VOLUME 54 NO. 5 INTERNATIONAL LEGAL MATERIALS

FEATURING:

787 Application of the Convention on the Prevention andPunishment of the Crime of Genocide (Croatia v. Serbia)(I.C.J.)Introductory Note by Larissa van den Herik

890 Request for an Advisory Opinion Submitted by theSub-Regional Fisheries Commission (SRFC) (ITLOS)Introductory Note by Maria Gavouneli

927 Southern Africa Litigation Centre v. Minister of Justice andConstitutional Development (N. Gauteng High Ct., Pretoria)Introductory Note by John Dugard

945 United Nations Security Council Resolution 2206 on TargetedSanctions in South SudanIntroductory Note by Laura Nyantung Beny

VOLUME 54 • NO. 5 • 2015

INTERNATIONAL LEGAL MATERIALS

The Annual Meeting

is a bit like an

overflowing buffet

table of international

law dishes. It brings

people from all over

the world, interesting

topics, and is truly

a defining event for

international law

aficionados.

Lucinda Low Partner, Steptoe & Johnson, LLP

Debate, Discussion, and Problem Solving

2223 Massachusetts Avenue, NW | Washington, DC 20008 | www.asil.org

Serving International Lawyers. Strengthening International Law.

ASIL 110TH ANNUAL MEETINGMARCH 31 – APRIL 2, 2016 WASHINGTON, DC

Save the Date!

With over a century of tradition and experience behind it, the American Society of International Law’s Annual Meeting has become the most important gathering in the field of international law.

More than 1,200 practitioners, academics, and students travel to Washington, DC, each spring from all over the world to debate and discuss the latest developments in their field.

Visit www.asil.org/annualmeeting to learn more. ASIL member discounts apply.

order online at cambridge.org/lawfollow us @CUP_Law

UK, EU, and Global Administrative LawFoundations and Challenges

Paul Craig

$99.99: Hardback: 978-1-107-12512-4: 844 pp.$39.99: Paperback: 978-1-107-56308-7

The International Law of the Sea

2nd Edition

Yoshifumi Tanaka


International Humanitarian Law

Emily Crawford and Alison Pert


An Introduction to International Organizations Law

Jan Klabbers


Fragile DemocraciesContested Power in the Era of Constitutional CourtsCambridge Studies in Election Law and Democracy

Samuel Issacharoff


Religious Hatred and International LawThe Prohibition of Incitement to Violence or Discrimination

Jeroen Temperman

$125.00: Hardback: 978-1-107-12417-2: 438 pp.

Borderless Wars Civil Military Disorder and Legal Uncertainty

Antonia Chayes


Radical Deprivation on TrialThe Impact of Judicial Activism on Socioeconomic Rights in the Global South

César Rodríguez-Garavito, Diana Rodríguez-Franco

$110.00: Hardback: 978-1-107-07888-8: 234 pp.

Why Love Leads to JusticeLove Across the Boundaries

David A. J. Richards


Confronting the Internet’s Dark Side Moral and Social Responsibility on the Free Highway

Raphael Cohen-Almagor


Raphael Cohen-almagoR

Moral and Social Responsibility on the

Free Highway

Confronting the internet’s

Dark siDe

“the dramatic growth of internet technologies is creating a new era in democratic life, a crisis for the established media, and possibilities for participatory politics that challenge liberal institutions. this book docu-ments today’s turning point with urgency and profound clarity. ithiel de sola Poole’s Technologies of Freedom has become a classic work defining the information society, with media technology as its axis. Confronting the Internet’s Dark Side is of that quality – a potential classic that defines for us moral responsibility in the new media age.” – Clifford Christians, research Professor of Communications, University of illinois

“Cohen-almagor recognizes that if social responsibility on the internet is to be implemented, discussions will need to focus on how and why one can draw limits on what one does on the internet, as well as what isPs and countries can do with the internet. not everyone will agree with the solutions proposed, but in light of the detailed stories concerning hate sites (toward groups or humanity in general), webcam viewing of actual suicides, the exponential growth of child pornography, and so forth, it is hard to fall back on knee-jerk first amendment responses.” – robert Cavalier, Department of Philosophy, Carnegie Mellon University

“in this book raphael Cohen-almagor makes a forceful case for greater social responsibility on the part of internet service providers and all who surf the Web. Calling on us to think and act like citizens of the online world, he insists that we have a moral obligation to confront those who abuse the technology by using it to disseminate hate propaganda and child pornography, or by engaging in cyber-bullying, or by aiding and abetting terrorism. fast-paced, philosophically sophisticated, and filled with illustrative and sometimes heart-wrenching examples, the book is intended to serve as a wake-up call and will challenge its readers to re-consider their views of free expression in the internet age.” – stephen L. newman, Department of Political science, York University

Raphael Cohen-almagoR is Professor and Chair in Politics at the University of hull, United kingdom.

