The Modern Law of Armed
Conflict (Oxford University Press) [FORTHCOMING]
Oppenheim's International Law -
Volume 2 [FORTHCOMING]
The Kuwait Crisis : Basic
Documents (Cambridge International Documents Series no.)
Edited by E. Lauterpacht University of Cambridge C. J. Greenwood
London School of Economics and Political Science Marc Weller
University of Cambridge Daniel Bethlehem (Cambridge University
Press, 1991)
This volume of documents
relates to the legal aspects of the international crisis
arising out of the Iraqi invasion of Kuwait in August
1996. It opens with a substantial section of documents
dealing with the international status of both Iraq and
Kuwait, to the evolution of their boundaries and to
earlier episodes pertinent to the major events. It is
followed by sections of documents presenting the
fundamentals of the conflicting views on the situation,
and a chapter containing relevant United Nations
documents, together with extracts from the debates
leading up to the resolutions adopted by the Security
Council. The collection next covers specific problems
that have arisen in the UN context, such as the adoption
and implementation of the sanctions system, and
concludes with the response of other international
organizations.
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Chapter on the United Kingdom in
Gowland-Debbas (ed) National Implementation of United Nations
Sanctions (Graduate Institute of International Studies, 2004)
581-604
This
work is a comparative study of domestic implementation of
Security Council mandatory sanctions taken under Article 41,
Chapter VII of the UN Charter, including the establishment
of the two international criminal tribunals, the ICTY and
ICTR, and recent resolutions on the combating of the
financing of terrorism. The book examines implementation in
16 select States in Europe, America, Asia, the Middle East
and Africa, underlining also the particular problems arising
from sanctions implementation by the European Union, by a
permanently neutral and former non-Member State -
Switzerland - and by States confronted with special economic
problems within the meaning of Article 50 of the UN Charter.
Three interrelated themes are addressed. The first, of a
theoretical nature, concerns the question of whether
implementation of Security Council resolutions, particularly
where perceived to be in fulfilment of community objectives,
poses problems which are in some way distinct from those
raised by the implementation of other conventional
international law obligations, thereby shedding a different
light on the traditional relationship between international
and municipal law. The second concerns the effectiveness of
the decisions of the Security Council viewed from the
perspective of the effective mise en œuvre of these
decisions in national law. The third theme concerns the
legitimacy of Security Council resolutions as seen from the
viewpoint of domestic legal systems, that is the extent to
which Security Council decisions encroach on internationally
or constitutionally protected individual rights and the
potential role played by domestic courts in reviewing the
decisions of the Security Council. The latter has assumed
particular importance in the framework of the combating of
the financing of terrorism.
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‘Command Responsibility and the
Hadzihasanovic decision’ 2 Journal of International Criminal
Justice (2004) 598-605.
‘State Responsibility for the
Decisions of National Courts’ in Fitzmaurice and Sarooshi (eds)
Issues of State Responsibility before International Judicial
Institutions (Hart, 2004) 55-74.
This
book contains papers presented at a high-level
conference that was jointly organized by the Institute
of Global Law, University College London and the
Institute of International Law, Queen Mary, University
of London. The chapters cover issues of State
Responsibility before the following international
judicial institutions: the International Court of
Justice, The International Tribunal for the Law of the
Sea, the World Trade Organization, United Nations
Compensation Commission, International Centre for the
Settlement of Investment Disputes, and International &
Regional Human Rights Courts.
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‘International law and the Pre-emptive
Use of Force: Afghanistan, Al-Qaida and Iraq,’ 4 San Diego
Journal of International Law (2003) pp. 7-37.
The question whether
international law permits the use of force not in
response to existing violence but to avert future
attacks has taken on added significance in the aftermath
of the events of September 11, 2001 and with the debate
about Iraqi weaponry. ... The exercise of the right of
self-defense is not subject to any requirement of prior
authorization by the U.N. Security Council; it is an
aspect of the sovereignty of the State (although subject
to the limitations imposed by international law, as will
be seen). Self-defense may be individual (in response to
an armed attack upon the State exercising the right) or
collective (where a State or group of States go to the
assistance of a State that is the victim of an armed
attack, even though they have not themselves been
attacked and are not directly threatened). ... Thirdly,
did the threat of armed attack from Al-Qaida justify
military action against Afghanistan? This is a more
difficult question for several reasons. ... Moreover,
several States made clear when the resolution was
adopted that there was no "automaticity" involved, so
that any violation by Iraq would have to be discussed by
the Council before any recourse to force. ...
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‘War, Terrorism and International Law’
Current Legal Problems, 2003 (Oxford), pp. 505-530.
‘The Use of Force against Iraq’
(Conference proceedings of 2003 RIIA Defence Conference).
‘Questions of Jurisdiction: NATO, its
Member States and the Kosovo Conflict’ (to be published in Bristol
University Comparative Law Conference Series).
‘Terrorism: The Proper Law and the
Proper Forum’ (to be published in US Naval War College
International Law Studies 2004).
‘The Law of Armed Conflict,’ chapter
in M. Evans (ed), International Law (Oxford 2003); (second
edition, 2006)
‘The Applicability of International
Humanitarian Law and the Law of Neutrality to the Kosovo Campaign’,
31 Israel Year Book on Human Rights (2001)
