International law Books

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Book SynopsisHave we gone too far in enacting laws, promulgating regulations and announcing policies that threaten freedom of association, either now or in waiting' for the future?Regulation of the Voluntary Sector focuses on the legal and political environment for civil society in an era in which counter-terrorism policy and law have challenged civil society and civil liberties in a number of countries. The ways in which counter-terrorism law and policy affect civil society can and do differ dramatically by country and region. Through the lens of developments since September 11th, Mark Sidel provides the first comparative analysis of state responses to voluntary sector activity.  Comparing the situations in the UK and the US, as well as in Australia, Canada, India and within the European Union, he surveys the increasing efforts to delimit and restrict voluntary sector activities such as fundraising and grant-making as well as opposition to them. Table of ContentsIntroduction 1. The United States 2. The United Kingdom 3. Canada 4. India 5. The European Union 6. Initiatives in Response: The Montreux Initiative, Humanitarian Forum, and Other Steps. Conclusion

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Book SynopsisThis book examines recent attempts at reform within the United Nations in the wake of the institutional crisis provoked by the invasion of Iraq. It contends that efforts at reform have foundered owing to fundamental and bitter political disagreements between the nations of the global North and South. Following profound discord in the Security Council in the lead up to the US-led invasion of Iraq in 2003, this book considers the ambitious programme of reform instigated by then serving UN Secretary-General Kofi Annan. The author of this highly topical work, Spencer Zifcak, subjects six of Annanâs principal proposals for reform to scrutiny: the reform of the Security Council, the General Assembly, and the Human Rights Council, and suggested alterations to international law with respect to the use of force in international affairs, the âresponsibility to protectâ, and UN strategies to counter global terrorism. On the basis of these detailed case-studies, the book demonstrates why so few proposals for reform were eventually adopted. It argues that the principal reason for this failure was that nations of the North and South could not agree as to the merits of the reforms proposed, exposing the sharply differing visions held by member states for a future and improved United Nations. Founded upon extensive interviews with diplomats at the United Nations, the book provides a rare âinsiderâ account of UN politics and practice. It will be of vital interest to students, scholars and practitioners of International Relations, International Law, and International Institutions.Table of Contents1. The Grand Vision 2. The Security Council 3. The General Assembly 4. The Human Rights Council 5. The Use of Force in International Affairs 6. The Responsibility to Protect 7. Counter-Terrorism Strategy 8. Explaining What Happened 9. The UN’s North-South Divide 10. Epilogue

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Book SynopsisThis is the first book to examine individual rights from an economic perspective, collecting together leading articles in this emerging area of interest and showing the vibrant and expanding scholarship that relates them. Areas covered include The implications of constitutional protections of individual rights and freedoms, including freedom of speech and of the press, The right to bear arms, The right against unreasonable searches, The right against self-incrimination, The right to trial by jury, The right against cruel and unusual punishment, including capital punishment. The focus of these papers is both theoretical and empirical, examining how economics can illuminate the entire sequence of crime and punishment, from the decision to commit a crime, to police methods for apprehending and arresting criminals, to the rules used in trials to the scope of punishment for the convicted.Table of Contents1. Introduction Hugo M. Mialon and Paul H.Rubin 2. The Economics of the First Amendment: The Market for Goods and the Market for Ideas R.H. Coase 3. An Economic Analysis of the Law of False Advertising Ellen R. Jordan and Paul H. Rubin 4. Freedom of Speech vs. Efficient Regulation in Markets for Ideas Albert Breton and Ronald Wintrobe 5. A Free Press is Bad News for Corruption Aymo Brunetti and Beatrice Weder 6. The Market for News Sendhil Mullainathan and Andrei Shleifer 7. The Impact of Gun Laws: A Model of Crime and Self Defence Hugo M. Mialon and Thomas Wiseman 8. Crime, Deterrence and Right-to-Carry Concealed Handguns John R. Lott and David B. Mustard 9. The Effect of Concealed Handgun Laws on Crime: Beyond the Dummy Variables Hashem Dezhbakhsh and Paul H. Rubin 10. Effects of Criminal Procedure on Crime Rates: Mapping out the Consequences of the Exclusionary Rule Raymond A. Atkins and Paul H. Rubin 11. An Economic Theory of the Fifth Amendment Hugo M. Mialon 12. The Effects of a Right to Silence Daniel J. Seidmann 13. Noisy Juries and the Choice of Trial Mode in a Sequential Signalling Game: Theory and Evidence Gerald D. Gay, Martin F. Grace, Jayant R. Kale and Thomas H. Noe 14. Runaway Judges?: Selection Effects and the Jury Eric Helland and Alexander Tabarrok 15. Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime, James Andreoni 16. The Deterrent Effect of Capital Punishment: A Question of Life and Death Isaac Ehrlich 17. Does Capital Punishment Have a Deterrent Effect?: New Evidence form Postmoratorium Panel Data Hashem Dezhbakhsh, Paul H. Rubin and Joanna M. Shepherd

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Book SynopsisWhat is international law? And what is international justice? This book shows that studying these questions together is essential. It helps students develop an understanding of international law and the importance of socio-economic and political factors in shaping its formulation, present development and operations.Table of Contents1. Sources of International Law; 2. International Persons; 3. United Nations and International Law; 4. The European Union and International Law; 5. Protection of Human Rights and International Law; 6. Diplomatic Communications; 7. The Use of Force and Security; 8. Non-Military Sanctions; 9. Challenges to International Law in the 21st Century.

