Dean of School of Law and Social Sciences, London South Bank University and expert in public international law, including, specifically, diplomatic and consular law and the law of international immunities.
In light of the considerable growth in persons having diplomatic status and the subsequent increa... more In light of the considerable growth in persons having diplomatic status and the subsequent increase in attacks on diplomatic personnel, this book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world. It focuses in particular on recent developments in international law relating to the prevention of terrorism and the development of international criminal law.
For nearly thirty-five years, the international legal community has relied on one ambitious yet h... more For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf.
Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites.
The disciplines of international law and international relations are inextricably linked. Both ar... more The disciplines of international law and international relations are inextricably linked. Both are concerned with the activities of states and with predicting how states behave and on what basis.For the international lawyer, however, the key concern is the role of the law. On the other hand, political scientists have traditionally regarded international law with skepticism, if not contempt. In recent years new approaches in both disciplines have seen moves towards greater interdisciplinary collaboration. Indeed, at the start of the twenty-first century, theorists from both disciplines are talking actively about the development of a dual agenda of international law and international relations. This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to illuminating them in the context of international relations. The first part of the book provides coverage of theoretical issues, addressing questions such as: How does international law work? How is international law made? and To whom does international law apply? The second part examines international law in context, focusing on the role of treaties and customary international law, the role of individuals in international law and the legal control of the use of force. It also uses case-study material including an examination of the Pinochet litigation.
Draws together many of the arguments for and against a reduction in diplomatic privileges and imm... more Draws together many of the arguments for and against a reduction in diplomatic privileges and immunities, to determine whether such privileges and immunities are a necessary evil. It focuses on the problem of abuse and gives an explanation of the rationale of diplomatic privileges and immunities.
The concept of responsibility to protect is the latest manifestation of a post-Cold War process o... more The concept of responsibility to protect is the latest manifestation of a post-Cold War process of liberal interventionism that includes failed States discourse, the development (and demise?) of humanitarian intervention and the introduction of the ‘new’ paradigm of responsibility to protect. Responsibility to protect has apparently reached the stage of implementation, but its use in Libya and Syria in 2011 and 2012 have left many questions unanswered. This chapter seeks to examine the genealogy of the concept and its failings in relation to both Libya and Syria with a view to encouraging its further development going forward.
For nearly thirty-five years, the international legal community has relied on one ambitious yet h... more For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book is also available online as an e-reference on the Oxford University Press Digital Reference Shelf. Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (an over 20% increase in content over the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites. Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as: * Legal terms as used in international law * Significant doctrines * Prominent cases, decisions and arbitration * Important incidents * Judicial and literary figures * Treaties and conventions * Organizations and institutions * Acronyms
WHILE lacking the raw excitement of the live "penalty shoot-out" that was the announcem... more WHILE lacking the raw excitement of the live "penalty shoot-out" that was the announcement of the decision of the House of Lords in Reg. v. Bow Street Magistrate, ex parte Pinochet,l the initial impression of the decision in Reg. v. Bow Street Magistrate, exparte Pinochet (No. ...
THE ARREST OF SENATOR AUGUSTO PINOCHET at a London hospital on 17 October 1998 and the on-going a... more THE ARREST OF SENATOR AUGUSTO PINOCHET at a London hospital on 17 October 1998 and the on-going attempts to extradite him to Spain to face charges there of torture, hostage-taking, and murder have been the subject of great interest and no small amount of debate among international lawyers, human rights activists, and politicians around the world. The case against Pinochet is unprecedented in the United Kingdom not least because it was heard by the Judicial Committee of the House of Lords, the highest court of appeal in criminal matters in the United Kingdom, on two separate occasions.1 More generally, the case represents the first serious attempt anywhere in the world to bring to justice a former head of state for offenses allegedly committed in the country of which he was the head of state. The decision of the House of Lords that Pinochet should be extradited to Spain to stand trial has been seized upon by many as a great step forward in the development of international human rights and international law in general. Certainly, the case will stand as a deterrent for former heads of state who have committed acts, such as those allegedly committed by Pinochet, from visiting the United Kingdom. Beyond that, however, the implications of this ruling may be more limited. In particular, in its most recent decision, the House of Lords reduced fundamentally the charges on which Pinochet would be allowed to stand trial in Spain. Furthermore, as the ruling serves as a legal precedent only in the United Kingdom, its implications for international human rights and international law may be limited.
This chapter will begin with a brief description and personal analysis of the history of internat... more This chapter will begin with a brief description and personal analysis of the history of international law teaching at the University of Glasgow. It will then turn to consider the growing maturity and complexity of international law, before introducing the fragmentations debate. Drawing on my own teaching and research in the field of international immunities from jurisdiction, the chapter will then consider one of the most controversial examples of the fragmentation debate, that is, the conflict between State immunity and human rights, particularly as exemplified in the recent decision of the International Court of Justice in Jurisdictional Immunities of States (Germany v Italy). Having highlighted the problems inherent in the process of fragmentation, the final section of the chapter will be argue that teachers of international law have a central role to play in avoiding further fragmentation of international law.