Cover image: Data security. Courtesy of © barisonal / getty images.

Cover design by Holly Johnson

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BORDERLESS WARS

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Civil Military Disorder and Legal Uncertainty

ANTONIA CHAYES

CH

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In 2011, Nasser Al-Awlaki, a terrorist on the U.S. “kill list” in Yemen, was

targeted by the CIA. A week later, a military strike killed his son. The following

year, the U.S. Ambassador to Pakistan resigned, undermined by CIA-conducted

drone strikes of which he had no knowledge or control. The demands of

the new, borderless “gray area” conflict have cast civilians and military into

unaccustomed roles with inadequate legal underpinning. As the Department of

Homeland Security defends against cyber threats and civilian contractors work in

paramilitary roles abroad, the legal boundaries of war demand to be outlined.

In this book, former Under Secretary of the Air Force Antonia Chayes examines

these new “gray areas” in counterinsurgency, counter-terrorism, and cyber

warfare. Her innovative solutions for role definition and transparency will

establish new guidelines in a rapidly evolving military-legal environment.

ANTONIA CHAYES, former Under Secretary of the US Air Force, is Professor

of Practice of International Politics and Law at the Fletcher School of Law and

Diplomacy, Tufts University. Author of numerous articles, co-author of The New

Sovereignty, Chayes has served on several government Commissions and on the

Board of United Technologies Corporation. Married to the late Abram Chayes,

she is mother of Eve, Abigail, Lincoln, Sarah and Angelica with nine grandchildren.

No. 5/No. 22. 1950 (dated on reverse 1949). Oil

on canvas, 9’ 9” × 8’ 11 1/8” (297 × 272 cm). Gift

of the artist. © Kate Rothko Prizel & Christopher

Rothko / Artists Rights Society (ARS), New York.

Love Across the Boundaries

DAVID A. J. RICHARDS

WHY LOVE LEADS TO JUSTICEW

HY LOVE LEADS TO JUSTICERICHA

RDS

“Beautifully written and powerfully argued, Richards’s Why Love Leads to Justice provides us with a new and original way of thinking about love and justice. A tour de force.” – Drucilla Cornell, Professor of Political Science, Women’s and Gender Studies, and Comparative Literature, Rutgers University

“A fascinating account of the ways in which illicit love, both gay and straight, empow-ered a diverse group of seekers for justice in the nineteenth and twentieth centuries.” – Kwame Anthony Appiah, Professor of Philosophy and Law, New York University and author of The Ethics of Identity

“In this book, David Richards brings his signature erudition to bear on the relationship between law and love. Though I disagree with some of the instances raised, I kept thinking back to the work. It is a radiant manifesto for love as an ethical faculty.” – Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law

“This ground-breaking book opens up questions that any psychologist interested in ethical development will want to take seriously. By revealing love as a force that crosses the boundaries created by patriarchy, it invites a new way of thinking about what stands in the way of justice.” – Carol Gilligan, University Professor of Applied Psychology and the Humanities, New York University and author of In a Different Voice and The Birth of Pleasure

DAVID A. J. RICHARDS is Edwin D. Webb Professor of Law at New York University School of Law, where he teaches constitutional law and criminal law. He is the author of nineteen books, including recently The Deepening Darkness: Patriarchy, Resistance, and Democracy’s Future (with Carol Gilligan, 2009); Fundamentalism in American Religion and Law (2010); and The Rise of Gay Rights and the Fall of the British Empire (2013). He lives with his partner, Donald Levy, in New York City.

Cover image: James Baldwin addresses a congregation in a New Orleans church, 1963. © Steve Schapiro/Corbis

Cover design by Holly Johnson

Richards. 9781107569829 Cover. C M Y K

Jus Post Bellum and Transitional JusticeASIL Studies in International Legal Theory

Larry May and Elizabeth Edenberg

$34.99: Paperback: 978-1-107-54637-0: 348 pp.

Focus on: EU Law

EU Treaites and Legislation

Robert Schütze

$94.99: Paperback: 978-1-107-46127-7: 793 pp.

An Introduction to European Law

Robert Schütze


European Union Law

Robert Schütze

$130.00: Hardback: 978-1-107-07120-9: 1014 pp.

Constituting EuropeThe European Court of Human Rights in a National, European and Global Context

Andreas Føllesdal, Birgit Peters, Geir Ulfstein

$41.99: Paperback: 978-1-107-53637-1: 484 pp.

Cambridge Studies in Law and Society

Iraq and the Crimes of Aggressive WarThe Legal Cynicism of Criminal Militarism

John Hagan, Joshua Kaiser and Anna Hanson


The World of IndicatorsThe Making of Governmental Knowledge through Quantification

Edited by Richard Rottenburg, Sally Engle Merry, Sung-Joon Park and Johanna Mugler


Magna Carta, Religion and the Rule of Law

Robin Griffith-Jones and Mark Hill QC

$99.99: Hardback: 978-1-107-10019-0: 430 pp.

$39.99: Paperback: 978-1-107-49436-7

Prosecuting Maritime PiracyDomestic Solutions to International Crimes

Edited by Michael P. Scharf, Michael A. Newton and Milena Sterio


Reconstructing Atrocity Prevention

Sheri P. Rosenberg, Tibi Galis, Alex Zucker

$99.99: Hardback: 978-1-107-09496-3: 546 pp.

Detention in the ‘War on Terror’Can Human Rights Fight Back?

Fiona de Londras

$35.99: Paperback: 978-1-107-53815-3: 328 pp.

Jus Post Bellum andTransitional Justice

Edited by Larry May andElizabeth Edenberg

ASIL STUDIES IN INTERNATIONAL LEGAL THEORY

Cover design by Wendy Bedenbaugh

ASIL STUDIES IN INTERNATIONAL LEGAL THEORY

Series Editors: Mortimer N. S. Sellers and Elizabeth Andersen

This collection brings together jus post bellum and transitional justice theorists to

explore the legal and moral questions that arise at the end of war and in the transition to

less oppressive regimes. Transitional justice and jus post bellum share in common many

concepts that are explored in this volume. In both transitional justice and jus post

bellum, retribution is crucial. In some contexts, criminal trials will need to be held, and

in others truth commissions and other hybrid trials will be considered more appropri-

ate means for securing some form of retribution. But there is a difference between how

jus post bellum, where the key is securing peace, and transitional justice, where the key

is often greater democratization are conceptualized. This collection of essays highlights

the overlap but also the differences between these emerging bodies of scholarship and

incipient law.

Larry May is W. Alton Jones Professor of Philosophy and Professor of Law at Vanderbilt

University, as well as Professorial Fellow at the Centre for Applied Philosophy and Public

Ethics at Charles Sturt and Australian National Universities. He is the author of Crimes

Against Humanity: A Normative Account (2005), War Crimes and Just War (2007),

Aggression and Crimes Against Peace (2008), Genocide: A Normative Account (2010), and

Global Justice and Due Process (2010). He is also the editor of International Criminal Law

and Philosophy (2009) and Morality, Jus Post Bellum, and International Law (2013 with

Andrew Forcehimes).

Elizabeth Edenberg is currently working on her Ph.D. in philosophy at Vanderbilt

University. Her article, “Unequal Consenters and Political Illegitimacy,” co-authored

with Marilyn Friedman, is forthcoming in The Journal of Political Philosophy.

May/Eden

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MAGNA CARTA, RELIGION

and the

RULE OF LAW

EDITED BY

Robin Griffith-Jones Mark Hill QC


The World of IndicatorsThe Making of Governmental Knowledge

through Quantification Edited by

Richard Rottenburg, Sally E . Merry, Sung-Joon Park and Johanna Mugler

cambridge studies in law and society

Robert Schütze

EUROPEAN UNION LAW

Schütze EU

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Written with exceptional clarity, simplicity and precision, this short textbook provides a classic introduction to European law. Using a clear structural framework, it guides students through the subject’s core elements and key issues, from the creation and enforcement of European law to the workings of the internal market. Chapters are enriched with figures and tables to clarify difficult topics and illustrate relationships and processes, ensuring that students understand even the most complex of concepts. The second edition has been updated throughout, and includes an entirely new chapter on the internal market for goods. Two new practical appendices offer suggestions for further reading and guide readers through the process of finding and reading EU Court judgements. A companion website (accessible at www.schutze.eu) features full ‘Lisbonized’ versions of the cases cited in the text, links to EU legislation, downloadable figures and textbook updates.

ROBERT SCHÜTZE is Professor of European Law and Co-Director of the Global Policy Institute at Durham University.

‘Marked by the lucidity of expression,

dexterity of analysis and accessibility

of the first edition, this second edition

brings to life this field of EU law whilst

providing students with all the tools they

need to understand and enjoy this

complex and contested subject.’

Damian Chalmers, London School of

Economics and Political Science

‘This elegantly and intelligently written

book offers a meaningful introduction to

students without overwhelming them

with grand theories. It will also, as a

conceptually well-constructed short book,

offer their lecturers something with which

to enrich their teaching of EU law.’

Laurence Gormley, University of Groningen

Introduction

Part I. European Law – creation

1 Union institutions

2 Union legislation

3 Union competences

4 Fundamental rights

Part II. European Law – enforcement

5 Direct effect

6 (Legal) supremacy

7 National actions

8 European actions

Part III. European Law – substance

9 Internal market: Goods I

10 Internal market: Goods II

11 Internal market: Persons

12 Competition law: Cartels

Cover illustration: I love Europe by Simone Stecher.

COV E R DE S IGN E D BY ROB LOCK

Schütze AN INTRODUCTION TO

European LawRobert Schütze

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SchützeEU

Treaties and Leg

islation

EU Treaties and Legislation

Robert Schütze

CAMBRIDGE STATUTESHIGHLIGHTING KEY LEGISLATION

Principles of CybercrimeSECOND EDITION

Jonathan Clough


Cambridge International Trade and Economic Law

NEW IN PAPERBACK

Liberalizing International Trade after Doha Multilateral, Plurilateral, Regional, and Unilateral Initiatives

David A. Gantz

$39.99: Paperback: 978-1-107-47658-5: 400 pp.

The Social Foundations of World Trade Norms, Community and Constitution

Sungjoon Cho

$120.00: Hardback: 978-1-107-03661-1: 266 pp.

Interpreting WTO Agreements Problems and PerspectivesSECOND EDITION

Asif H. Qureshi

$130.00: Hardback: 978-1-107-04329-9: 476 pp.

International White Collar CrimeCases and MaterialsSECOND EDITION

Bruce Zagaris


Legal and Economic Principles of World Trade Law

Prepared for publication by American Law Institute, Edited by Henrik Horn and Petros C. MavroidisThe American Law Institute Reporters Studies on WTO Law

$42.99: Paperback: 978-1-107-45964-9: 380 pp.

WTO Accessions and Trade MultilateralismCase Studies and Lessons from the WTO at Twenty

Uri Dadush and Chiedu Osakwe


European Union Health LawThemes and Implications

Tamara K. Hervey, Jean V. McHale

$155.00: Hardback: 978-1-107-01049-9: 748 pp.

How Mass Atrocities EndStudies from Guatemala, Burundi, Indonesia, the Sudans, Bosnia-Herzegovina, and Iraq

Bridget Conley-Zilkic

$110.00: Hardback: 978-1-107-12437-0: 224 pp.

Revisiting the Origins of Human Rights

Pamela Slotte, Miia Halme-Tuomisaari $125.00: Hardback: 978-1-107-10764-9: 420 pp.


World Trade Organization

WTO Accessions and Trade MultilateralismCase Studies and Lessons from the WTO at Twenty

Edited by Uri Dadush and Chiedu Osakwe

What have WTO accessions contributed to the rules-based multilateral trading system? What demands have been made by original WTO members on acceding governments? How have the acceding governments fared? This volume of essays offers critical readings on how WTO accession negotiations have expanded the reach of the multilateral trading system not only geographically but also concep-tually, clarifying disciplines and pointing the way to their further strengthening in future negotiations. Members who have acceded since the WTO was established now account for 20 per cent of total WTO membership. In the age of globalization there is an increased need for a universal system of trade rules. Accession nego-tiations have been used by governments as an instrument for domestic reforms, and one lesson from the accession process is that there are contexts which lead multilateral trade negotiations to successful outcomes even in the complex and multi-polar 21st-century economic environment.

