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First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
This sixth edition has been completely revised and updated to take account of many new developments. It covers a variety of topics, from diplomatic immunity to human rights, and from recognition of government to war crimes. The author is particularly concerned with the relationship between international law and international politics, and he devotes special attention to such controversial topics as self-determination and the expropriation of foreign-owned property where the conflicting interests and attitudes of different states are most apparent.
This work brings together 28 essays specially written by international lawyers based in or associated with The Netherlands & Belgium to honour Professor Paul de Waart on his retirement from the Vrije Universiteit, Amsterdam. The experience & insight derived from his careers as journalist, foreign affairs officer, diplomat, pragmatic administrator & law professor have made him a distinguished scholar. His work has resulted in a host of academic publications on contemporary international law issues. The topics are clustered around the main foci of the research interests of Paul de Waart, including: international economic law & development, human rights, international criminal jurisdiction, the United Nations & peace & security, the protection of cultural property & the environment, & international dispute settlement. The international law communities in the Low Countries are linked through many bonds such as language (Dutch & Flemish), legal history, common teachers, & frequent inter-university contacts. As such the book may be viewed as a reflection of international law studies as they are currently practised in these two countries.
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal. Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile, as a prelude to determine jurisdiction. The said Italian doctrine therefore is ex facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem.
International Human Rights Law offers a thought-provoking consideration of the subject, from its philosophical foundations to contemporary challenges, with contributions from leading experts. Critical and detailed, it covers all elements of a traditional international human rights course and is suitable for use as a stand-alone textbook.