Part One: Substantive International Criminal Law. Laws of War. Crimes Against Humanity. Terrorism... more Part One: Substantive International Criminal Law. Laws of War. Crimes Against Humanity. Terrorism. Miscellaneous Crimes Part Two: Procedural International Criminal Law. Tribunals. Extradition. Mutual Assistance. Miscellaneous
One of the most controversial areas of contemporary international law is the interface between im... more One of the most controversial areas of contemporary international law is the interface between immunities and human rights. International immunities have been successfully challenged on human rights grounds in certain jurisdictions. However, to date, no international court tribunal has endorsed such challenges. In its judgment in Germany v. Italy the International Court of Justice re-asserted the conservative approach to the relationship between State immunity and human rights, which rejects the claim that State immunity is “trumped” by hierarchically superior human rights norms. This article examines the Court’s reasoning, before turning to consider the alternative vision of the interface between State immunity and human rights presented by Judge Cinçado Trindade. While persuasive, Trindade’s analysis must ultimately be rejected. The overtly positivist and formalistic approach of the Court, which is itself open to criticism, was, nevertheless, necessitated by the failure of States ...
In light of the considerable growth in persons having diplomatic status and the subsequent increa... more In light of the considerable growth in persons having diplomatic status and the subsequent increase in attacks on diplomatic personnel, this book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world. It focuses in particular on recent developments in international law relating to the prevention of terrorism and the development of international criminal law.
For nearly thirty-five years, the international legal community has relied on one ambitious yet h... more For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf.
Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites.
The disciplines of international law and international relations are inextricably linked. Both ar... more The disciplines of international law and international relations are inextricably linked. Both are concerned with the activities of states and with predicting how states behave and on what basis.For the international lawyer, however, the key concern is the role of the law. On the other hand, political scientists have traditionally regarded international law with skepticism, if not contempt. In recent years new approaches in both disciplines have seen moves towards greater interdisciplinary collaboration. Indeed, at the start of the twenty-first century, theorists from both disciplines are talking actively about the development of a dual agenda of international law and international relations. This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to illuminating them in the context of international relations. The first part of the book provides coverage of theoretical issues, addressing questions such as: How does international law work? How is international law made? and To whom does international law apply? The second part examines international law in context, focusing on the role of treaties and customary international law, the role of individuals in international law and the legal control of the use of force. It also uses case-study material including an examination of the Pinochet litigation.
Draws together many of the arguments for and against a reduction in diplomatic privileges and imm... more Draws together many of the arguments for and against a reduction in diplomatic privileges and immunities, to determine whether such privileges and immunities are a necessary evil. It focuses on the problem of abuse and gives an explanation of the rationale of diplomatic privileges and immunities.
The concept of responsibility to protect is the latest manifestation of a post-Cold War process o... more The concept of responsibility to protect is the latest manifestation of a post-Cold War process of liberal interventionism that includes failed States discourse, the development (and demise?) of humanitarian intervention and the introduction of the ‘new’ paradigm of responsibility to protect. Responsibility to protect has apparently reached the stage of implementation, but its use in Libya and Syria in 2011 and 2012 have left many questions unanswered. This chapter seeks to examine the genealogy of the concept and its failings in relation to both Libya and Syria with a view to encouraging its further development going forward.
For nearly thirty-five years, the international legal community has relied on one ambitious yet h... more For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book is also available online as an e-reference on the Oxford University Press Digital Reference Shelf. Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (an over 20% increase in content over the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites. Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as: * Legal terms as used in international law * Significant doctrines * Prominent cases, decisions and arbitration * Important incidents * Judicial and literary figures * Treaties and conventions * Organizations and institutions * Acronyms
WHILE lacking the raw excitement of the live "penalty shoot-out" that was the announcem... more WHILE lacking the raw excitement of the live "penalty shoot-out" that was the announcement of the decision of the House of Lords in Reg. v. Bow Street Magistrate, ex parte Pinochet,l the initial impression of the decision in Reg. v. Bow Street Magistrate, exparte Pinochet (No. ...
THE ARREST OF SENATOR AUGUSTO PINOCHET at a London hospital on 17 October 1998 and the on-going a... more THE ARREST OF SENATOR AUGUSTO PINOCHET at a London hospital on 17 October 1998 and the on-going attempts to extradite him to Spain to face charges there of torture, hostage-taking, and murder have been the subject of great interest and no small amount of debate among international lawyers, human rights activists, and politicians around the world. The case against Pinochet is unprecedented in the United Kingdom not least because it was heard by the Judicial Committee of the House of Lords, the highest court of appeal in criminal matters in the United Kingdom, on two separate occasions.1 More generally, the case represents the first serious attempt anywhere in the world to bring to justice a former head of state for offenses allegedly committed in the country of which he was the head of state. The decision of the House of Lords that Pinochet should be extradited to Spain to stand trial has been seized upon by many as a great step forward in the development of international human rights and international law in general. Certainly, the case will stand as a deterrent for former heads of state who have committed acts, such as those allegedly committed by Pinochet, from visiting the United Kingdom. Beyond that, however, the implications of this ruling may be more limited. In particular, in its most recent decision, the House of Lords reduced fundamentally the charges on which Pinochet would be allowed to stand trial in Spain. Furthermore, as the ruling serves as a legal precedent only in the United Kingdom, its implications for international human rights and international law may be limited.