Uri Dadush is Senior Associate in the International Economics Program at the Carnegie Endowment for International Peace in Washington, DC. He is also President and Founder of Economic Policy International, LLC. He was formerly Director of Trade at the World Bank, a department he founded in the run-up to the WTO Doha Ministerial Conference.

Chiedu Osakwe is Director of the WTO Accessions Division, having acted as director of various divisions within the WTO Secretariat for many years.

Cover illustration: to follow

Cover design: Sue Watson

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Accessions and

Trade Multilateralism

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Given the brutality of mass atrocities, it is no wonder that one question dominates research and policy: what can we, who are not at risk, do to prevent such violence and hasten endings? But this question skips a more fundamental question for understanding the trajectory of violence: how do mass atrocities actually end?

This volume presents an analysis of the processes, decisions, and factors that help bring about the end of mass atrocities. It includes qualitatively rich case studies from Burundi, Guatemala, Indonesia, Sudan, Bosnia, and Iraq, drawing patterns from wide-ranging data. As such, it offers a much needed correction to the popular “salvation narrative” framing mass atrocity in terms of good and evil. The nuanced, multidisciplinary approach followed here represents not only an essential tool for scholars, but also an important step forward in improving civilian protection.

BR I DGET CON L EY-Z I L K IC is Research Director of World Peace Foundation, where she currently leads research on the How Mass Atrocities End project. She is also an Assistant Research Professor at The Fletcher School, Tufts University. Professor Conley-Zilkic has published multiple essays on mass atrocity prevention and response, and on the potential for museums to engage human rights issues. She received a Ph.D. in Comparative Literature from Binghamton University in 2001.

Cover photo: © Aron Mifsud Bonnici / Getty.

Conley-ZilkicHow

Mass Atrocities End

How Mass Atrocities EndStudies from Guatemala, Burundi, Indonesia, the Sudans, Bosnia-Herzegovina, and Iraq

Edited by Bridget Conley-Zilkic

International Environmental Law

Pierre-Marie Dupuy and Jorge E. Viñuales


An Introduction to International Arbitration

Ilias Bantekas


Drone Wars Transforming Conflict, Law, and Policy

Edited by Peter Bergen and Daniel Rothenberg


Human Rights in Armed Conflict Law, Practice, Policy

Gerd Oberleitner

$174.99: Hardback: 978-1-107-08754-5: 431 pp.

Counter-Terrorism Strategies in a Fragmented International Legal Order Meeting the Challenges

Edited by Larissa van den Herik and Nico Schrijver

$49.99: Paperback: 978-1-107-48010-0: 798 pp.

Fighting FairLegal Ethics for an Adversarial Age

Allan C. Hutchinson


Law and Context

Sentencing and Criminal JusticeSIXTH EDITION

Andrew Ashworth


Moffat’s Trusts LawText and Materials

Jonathan Garton


Value Added Tax A Comparative ApproachSECOND EDITION

Alan Schenk, Victor Thuronyi, and Wei CuiCambridge Tax Law Series


International Commercial LitigationText, Cases and Materials on Private International Law

Trevor Hartley


An Introduction to INTERNATIONAL

ARBITRATIONIlias Bantekas

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Law in Context

Moffat’s TRUSTS LAW

Moffat’s

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Text and Materials

JONATHAN GARTON

SIXTH EDITION

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Cover illustration: © Andrew Judd/Masterfile/Corbis

This latest edition of Moffat’s Trusts Law has been fully revised

and updated to cover recent statutory developments and explore

the impact of a wealth of new cases, including the Supreme Court

decisions in Pitt v Holt (2013), FHR European Ventures v Cedar

Capital Partners (2014) and Williams v Central Bank of Nigeria

(2014). It has been restructured to incorporate a new chapter on

the internationalisation of the trust which provides an understand-

ing of the new directions being taken in the areas of trust law and

equitable remedies. Supplementary material includes an online

chapter on occupational pension schemes. With suggestions for

further reading guiding the student to contemporary debates, this

leading textbook retains its hallmark combination of a contextu-

alised approach and a commercial focus and remains the serious

student’s textbook of choice.

JONATHAN GARTON is a Professor of Law at the University

of Warwick. He has written widely on the law of trusts, with a

particular focus on charities.

‘No other text comes close to providing such a range of useful

materials. A unique and valuable resource.’

Charlie Webb, London School of Economics

‘Clearly written and accessible, Moffat’s Trusts Law certainly helps

my students understand the complexities of trusts and equity.’

Andy Hayward, Durham University

‘For the reader who seeks not only to know the law but also to

understand it, this book is ideal: every page contains a pearl.’

Simon Cooper, Oxford Brookes University

M O F FAT ’ S T R U S T S L AW

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SENTENCING and CRIMINAL JUSTICE

SENTENCING and CRIMINAL JUSTICE

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Sixth Edition

Sixth Edition

Sixth Edition

ANDREW ASHWORTH

ASH

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Law in Context

Now in its sixth edition, Sentencing and Criminal Justice has been extensively rewritten to reflect recent legislation, guidelines and judicial decisions. New material includes comparative sentencing research, which looks at models from other countries in comparison with the approach in England and Wales, and an additional chapter focusing on civil preventive orders and other ancillary orders. Written with clarity of expression coupled with critical analysis, this textbook offers an unrivalled combination of expertise, accessibility and coverage. This is the essential text for anyone interested in criminal justice. A ND RE W A SHWO R T H is Vinerian Professor of English Law Emeritus, University of Oxford and Fellow of All Souls College, Oxford. He was a member of the Sentencing Advisory Panel for eleven years and Chairman from 2007 to 2010.

‘…a comfortingly authoritative guide through the minefield, asking (and answering) important questions, not only about the law, but also about priorities, principles and practice.’

Nicola Padfield, University of Cambridge

Cover image reproduced courtesy of Katherine Lubar / Getty Images.


InternatIonal envIronmental

law

Pierre-marie DupuyJorge e. viñuales

Dupuy andviñuales

InternatIonal envIronmental law

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The Transformation of Human Rights Fact-FindingEdited by PHILIP ALSTON and SARAH KNUCKEY2015 | 576 pp.

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U.S. Military OperationsLaw, Policy, and PracticeEdited by GEOFFREY S. CORN, RACHEL E. VANLANDINGHAM, SHANE R. REEVES, and Foreword by GENERAL STANLEY A. MCCHRYSTAL2015 | 880 pp.

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Italian Constitutional Justice in Global ContextVITTORIA BARSOTTI, PAOLO G. CAROZZA, MARTA CARTABIA, and ANDREA SIMONCINI2015 | 328 pp.

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The Sovereignty of Human RightsPATRICK MACKLEM2015 | 272 pp.

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Domestic Application of the ECHRCourts as Faithful TrusteesEIRIK BJORGEInternational Law in Domestic Legal Orders2015 | 288 pp.

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Redfern and Hunter on International ArbitrationSixth EditionNIGEL BLACKABY, CONSTANTINE PARTASIDES, ALAN REDFERN, and MARTIN HUNTER2015

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The Authority of International LawObedience, Respect, and RebuttalBAŞAK ÇALI2015 | 224 pp.

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Identifying the EnemyCivilian Participation in Armed ConflictEMILY CRAWFORD2015 | 288 pp.

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Blackstone’s International Law DocumentsEdited by MALCOLM EVANSBlackstone’s Statute Book Series2015 | 592 pp.

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The Oxford Handbook of Financial RegulationEdited by NIAMH MOLONEY, EILÍS FERRAN, and JENNIFER PAYNEOxford Handbooks in Law2015 | 816 pp

9780199687206 | Hardcover | $225.00

The European Convention on Human RightsA CommentaryWILLIAM A. SCHABASOxford Commentaries on International Law2015 | 1,440 pp.

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Transnational Commercial LawText, Cases, and MaterialsSecond EditionROY GOODE, HERBERT KRONKE, and EWAN MCKENDRICK2015 | 784 pp.

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Point TakenHow to Write Like the World’s Best JudgesROSS GUBERMAN2015 | 376 pp.

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International ArbitrationLaw and Practice in SwitzerlandGABRIELLE KAUFMANN-KOHLER and ANTONIO RIGOZZI2015 | 560 pp.

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The European Court of Justice and International CourtsTOBIAS LOCKInternational Courts and Tribunals Series2015 | 304 pp.

9780199660476 | Hardcover | $115.00

Managing Diversity through Non-Territorial AutonomyAssessing Advantages, Deficiencies, and RisksEdited by TOVE H. MALLOY, ALEXANDER OSIPOV, and BALÁZS VIZI2015 | 336 pp.

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The Paris Convention for the Protection of Industrial PropertyA CommentarySAM RICKETSON2015 | 992 pp.

9780199659524 | Hardcover | $450.00

International Anti-Corruption NormsTheir Creation and Influence on Domestic Legal SystemsCECILY ROSE2015 | 288 pp.

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The Global Community Yearbook of International Law and Jurisprudence 2014General Editor: GIULIANA ZICCARDI CAPALDOGlobal Community: Yearbook of International Law & Jurisprudence2015 | 1,120 pp.

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NEW TITLES IN INTERNATIONAL LAWOxford University Press

OXFORD JOURNALSLondon Review of International Law

Reflecting the pace and reach of developments in the field, the London Review seeks to capture the ways in which received ideas are being challenged and reshaped. Learn more about subscribing to this new journal in international law on the journal’s homepage: lril.oxfordjournals.org

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Domain Name Law and PracticeAn International HandbookSecond EditionEdited by TORSTEN BETTINGER and ALLEGRA WADDELL2016 | 1,680 pp.

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The Human Rights of Migrants in European LawCATHRYN COSTELLOOxford Studies in European Law2016 | 384 pp.

9780199644742 | Hardcover | $105.00

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From its inception, the collection, publication, and dissemination of important international legal materials has beenamong the primary functions of the American Society of International Law. These materials were originally pub-lished as a section of the American Journal of International Law, and for the past 50 years they have been producedas a freestanding publication. Throughout this period, International Legal Materials has filled a critical need bygiving scholars and practitioners access to primary source materials that were often difficult to find.

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Beginning in 2007, we have introduced all documents published in International Legal Materials with a pref-atory note by experts from among our membership. These notes provide summaries of the documents and offerinsight into their significance. In this volume, we feature notes by Larissa van den Herik, Maria Gavouneli, JohnDugard, and Laura Nyantung Beny. We are extremely grateful to these authors, and we are confident that you willfind their contributions of value.

We invite your comments and suggestions as we continue our efforts to meet the evolving needs of the internationallegal community.

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Statement of Editorial PolicyInternational Legal Materials is a core publication of The American Society of International Law that reproduces texts ofdocuments reflecting the broad scope and evolution of international law. The range of covered subjects has expanded fromtraditional topics such as international organizations, jurisdiction, and international trade to include developments in fields suchas intellectual property, environmental law, nuclear non-proliferation, human rights, and international criminal law.

International Legal Materials serves as both a bi-monthly information service and a widely recognized archive of internationallaw documents for a diverse, global community of legal scholars, government officials, private practitioners and institutionssharing a common interest in international law. To meet the varied demands of such a readership, documents are selected fromworld-wide sources on the basis of their present and future legal significance.

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Caitlin BehlesAttorney-Editor, International Legal MaterialsThe American Society of International Law2223 Massachusetts Avenue, NWWashington DC 20008-2864

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Filed October 2015, International Legal Materials (issuedsix times a year, every other month), Cadmus ProfessionalCommunications, 3575 Hempland Road, Lancaster, PA17601. Published by the American Society of Interna-tional Law, 2223 Massachusetts Avenue, NW, Washing-ton D.C. 20008-2864. Managing Editor: Caitlin Behles,American Society of International Law, 2223 Massachu-setts Avenue, NW, Washington D.C. 20008-2864. Owner,The American Society of International Law. Averagenumber of domestic and international copies per issue, last12 months: total printed, 730; mail subscriptions, 624;total paid circulation, 724; free distribution, 4; total dis-tribution, 728. For single issue nearest to filing date: totalprinted, 686; mail subscriptions, 580; total paid circula-tion, 680; free distribution, 0; total distribution, 680.

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v

Attorney-Editor

Caitlin Behles

Editorial Advisory Committee

Mark David Agrast, Chair

Roland Adjovi

Christiane Bourloyannis-Vrailas

Christina M. Cerna

Chiara Giorgetti

Jonathan Hafetz

Keith Loken

Nancy L. Perkins

David J. Sullivan

Allyn Taylor

Lewis Yelin

Bruce Zagaris

Nassib G. Ziadé

Members Emeriti

John Lawrence Hargrove

ILM Corresponding Editors

Philip C. Aka (Int’l Hum. Rts. L.)

Don Anton (Int’l Env. L., LOS)

Valentina Azarov (Int’l Humanitarian L.)

Paolo Bargiacchi (EU)

Lisl Andrea Brunner (Int’l Hum. Rts. L.)

Gian Luca Burci (Int’l Health L.)

Kathleen Claussen (Pub. Int’l L., Int’l Arb.)

Richard I. Fine (Int’l L., Anti-Corruption)

Maria Gavouneli (LOS)

Thomas D. Grant (Pub. Int’l L.)

Kevin R. Gray (Int’l Trade, Int’l Env. L.)

Ryan Harrington (Int’l L. in U.S. Cts.)

Eckhard Hellbeck (Int’l Disp. Res., Pub. Int’l L.)

Jean-Marie Henckaerts (Int’l Humanitarian L.)

Maria Angela Jardim de Santa Cruz Oliveira (Brazil)

Scott T. Johnson (Int’l Crim. L., Extradition)

Jorge Kamine (Int’l Inv. and Fin.)

Nathaniel Khng (Int’l Inv. Arb.)

Theodore P. Kill (Int’l Disp. Res.)

Kenneth Klein (Int’l Tax’n)

Riikka Koskenmaki (Pub. Int’l L., Int’l Orgs.)

Artur Kozlowski (Pub. Int’l L.)

Yaraslau Kryvoi (Int’l Arb., Russia)

Vicheka Lay (Int’l Inv.)

Ben Love (Pub. Int’l L., Int’l Arb.)

Julie B. Martin (Int’l Crim. L., Int’l Hum. Rts. L.)

Hilly Moodrick-Even Khen (Int’l Humanitarian L., Int’l Hum. Rts. L.)

Jason Morgan-Foster (ICJ, Int’l Hum. Rts. L.)

Boldizsar Nagy (Int’l Refugee L.)

Marko S. Novakovic (Int’l Admin. L.)

Erin Louise Palmer (Int’l Hum. Rts. L.)

Jason Scott Palmer (Int’l Litig., Int’l Arb.)

John R. Pate (Latin Am. Orgs.)

Rafael A. Porrata-Doria (EU, Int’l Com. L.)

Heiko Recktenwald (Int’l Humanitarian L.)

Gustavo Ribeiro (Int’l Econ. L.)

Christopher M. Ryan (Int’l Arb., Int’l Inv. L.)

Jeremy K. Sharpe (Int’l. Disp. Res., Pub. Int’l L.)

William Slomanson (Pub. Int’l L.)

Frederic G. Sourgens (Int’l Disp. Resol.)

Elizabeth Stubbins Bates (Int’l Humanitarian L., Int’l Hum. Rts. L.)

Tom Syring (Int’l Humanitarian L., Int’l Refugee L.)

Patricia Cassar Torregiani (LOS, Maritime Sec.)

Anatoly Vlasov (Int’l Crim. L., Int’l Hum. Rts. L.)

Rebecca M. Wallace (Int’l Hum. Rts. L., Int’l Refugee L.)

Todd Weiler (Int’l Econ. L., Int’l Arb.)

Simon N.M. Young (Int’l Hum. Rts. L.)

vi

INTERNATIONAL LEGAL MATERIALSVolume 54 — No. 5 — 2015

— Contents —

Application of the Convention on the Prevention and Punishment of the Crime of Genocide(Croatia v. Serbia) (I.C.J.)

Introductory Note by Larissa van den Herik..................................................................................... 787

Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission(SRFC) (ITLOS)

Introductory Note by Maria Gavouneli............................................................................................. 890

Southern Africa Litigation Centre v. Minister of Justice and Constitutional Development(N. Gauteng High Ct., Pretoria)

Introductory Note by John Dugard ................................................................................................... 927

United Nations Security Council Resolution 2206 on Targeted Sanctions in South SudanIntroductory Note by Laura Nyantung Beny .................................................................................... 945

BRIEFLY NOTED ........................................................................................................................... 955

UNITED NATIONS SECURITY COUNCIL RESOLUTIONS ............................................... 958

VOLUME 54 — NUMBER 5

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VOLUME 54 NO. 5 INTERNATIONAL LEGAL MATERIALS

Documents

Transcript of VOLUME 54 NO. 5 INTERNATIONAL LEGAL MATERIALS