current Issues III

Andrea K Bjorkland, Ian A Laird and Sergey Ripinsky
Published: February 2009

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them.

The Forum held two conferences in 2007: the present volume compiles the papers presented at the conferences as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment arbitration that featured some of the foremost authorities on the subject.

Part I of the book is devoted to remedies, compensation and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Papers in Part II address the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

Prices
Member: £48
Non-Member: £80

Damages in International Investment Law

Sergey Ripinsky with Kevin Williams
Published: November 2008

The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions of international law. This volume addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The result of a two-year research project carried out at the British Institute of International and Comparative Law, this book is the first to examine the subject in a systematic, comprehensive and detailed manner.

The authors provide a much-needed balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analysis of the most recent investment treaty case law, other relevant practice, both international and national, is reviewed. Thorough, well-organised and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitration.

Prices
Member: £54
Non-Member: £90

Introduction to the Iranian Legal System and the Protection of Human Rights in Iran

Adineh Abghari
Published: October 2008

From 2005 to 2008 the Institute has been conducting a comprehensive project on human rights in the Islamic Republic of Iran. The project's aim was to promote human rights as a central part of the dialogue in which the European Union and and Iran have been engaged since 2002.

This publication is one of the outputs of that project, designed as a practical guide and reference book for foreign jurists and human rights defenders. It deals with Iran's legal system and its internal safeguards for human rights. This book covers the political structure of Iran; the history of the judiciary in Iran; the sources and nature of Iranian law; and the internal safeguards for fundamental freedoms and rights.

Prices
Member: £30
Non-Member: £50

Sharia, Muslim States and International Human Rights Treaty Obligations:A Comparative Study

Nisrine Abiad
Published: October 2008

This research, undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties, seeks to measure and analyse to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States.

An analysis of the various roles of Sharia reveals difference approaches in the use of Islamic considerations by Muslim States; at an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement; internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

Prices
Member: £30
Non-Member: £50

Sourcebook of International Human Rights Materials

Aphrodite Smagadi
Published: October 2008

From 2005 to 2008, the Institute has been conducting a comprehensive project on human rights in the Islamic Republic of Iran. The project's aim was to promote human rights as a central part of the dialogue in which the European Union and thispublication is one of the outputs of that project. It is designed as a practical guide and reference book for lawyers and other human rights defenders, and it describes the international legal framework of human rights.

The book is written in English with a Farsi translation.

This brief account of the fundamental principles of treaty law and practice aims to facilitate better understanding of the structure and functioning of the human rights system at the international level. Focus is then placed on selected individual human rights and on the issues encountered by vulnerable groups, on the basis of significance of the topics to both parties to the dialogue. In each section, analysis is accompanied by the relevant provisions of international human rights instruments and case law. The book concludes with a list of bibliographical sources suggested for further reading.

Prices
Member: £44
Non-Member: £60

The Palestine Question in International Law (compiled and edited by Victor Kattan)

Victor Kattan
Published: May 2008

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

This book will be launched at the Institute on Wednesday 21 May 2008. Please click here for further details.

Prices
Member: £54
Non-Member: £90

International Electronic Evidence (edited by Stephen Mason)

Stephen Mason
Published: May 2008

An increasing number of civil and criminal proceedings involve the use of digital evidence across jurisdictional boundaries. Digital evidence now affects every aspect of law, including contract, employment, family, crime, intellectual property and land law; in effect, no area of law is excluded, and digital evidence has become of greater importance now the Internet and World Wide Web have become ubiquitous.

It is increasingly apparent that criminals and terrorists target the electronic environment to steal, carry out extortion and abuse children across jurisdictions. Additionally, both public and commercial organizations now rely on the digital environment to such an extent that it has become critical to business and, perhaps, the survival of the State.

This new title provides an outline of the substantive law of evidence, admissibility, disclosure, and procedural requirements in respect of digital evidence for the jurisdictions covered, which include: Argentina, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand and Turkey.

Table of Contents
Preface

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Member: £72
Non-Member: £120