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Book SynopsisWhat is international law? And what is international justice? This book shows that studying these questions together is essential. It helps students develop an understanding of international law and the importance of socio-economic and political factors in shaping its formulation, present development and operations.Table of Contents1. Sources of International Law; 2. International Persons; 3. United Nations and International Law; 4. The European Union and International Law; 5. Protection of Human Rights and International Law; 6. Diplomatic Communications; 7. The Use of Force and Security; 8. Non-Military Sanctions; 9. Challenges to International Law in the 21st Century.

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Book SynopsisA fundamental challenge to the foundations of the discipline of international law, this book offers an internal critique of the discipline of international law whilst showing the necessary place for philosophy within this subject area.Table of ContentsIntroduction: What Place for Doctrine in a Time of Fragmentation?; 1. Continuing Uncertainty in the Mainstream; 2. Towards a New Theory of Personality in International Law; 3. The Existence of States and the Use of Force; 4. International Economic/Financial Law Index.

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Book SynopsisPresident George W. Bush maintained in his address of 20 September 2001, that the successful prosecution of the war against terrorism will require the judicious use of ''every resource at our command - every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war''. Unlike the Cold War, the War on Terrorism is neither a battle against some ideology nor bounded by physical boundaries or conventional political units such as nation-states. The War on Terrorism is the internationalisation, or rather, globalisation of previous wars. Terror is not a nation, and the enemies in such wars are not nations; any regime such as Libya simply by repudiating terrorism, can become an ally of the anti-terror coalition. Regimes that continue to practice terrorism against domestic opponents qualify to participate in the wider war if they conform to certain norms in external affairs. The 28 articles reprinted here conTrade Review’...[volumes in] The International Library of Essays in Terrorism series published by Ashgate are really superb sources of high quality academic research and provide an invaluable resource for those who may not have time to search for such articles nor have access to the variety of journals within which they are published...essential reading.’ Professional Security '..the strength of the two volumes [The International Library of Essays in Terrorism] lies in the easy access they provide to contributions on a very topical mattter, and, as such, they comprise a handy and useful starting point for both researchers and students.' Journal of Peace Research 'The compilation of articles by the author, on various facets of terrorism provide a wealth of knowledge and pertinent literature on the subject and the related aspect of legal framework, weapons of mass destruction and economic warfare. An excellent addition for the study of war on terrorism.' -Liutenant General Chandra Shekhar, PVSM, AVSM (Retd), U.S.I. Journal, July-September 2006Table of ContentsContents; Implications of the American anti-terrorism coalition for global architectures, Amitai Etzioni; Counter-terrorism via counter-proliferation, James J. Wirtz; The struggle against terrorism: grand strategy, strategy, and tactics, Barry R. Posen; An examination of the American response to terrorism: handling the aftermath through crisis intervention, Sophia F. Dziegielewski and Kristy Sumner; Unravelling the 'war' on terrorism: a risk-management exercise in war clothing? Yee-Kuang Heng; The response to terrorism as a threat to liberal democracy, Peter Chalk ; Terrorism and governability in New York City: old problem, new dilemma, Paul Kantor; Dying for 'enduring freedom': accepting responsibility for civilian casualties in the war against terrorism, Nicholas J. Wheeler; Situating the city and September 11th: military urban doctrine, 'pop-up' armies and spatial chess, Robert Warren; Issues of federalism in response to terrorism, John Kincaid and Richard L. Cole; Political geography II: terrorism, modernity, governance and governmentality, Colin Flint; 'Counterterrorism' and conventional military force: the relationship between political effect and utility, Charles T. Eppright; The use of armed force against terrorism: American hegemony or impotence? Walter Gary Sharp Sr; Pragmatic counter-terrorism, Jonathan Stevenson; American grand strategy in the age of terror, G. John Ikenberry; Democratic regimes, internal security policy and the threat of terrorism, Fernando Reinares; The discourse and practice of counter-terrorism in liberal democracies, Ronald D. Crelinsten; Spectres of 'terrorism', Saree Makdisi; Organizing the war on terrorism, William L. Waugh Jr and Richard T. Sylves; Government responses to terrorism: critical views of their impacts on people and public administration, M. Shamul Haque; Perspectives on privacy and terrorism: all is not lost - yet, Robert Gellman; The coming war on terrorism, Lawrence Freedman; Finance warfare as a response to international terrorism, Martin S. Navias; How useful is the economic model of crime in assisting the war against terrorism?, Dorothy Manning; The therapeutic potential of narrative therapy in conflict transformation, Cathie J. Witty; The architecture of government in the face of terrorism, Ashton B. Carter; Military deterrence of international terrorism: an evaluation of Operation El Dorado Canyon, Henry W. Prunckun Jr and Philip B. Mohr; The effectiveness of antiterrorism policies: a vector-autoregression-intervention analysis, Walter Enders and Todd Sandler; Name index.

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Book SynopsisThe last few years have witnessed several significant developments in respect of international organizations, most of which are best encapsulated in the word change. In particular, international organizations have moved from their traditional role of facilitator of the activities of their members, to that of director of their own activities. As a result, there is increased scrutiny over issues relating to the governance, control, accountability and the privileges and immunities of international organizations. These subjects are all the focus of this book. Edward Kwakwa has collected together the best published work by leading authorities in the field on subjects of crucial importance and relevance to international organizations, particularly in the context of today's ever-increasing globalization. This book is of interest to scholars and students of law, as well as government and non-government practitioners and international civil servants.Table of ContentsContents: Introduction: Part I General and Conceptual Issues: International organizations: then and now, José E. Alvarez; The law of international organizations: a subject which needs exploration and analysis, C.F. Amerasinghe; International institutions today: an imperial global state in the making, B.S. Chimni. Part II Governance, Constitutional Reform and Accountability: Governance and accountability: the regional development banks, Enrique R. Carrasco, Wesley Carrington and HeeJin Lee; Representation and power in international organization: the operational constitution and its critics, Jacob Katz Cogan; Constitutionalism lite, Jan Klabbers; The Bustani case before the ILOAT: constitutionalism in disguise?, Jan Klabbers. Part III Privileges and Immunities: Privileges and immunities of United Nations officials, Anthony J. Miller; In the shadow of Waite and Kennedy: the jurisdictional immunity of international organizations, the individual's right of access to courts and administrative tribunals as alternative means of dispute settlement, August Reinisch and Ulf Andreas Weber. Part IV Norm-Making: Law-making through the operational activities of international organizations, Ian Johnstone; Some comments on rule-making at the World Intellectual Property Organization, Edward Kwakwa. Part V Development: The World Intellectual Property Organization and the development agenda, Christopher May; International trade for development: the WTO as a development institution?, Asif H. Qureshi; The WTO, global governance and development, Supachai Panitchpakdi; Name index.

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Book SynopsisInternational law has important effects in international relations, and the politics of international relations often determines the ability of states to make international law and to comply with international law. So, it is strange that the academic disciplines of international law and international politics have often used separate analytical tools, have often seen the world of international relations differently, and have often been concerned with different problems. This volume brings together the leading scholarly works seeking to define the relationship between the analytical tools of international law and international politics, and seeking to integrate these tools. This volume shows the ways in which these disciplines can be harnessed together to provide a more complete and effective analysis of international problems.Table of ContentsContents: Introduction; Part I Two Disciplines or One? Theory and Method: International organization: a state of the art on an art of the state, Friedrich Kratochwil and John Gerard Ruggie; Modern international relations theory: a prospectus for international lawyers, Kenneth W. Abbott; International relations and international law: 2 optics, Robert O. Keohane; International law and international relations: together, apart, together?, Stephen D. Krasner. Part II How, When and How Much Does International Law Affect State Behavior?: a) Realism: Positivism, functionalism, and international law, Hans J. Morgenthau; Is the good news about compliance good news about cooperation?, George W. Downs, David M. Rocke and Peter N. Barsoom; b) Rationalism: Political economy and international institutions, Duncan Snidal; The concept of legalization, Kenneth W. Abbott, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal; The customary international law game, George Norman and Joel P. Trachtman; c) Constructivism/Sociological Institutionalism: On compliance, Abram Chayes and Antonia Handler Chayes; The institutional dynamics of international political orders, James G. March and Johan P. Olsen; International norm dynamics and political change, Martha Finnemore and Kathryn Sikkink. Part III Under What Circumstances and in What Form Will Treaties be Made?: Bargaining, enforcement and international cooperation, James D. Fearon; A theory of full international cooperation, Scott Barrett; The laws of war, common conjectures and legal systems in international politics, James D. Morrow; The rational design of international institutions, Barbara Koremenos, Charles Lipson and Duncan Snidal. Part IV What is the Role of International Adjudication?: The European Court of Justice, national governments, and legal integration in the European Union, Geoffrey Garrett, R. Daniel Kelemen and Heiner Schulz; The politics of dispute settlement design: explaining legalism in regional trade pacts, James McCall Smith; Judicial lawmaking at the WTO: discursive, constitutional, and political constraints, Richard H. Steinberg. Part V How is Empirical Analysis Used?: International law and state behavior: commitment and compliance in international monetary affairs, Beth A. Simmons; Name index.