This chapter will begin with a brief description and personal analysis of the history of internat... more This chapter will begin with a brief description and personal analysis of the history of international law teaching at the University of Glasgow. It will then turn to consider the growing maturity and complexity of international law, before introducing the fragmentations debate. Drawing on my own teaching and research in the field of international immunities from jurisdiction, the chapter will then consider one of the most controversial examples of the fragmentation debate, that is, the conflict between State immunity and human rights, particularly as exemplified in the recent decision of the International Court of Justice in Jurisdictional Immunities of States (Germany v Italy). Having highlighted the problems inherent in the process of fragmentation, the final section of the chapter will be argue that teachers of international law have a central role to play in avoiding further fragmentation of international law.
Part One: Substantive International Criminal Law. Laws of War. Crimes Against Humanity. Terrorism... more Part One: Substantive International Criminal Law. Laws of War. Crimes Against Humanity. Terrorism. Miscellaneous Crimes Part Two: Procedural International Criminal Law. Tribunals. Extradition. Mutual Assistance. Miscellaneous
One of the most controversial areas of contemporary international law is the interface between im... more One of the most controversial areas of contemporary international law is the interface between immunities and human rights. International immunities have been successfully challenged on human rights grounds in certain jurisdictions. However, to date, no international court tribunal has endorsed such challenges. In its judgment in Germany v. Italy the International Court of Justice re-asserted the conservative approach to the relationship between State immunity and human rights, which rejects the claim that State immunity is “trumped” by hierarchically superior human rights norms. This article examines the Court’s reasoning, before turning to consider the alternative vision of the interface between State immunity and human rights presented by Judge Cinçado Trindade. While persuasive, Trindade’s analysis must ultimately be rejected. The overtly positivist and formalistic approach of the Court, which is itself open to criticism, was, nevertheless, necessitated by the failure of States ...
This article examines Raoul Wallenberg’s work as a diplomat in Budapest between June 1944 and Jan... more This article examines Raoul Wallenberg’s work as a diplomat in Budapest between June 1944 and January 1945. It suggests that Wallenberg’s legacy was initially very limited as a result of the state-centric approach to the codification of diplomatic law in the Vienna Convention on Diplomatic Relations 1961. Nevertheless, it is argued that the emergence of the so-called “new” diplomacy, coupled with the developing notion of “responsibility to protect” in the face of gross violations of human rights, such as those faced by Wallenberg, have opened up the possibility for diplomats to engage in the process of protecting civilian populations in times of internal strife
1. Gabčíkovo-Nagymaros Project (Hungary/Slovakia)On 2 July 1993, in pursuance of a Special Agreem... more 1. Gabčíkovo-Nagymaros Project (Hungary/Slovakia)On 2 July 1993, in pursuance of a Special Agreement of 7 April 1993, Hungary and Slovakia requested the Court to determine certain issues arising out of the implementation and termination of a 1977 Agreement on the construction and operation of the Gabčíkovo-Nagymaros barrage system. In its judgment of 25 September 199790the Court found both States to be in breach of their obligations and called on them to negotiate a settlement in good faith.91On 3 September 1998 Slovakia filed a request for an additional judgment, arguing that Hungary was unwilling to implement the judgment92and it was subsequently agreed that Hungary would file a written statement of its position regarding this request by 7 December 1998.932. Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo) Guinea instituted proceedings against the Democratic Republic of Congo on 28 December 1998 alleging grave breaches of international law perpetrated upon a national of Guinea. By an order of 25 November 199994the following time limits were set for the submission of written pleadings: Republic of Guinea, memorial, 11 September 2000; Democratic Republic of the Congo, counter-memorial, 11 September 2001. By an order of 8 September 200095these were extended to: Republic of Guinea, memorial, 23 March 2001; Democratic Republic of the Congo, counter-memorial, 4 October 2002. On 3 October 2002 the Democratic Republic of the Congo filed preliminary objections to the admissibility of the Application and in an order of 7 November 200296the Court fixed 7 July 2003 as the time limit for submission of written observations by the Republic of Guinea. On 18 July 2006, the Court set 27 November 2006 as the date for the opening of public hearings on preliminary objections in relation to the case.97The public hearings concluded on 1 December 2006 at which time the Court commenced its deliberations.98The Court gave its decision in the case on 24 May 2007.99
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Books by Craig Barker
Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites.
Papers by Craig Barker
Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites.