Trousson, Raymond / Vercruysse, Jeroom (dir.), Dictionnaire general de Voltaire. (Champion classiques, references et dictionnaires 18) 1272 p. 2020:10 (Champion, FR) <670-9>
ISBN 978-2-38096-016-7 paper ¥7,064.- (税込) EUR 38.00

国際法における拷問の禁止の変容
Oette, Lutz, The Transformation of the Prohibition of Torture in International Law. 368 pp. 2024:5 (Oxford U. Pr., UK) <717-477>
ISBN 978-0-19-888562-7 hard ¥31,097.- (税込) GB￡ 110.00 *

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

国際法下の非国家武装集団による補償
Herman, Olivia, Reparations by Non-State Armed Groups under International Law: From Conflict to Repair in Colombia and Beyond. (Transitional Justice) 304 pp. 2024:6 (Routledge, UK) <717-611>
ISBN 978-1-032-51238-9 hard ¥38,164.- (税込) GB￡ 135.00 *

This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict.Most of today's armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups' duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia's experiences with reparations by armed groups in the context of transitional justice.This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.

国際機関の権限の委任
Ibrahim, Abdelbasset, La delegation de competences des organisations internationales. (Droit international) 360 p. 2023:12 (L'Harmattan, FR) <717-612>
ISBN 978-2-336-41394-5 paper ¥8,709.- (税込) EUR 37.00 *

国際法における義務の理論
Mik, Cezary, Theory of Obligations in International Law. (Routledge Research in International Law) 560 pp. 2024:5 (Routledge, UK) <717-613>
ISBN 978-1-032-28742-3 hard ¥60,780.- (税込) GB￡ 215.00 *

Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law - its creation, performance, application, compliance, and enforcement.

国際法と不干渉の原則
Roscini, Marco, International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles. 560 pp. 2024:6 (Oxford U. Pr., UK) <717-615>
ISBN 978-0-19-878689-4 hard ¥39,578.- (税込) GB￡ 140.00 *

The principle of non-intervention is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principlessolves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systemic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

欧州における国際法ハンドブック
van Aaken, Anne / d'Argent, P. / Maelksoo, L. et al. (eds.), The Oxford Handbook of International Law in Europe. 936 pp. 2024:8 (Oxford U. Pr., UK) <717-618>
ISBN 978-0-19-886531-5 hard ¥40,991.- (税込) GB￡ 145.00 *

This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.

科学、技術、政策、国際法
Varela, Justo Corti / Farah, Paolo Davide (eds.), Science, Technology, Policy and International Law. (Transnational Law and Governance) 368 pp. 2024:4 (Routledge, UK) <717-619>
ISBN 978-1-032-07021-6 hard ¥38,164.- (税込) GB￡ 135.00 *

This book presents innovative insights into the intersections between science, technology, and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions: concerns on how to integrate scientific evidence into trials, how to best regulate new technologies, or whether technological innovations could improve democratic legitimacy, create new regulatory tools or even new spaces of regulation, and what is the impact on the society. The edited collection, by building on a functionalist and comparatist approach, offers answers to how to best integrate law, science, and technology in policy-making and reviews the current attempts made at the transnational and international levels. Case studies, ranging from emerging technologies via environmental protection to statistics, are complemented by a solid theoretical framework, all of which seek to provide readers with tools for critical thinking in the reassessment of the relationship among theory, practice, political goals, and international regulation.

グローバルなサイバーセキュリティと国際法
Segura Serrano, Antonio (ed.), Global Cybersecurity and International Law. (Routledge Research in Information Technology and E-Commerce Law) 224 pp. 2024:5 (Routledge, UK) <717-410>
ISBN 978-1-032-38231-9 hard ¥38,164.- (税込) GB￡ 135.00 *

This book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.

国際人権と地方裁判所－インドネシアにおける人権の解釈
Tomte, Aksel / Riyadi, Eko (eds.), International Human Rights and Local Courts: Human Rights Interpretation in Indonesia. (Routledge Research in Human Rights Law) 224 pp. 2024:4 (Routledge, UK) <717-422>
ISBN 978-1-032-55595-9 hard ¥40,991.- (税込) GB￡ 145.00 *

This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries' role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.