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Book SynopsisThe articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.Table of ContentsContents: Introduction; Part I Foundational Issues in Multi-Party Dispute Resolution: How is It Different?: Strategic barriers to dispute resolution: a comparison of bilateral and multilateral negotiations, Robert Mnookin; What we have learned about teaching multiparty negotiation, Lawrence Susskind, Robert Mnookin, Lukasz Rozdeiczer and Boyd Fuller; Sequencing to build coalitions: with whom should I talk first?, James K. Sebenius; Deliberative trouble? Why groups go to extremes, Cass R. Sunstein; Strategic uses of argument, Jon Elster. Part II Practice: Complex Dispute Processes and Decision-Making in Action: Multiparty negotiations, Leigh L. Thompson; Norms of deliberation: an inductive study, Jane Mansbridge, Janette Hartz-Karp, Matthew Amengual and John Gastil; Voting, Howard Raiffa; Proceeding to a constitution: a multi-party negotiation analysis of the Constitutional Convention of 1787, Dana Lansky; Mediating the war of olives and pines: consensus-based land-use planning in a multicultural setting, Hephzibah Levine; What is consensus?, Lawrence E. Susskind and Jeffrey L. Cruikshank; On the ethics of planning: what profiles of planners can teach us about practical judgment and moral improvisation, John Forester. Part III Deliberative Democracy and Consensus-Building Processes: The lawyer's role(s) in deliberative democracy, Carrie Menkel-Meadow; Mediating public disputes: obstacles and possibilities, Lawrence Susskind and Connie Ozawa; Managing meetings to build consensus, David A. Straus. Part IV Evaluations of Multi-Party Decision-Making and Deliberative Democracy: Implementing consensus-based agreements, William R. Potapchuck and Jarle Crocker; Regulatory negotiation and the legitimacy benefit, Jody Freeman and Laura I. Langbein; Scaling up deliberative democracy as dispute resolution in health care reform: a work in progress, Carrie Menkel-Meadow. Part V Coda: Coda; Name index.

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Book SynopsisThis volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cTable of ContentsContents: Introduction; Part I Formal Dispute Resolution Processes: Negotiation, Mediation, Arbitration, Adjudication: Public and private international dispute resolution, Andrea Kupfer Schneider; Correspondences and contradictions in international and domestic conflict resolution: lessons from general theory and varied contexts, Carrie Menkel-Meadow; Diplomacy and domestic politics: the logic of two-level games, Robert D. Putnam; Special barrier No 2: culture, Jeswald W. Salacuse; Two paths to peace: contrasting George Mitchell in Northern Ireland with Richard Holbrooke in Bosnia-Herzegovina, Daniel Curran, James K. Sebenius and Michael Watkins; The timing of peace initiatives: hurting stalemates and ripe moments, William Zartman; Cultivating peace: a practitioner's view of deadly conflict and negotiation, John Paul Lederach; Merchants of law as moral entrepreneurs: constructing international justice out of the competition for transnational business disputes, Yves Dezalay and Bryant Garth; Getting along: the evolution of dispute resolution regimes in international trade organizations, Andrea Kupfer Schneider. Part II New Processes: Institutions, Informal and Hybrid Dispute Processes: The problem-solving workshop in conflict resolution, Herbert C. Kelman; Adjudicating in anarchy: an expressive theory of international dispute resolution, Tom Ginsburg and Richard H. McAdams; Restorative justice: what is it and does it work?, Carrie Menkel-Meadow; Accountability for atrocities: moving forward by looking backward, Jane Stromseth, David Wippman and Rosa Brooks; From Nuremberg, John Hagan; Rwandan Gacaca: an experiment in transitional justice, Maya Goldstein Bolocan. Part III Issues in New Forms of International and Transnational Dispute Resolution: Current illusions and delusions about conflict management - in Africa and elsewhere, Laura Nader and Elisabetta Grande; Between dialogue and decree: international review of national courts, Robert B. Ahdieh; Truth, memory a

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Book SynopsisAcquaints legal and other professionals, students, and interested general readers, with the basic tenets of public international law. This title combines the features of both a brief encyclopedic dictionary, and a textbook in a language understandable to the lay person.Trade Review...a very useful work....provides a wealth of information about international law, including the assumptions and rationales on which it is based and the rules and principles that are used in interpreting and administering the law....useful for a wide readership. * s *Boczek (emeritus, Kent State) offers a commendable achievement and worthy successor in this heir apparent to his outdated The International Law Dictionary...This is an invaluable resource for law and academic libraries with international relations collections. Highly recommended. General readers, undergraduates, graduate students, faculty, professionals. * CHOICE *...a well-organized and thorough treatment of the burgeoning area of international law....Many libraries will find International Law to be an excellent addition to their collections. It is a natural choice for academic and law libraries as well as government and nonprofit libraries in agencies and organizations that deal with international issues. It may also fill an important need in public libraries, particularly with the heightened interest that citizens now have about international matters. * American Reference Books Annual *It provides an impressive array of scholarly entries on all basic tenets of Public International Law - thus combining the best features of both an encyclopedic dictionary and a textbook....This is a fabulous resource for students, scholars, and all legal professionals. * American Society of International Law *Boczek (Case Western Reserve University School of Law) combines the features of a brief encyclopedic dictionary and a textbook in this reference. In the first chapter he introduces general topics related to international law, including its sources and the relationship between international and national law. Subsequent chapters cover the law of peace as it governs states, individuals, spatial context and interaction. Boczek concludes with a chapter on the law of war as it is manifested in international humanitarian law. The volume contains a list of acronyms and abbreviations; a glossary of Latin phrases; a chronology of major developments in international law; a table of cases; and a list of the 373 entries. * Reference and Research Book News *Table of ContentsPart 1 Editor's Foreword Part 2 Introduction Part 3 List of Acronyms and Abbreviations Part 4 Glossary Part 5 Chronology Part 6 Table of Cases Part 7 List of Entries Chapter 8 I General Problems: Nature and Enforcement of International Law, Sources, Relationship between International and National Law Chapter 9 II International Legal Personality, States: Recognition, Jurisdiction, Responsibility, Succession Chapter 10 III Individuals, Human Rights Chapter 11 IV The Geophysical Context I: Land, Air, Outer SPace, International Environmental Law Chapter 12 V The Geophysical Context II: The Law of the Sea Chapter 13 VI The Law of Treaties Chapter 14 VII Peaceful Settlement of Disputes Chapter 15 VIII The Use of Force Chapter 16 IX International Human Law Part 17 Annex: Bibliography Part 18 About the Author

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Book SynopsisThis unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume.Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA''s National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-Trade ReviewThis book deals with the legal position of the shipmaster, but also with the future of this position. The current legal position of the shipmaster, as well as the impact of a changing world on the concept, coined as ‘new command at sea for the civil commander’ is a fascinating and not overly explored territory. John A. C. Cartner is exceptionally qualified to write about the present and new command at sea. He is a graduate of the U.S. Merchant Marine Academy at Kings Point, New York, U.S.A, and has commanded vessels conducting international trading. Moreover, he has magisterial degrees in finance and international law, while his doctoral training was in quantitative methods of research. He is a member of the District of Columbia Bar Association and of the Law Society of England and Wales. He has published widely about maritime issues.In July 2022 the book from Captain John A.C. Cartner was published. The name of this comprehensive book is: ‘Cartner on the International Law of the Shipmaster; on the New Command at Sea’. This book is the successor of the book ‘The International Law of the Shipmaster’ (2009) by John Cartner (et al).References to the well-known first edition are made in the new book, which comprises a wide-ranging review of maritime conventions, laws, regulations and jurisprudence governing the shipmaster on board his vessel. This book labels the legal duties of the shipmaster in an appropriate way. Although just released, this book will become a classic work in maritime and shipping law, worldwide.The book is a unique source of reference for the shipmaster by providing a legal background for the decisions he has to make. In addition, maritime lawyers, shipowners, ship operators, P&I Clubs, governmental departments and students may use this distinctive volume as a reliable and extensive handbook. In the first two chapters, Cartner uses and explains the term ‘civil commander’ as a substitute for the shipmaster of a vessel. He describes what a civil command is and must become, while he redefines modern civil command at sea and repositions it for the current and rapidly evolving technological times. The civil commander must be brought into the overall trade and transport system as a partial solution to some of the perplexing problems posed around the current maritime trade system. Two chapters of the book are written about the civil commander as a person and function, while eight chapters deal with duties of this function. The person of the shipmaster is described and explained as well. The shipmaster must be fit, self-competent and command-worthy according to Chapter 8 of the book.The book has some unique points of view, regarding the position of the shipmaster. The insights Cartner provides are very useful aids to the decision-making-process for the modern civil commander at sea. Some of these unique points are described here as an illustration.Cartner states that the civil commander at sea is a specific profession and discipline. He argues that current ships are not designed to be command-worthy or security-worthy and that management ashore should reorder its relationships with shipmasters as tactical managers afloat. Another interesting issue is that Cartner argues that command depends on decision-making, and that nowadays the shipmaster is not always provided with sufficient, timely, relevant, and pertinent information for his command decisions. The book comprises criminalisation of the shipmaster, but also maritime security such as piracy, refugees, stowaways and maritime law enforcement by navies and coastguards.The book proposes to use special developed computer models of precise voyage preplanning and control, with a plan developed by the management ashore supporting the shipmaster at sea for an exact record of every command decision planned and executed for the voyage.One may say that the position of the shipmaster, crossing so many overlapping jurisdictions with different precedence’s, maritime zones and national maritime legislations is one of the most complicated functions from a legal point of view. The book is a great help to analyse the varying legal positions of the shipmaster.The last chapter of the book considers the nearby future of the shipmaster, based upon technological changes. With the current technology the buzzwords are no longer command–communications–computing and cost but command–communications–computing–cost and cover; cover is defence of the vessel. Vessels can be designed with artificial intelligence features, while augmented intelligence may assist commanders in taking decisions. Thus, the civil commander, the command-worthy vessel, complete information and central mission planning and control can eliminate catastrophes and reduce the frequency of disastrous incidents, according to Cartner.This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law. The book describes the most relevant international maritime agreements and as most of the national maritime legislations of coastal and flag states originates from these agreements, the book can be used globally. Possessing this book may give some peace of mind knowing that almost all legal knowledge about the shipmaster has been made accessible by this book. Therefore, this complete, influential and trustworthy book can be recommended to all interested in the maritime realm, worldwide. A new classic maritime book has been born.Peter van der KruitThe NetherlandsTable of ContentsPrologue : The Civil Commander, Chapter 1 : THE DUTY OF SELF :Toward the Compleat Civil Commander at Sea, Chapter 2: THE DUTY TO PUBLIC AUTHORITY: The Regulatory Regime of Command at Sea, Chapter 3: THE DUTY TO PRIVATE AUTHORITY: The Private Tactical Mission in Command at Sea, Chapter 4: THE DUTY TO THE VESSEL: The Command-worthy Vessel and Commander at Sea, Chapter 5: THE DUTY TO CARGO: The Duty Safely to Carry and Contain, CHAPTER 6: DUTY TO LIFE, Chapter 7: DUTY TO THE VOYAGE: The Voyage is the Mission, Chapter 8: DUTY TO THE ENVIROMENTS: Air and Ocean, Inside and Out, Ch. 9: EPILOGUE: The Duty to Information and the Steps to Change

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Book SynopsisThe fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments.The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforceTrade Review‘This book provides students with a comprehensive and detailed understanding of all aspects of European Union law. It is clear and accessible and has incorporated the most recent changes to this fast-moving and challenging area of the law. It is a must read for all students of the subject.’ Damian Mather, Senior Lecturer, Manchester Law School. ‘European Union Law fills a niche in the market, having an accessible writing style at the same time as being explanatory, evaluative, thorough and up to date. An essential text facilitative of students’ engagement with, and understanding of, a relevant and evolving subject.’ Diane Ryland, Senior Lecturer, University of Lincoln. Table of Contents1. THE HISTORY OF EUROPEAN INTEGRATION 2. MEMBERSHIP OF THE EU 3. THE INSTITUTIONAL FRAMEWORK OF THE EU 4. SOURCES OF EU LAW 5. LEGISLATIVE PROCEDURES IN THE EU 6. COMPETENCES OF THE EU 7. THE COMMON FOREIGN AND SECURITY POLICY (CFSP): A COMPONENT OF EU FOREIGN ACTION 8. PROTECTION OF FUNDAMENTAL RIGHTS IN THE EU 9. SUPREMACY OF EU LAW 10. DIRECT EFFECT OF EU LAW 11. INDIRECT OR INTRPRETATIVE EFFCT OF EU LAW Indirect or Interpretative Effect of EU LAW 12. DIRECT APPLICABILITY OF EU LAW 13. THE PRINCIPLE OF STATE LIABILITY FOR BREACH OF EU LAW 14. PRELIMINARY RULINGS: ARTICLE 267 TFEU 15. ENFORCEMENT OF EU LAW – ACTIONS AGAINST MEMBER STATES 16. DIRECT ACTIONS AGAINST EU INSTITUTIONS, BODIES, OFFICES OR AGENCIES - PART I Articles 263, 277 and 265 TFEU 17. DIRECT ACTIONS AGAINST EU INSTITUTIONS, BODIES, OFFICES OR AGENCIES - PART II Action for damages: non-contractual liability of the European Union under Article 340(2) TFEU 18. AN INTRODUCTION TO THE INTERNAL MARKET OF THE EU DUTIES AND CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES (CEEs) 19. ABOLITION OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES (CEEs) 20. PROHIBITION OF DISCRIMINATORY INTERNAL TAXATION 21. PROHIBITION OF QUANTITATIVE RESTRICTIONS (QRs) AND MEASURES HAVING EQUIVALENT EFFECT ON IMPORTS AND EXPORTS (MEQRs) ARTICLES 34 AND 35 TFEU 22. DEROGATIONS FROM ARTICLES 34 AND 35 TFEU LISTED IN ARTICLE 36 TFEU, AND JUSTIFICATIONS BASED ON MANDATORY REQUIREMENTS 23. CITIZENSHIP OF THE EU 24. FREE MOVEMENT OF WORKERS 25.THE RIGHT OF ESTABLISHMENT AND THE RIGHT TO SUPPLY AND RECEIVE SERVICES 26. EXCEPTIONS TO THE FREE MOVEMENT OF PERSONS 27. INTRODUCTION TO EU COMPETITION LAW 28. ARTICLE 101 TFEU 29. ARTICLE 102 TFEU 30. MERGER CONTROL 31. ENFORCEMENT OF ARTICLES 101 AND 102 TFEU 32. THE AREA OF FREEDOM, SECURITY AND JUSTICE (AFSJ)

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Book SynopsisThis book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour – the book critically explores a reconfiguration of Europe’s constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled ‘juridical comparative hermeneutics’ within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.

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Book SynopsisIn this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States’ attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.Table of Contents1. Analytical Report on the Legal Background of Member States’ Positions towards Economic and Fiscal Integration Stefan Griller, University of Salzburg, Austria 2. EMU Integration against the Backdrop of EU Law and Jurisprudence Elisabeth Lentsch, formerly of Horizon 2020 Project 3. Bulgaria: EMU Integration and the Bulgarian Constitution: ‘Missing Constitution’ or EU Friendliness and Open Statehood Masquerading Implicit Sovereigntist Strategies in the Context of Multilevel Constitutional Games? Martin Belov, St Kliment Ochridski University of Sofia, Bulgaria 4. EMU Integration and the Czech Constitution: Doctrinal Openness and Political Reluctance Tomaš Dumbrovsky, Charles University Prague, Czech Republic 5. Denmark Ulla Neergaard, University of Copenhagen, Denmark 6. Germany Stefan Korioth, Ludwig Maximilians University Munich, Germany, and Jonas Marx, Ludwig Maximilians University Munich, Germany 7. Estonia Andres Tupits, Estonian Business School, Tallinn, Estonia 8. Ireland Gavin Barrett, University College Dublin, Ireland 9. Greece: Further EMU Steps Require a Democratic Eurozone Architecture Lina Papadopoulou, Aristotle University, Salonica, Greece 10. Spain: The Impact of the EMU on the Spanish Constitution Following the Euro Crisis: A Stress Test for the Europeanisation of the Constitutional Order Diane Fromage, University of Maastricht, the Netherlands, Maribel Gonzalez Pascual, Secretary of State for Territorial Policy of the Spanish Government, Madrid, Spain, Joan Solanes Mullor, Pompeu Fabra University, Barcelona, Spain and Aida Torres Perez, Pompeu Fabra University, Barcelona, Spain 11. France: The Paradox of Constitutional Adaptability in a Member State Running Budget Excessive Deficits Laetitia Guilloud-Colliat, Université Grenoble-Alpes, Grenoble, France and Fabien Terpan, Science Po Grenoble, France 12. Croatia Tamara Capeta, University of Zagreb, Croatia and Iris Goldner Lang, University of Zagreb, Croatia 13. Italy Monica Bonini, Bicocca University, Milan, Italy, and Stefania Ninatti, Department of Bicocca University, Milan, Italy 14. Cyprus Nikos Skoutaris, University of East Anglia, UK 15. Latvia Dita Plepa, Riga Stradinš University, Riga, Latvia 16. Lithuania Irmantas Jarukaitis, Court of Justice of the EU in Luxembourg 17. Luxembourg Jorg Gerkrath, University of Luxembourg 18. Hungary Attila Vincze, Andrássy University Budapest, Hungary, Pal Sonnevend, Eötvös Lórant University ELTE in Budapest, Hungary and Andras Jakab, University of Salzburg, Austria 19. Malta: The Assimilation of the EU’s Economic, Fiscal and Monetary Governance Acquis in the Maltese Legal Framework Joseph Bugeja, Gauci-Maistre Xynou in La Valetta, Malta 20. The Netherlands Jan-Herman Reestman, University of Amsterdam, the Netherlands and Monica Claes, Maastricht University, the Netherlands 21. Austria Rainer Palmstorfer, University of Salzburg, Austria 22. Poland Dariusz Adamski, University of Wroclaw, Poland 23. Portugal Ana Maria Guerra Martins, European Court of Human Rights, Strasbourg, France and Joana de Sousa Loureiro, Centre for Judicial Studies in Lisbon, Portugal 24. Romania Dr Mihaela Vrabie, University of Bucharest, Romania 25. Slovakia: (Seemingly) No Legal Obstacles to Deepening EMU Integration Robert Zbiral, Masaryk University in Brno, Czech Republic 26. Slovenia Matej Avbelj, Graduate School of Government and European Studies at Kranj, Slovenia and Erazem Bohinc, Higher Court in Ljubljana, Slovenia 27. Finland Tuomas Ojanen, University of Helsinki, Finland 28. Sweden Joakim Nergelius, Örebro University, Sweden and Eleonor Kristoffersson, Örebro University, Sweden 29. United Kingdom Paul Craig, University of Oxford, UK

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Book SynopsisThis book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.Table of ContentsPART I EU LEGAL ORDER 1. The Intersection between the Uniform Application of EU Law and the Limitation of Sovereign Rights in the Jurisprudence of the CJEU Constantinos Lycourgos, Judge at the Court of Justice of the European Union 2. The Scope of the Principle of the Autonomy of the European Union Legal Order: Recent Developments Ricardo da Silva Passos, Judge at the General Court of the European Union 3. The Influence of Common Lawyers on European Union Law Vassilios Skouris, Emeritus Professor. Former President of the Court of Justice of the European Union 4. Brexit after the Event: Problems Predicted, Problems Unresolved? Ian S Forrester, University of Glasgow and Master of the Bench, Middle Temple, UK 5. The Interplay between EU Law and WTO Law: When the Legality of EU Acts is at Stake Carla Farinhas, Cruz Vilaca Advogados PART II EU POLICIES 1. Persons 6. The External Dimension of Union Citizenship in Extradition Koen Lenaerts, Court of Justice of the European Union and University of Leuven, Belgium 7. Some Notes on the Fundamental Right to Liberty and Security of Person in the EU Legal Order Nuno Piçarra, Court of Justice of the European Union 8. L’arret C. K. c/ Slovenie: Une Importante Contribution a l’humanisation du «Systeme de Dublin» Hubert de Verdelhan, Court of Justice of the European Union 2. Competition 9. The Limits of Collusion under Article 101(1) TFEU Francisco Costa-Cabral, Tilburg Law and Economics Center, The Netherlands 10. EU Competition Law and Parental Liability: The Akzo II Case Ricardo Oliveira, PLMJ, Portugal and Sara Estima Martins, SRS Advogados, Portugal 11. The ECJ Intel Judgment and the Assessment of Fidelity Rebates Carlos Botelho Moniz, Morais Leitão, Galvão Teles, Soares da Silva & Associados, Portugal 12. Towards 170 Years of Competition Policy in Portugal: Past and Future Perspectives in Light of the Implementation of the ECN+ Directive Maria João Melícias, Portuguese Competition Authority PART III IN COURTS WE TRUST 13. Dealing with Privilege Claims in International Arbitration: A Pragmatic Approach José Miguel Júdice, International Chamber of Commerce and Ana Coimbra Trigo, PLMJ, Portugal 14. La saga Kendrion–Gascogne: Vous avez dit «duree raisonnable»? Melchior Wathelet, Court of Justice of the European Union 15. The Right of any Court or Tribunal of a Member State to Request a Preliminary Ruling from the Court of Justice of the European Union Rosario Silva de Lapuerta, Court of Justice of the European Union 16. Les relations entre juridictions en Europe Antonio Tizzano, Court of Justice of the European Union 17. The Dialogue between Courts in the so-called Taricco Saga Alessandro Marciano, Court of Justice of the European Union 18. De l’articulation entre renvoi prejudiciel en validite et recours en annulation: Pour une lecture constructive de l’arret Georsgmarienhutte Frédérique Rolin, Court of Justice of the European Union

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Book SynopsisDisclosure of Information: Norwich Pharmacal and Related Principles offers clear and concise procedural guidance and comprehensive legal analysis of the key ingredients of the jurisdiction dealing with: · Wrongdoing · Involvement · Necessity · Discretion and scope of relief It is the only book available that deals solely with this important and distinctive power of disclosure developed (and continuing to develop) in the English Courts. This invaluable resource: · considers Norwich Pharmacal orders in depth as well as examining the Bankers Trust jurisdiction and other species of relief such as third-party disclosure, pre-action disclosure and the use of subject access request · addresses developments in the field of third party disclosure in proceedings issued against persons unknown · includes practical examples illustrating how the jurisdiction is relevant in different scenarios that can be faced · explores specific topics such as the use of Norwich Pharmacal against internet service providers and social media operators · includes a chapter on the extra-territorial scope of the Norwich Pharmacal jurisdiction - of particular interest to litigators dealing with cross-border fraud issues The book combines detailed legal commentary with sound practical guidance and is essential reading for litigation practitioners and practitioners involved in commercial disputes. This title is included in Bloomsbury Professional's Practice and Procedure online service.Trade ReviewThe ... great attraction of this book is in its referencing of offshore material, where there is lots of important case law which is often otherwise difficult to locate. -- Charles Hollander KC * Law Society Gazette *The extensive citation of case law from abroad is particularly useful; many of the authorities identified are very hard to locate elsewhere...the book is a valuable resource for anyone seeking to obtain or resist a Norwich Pharmacal order. -- Charles Hollander QC, Brick Court Chambers, London * Law Society Gazette (Review of 2nd Edition) *Disclosure of Information is a well-written and authoritative exposition of Norwich Pharmacal and related relief, effectively combining detailed legal commentary with sound practical guidance. -- Natalie Stopps, Associate, Commercial Litigation and Civil Fraud Department, Peters & Peters, London * Law Society Gazette (Review of 1st edition) *Table of ContentsChapter 1: Introduction Chapter 2: Overview Chapter 3: Background to the Norwich Pharmacal case Chapter 4: The Norwich Pharmacal case Chapter 5: Full Information to Assist the Victim of Fraud: Banker's Trust Chapter 6: Extending Norwich Pharmacal Chapter 7: Wongdoing Chapter 8: Involvement Chapter 9: Necessity Chapter 10: Discretion and Scope of Relief Chapter 11: Common Objections Chapter 12: Proecedural Considerations Chapter 13: Modern applications Chapter 14: Extra-territorial Scope Chapter 15: Related Jurisdictions Chapter 16: International Arbitration Chapter 17: Where Next for Norwich Pharmacal? Appendix: Sample Orders A: Simple Norwich Pharmacal Order in respect of an Identity B: Bankers Trust Order

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Book SynopsisIsabella Barbara Tisenhusen has been practising law since 2010 as a fully qualified Attorney at Law. She has worked on M&A deals across the EU, the UK and the US at various law firms. In recent years, Isabella has been a General Counsel at investment firms in London and Abu Dhabi investing in new technologies globally. From this vantage point, she has been witnessing the innovation brought about by enterprising founders. This is going full circle from advising on deals to making them, and from being an outside counsel to becoming a client.

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Book SynopsisThe EU is one of the most notoriously complex international organisations. It is the only supranational organisation where nation-states agree to share sovereignty in some areas but not in others. At the heart of the EU debate across Europe are two opposing groups: one aims to devolve more sovereignty to the EU, with the aim of creating a European 'super-state' and the other wishes to devolve less, effectively relegating the EU to a mere discussion forum. In this accessible and engaging book, Mark Corner provides an essential introduction to the history and modern workings of the EU. Focusing on key themes in the union's development and the debates surrounding future enlargement, this book answers the key questions related to the EU and provides a 'one-stop shop' for anyone curious about future of Europe.Trade Review'At last: a completely common sense, no-nonsense, hands-on and eminently readable introduction to the European Union'. Theo D'haen, former Director of European Studies, University of Leuven.Table of ContentsPreface and Acknowledgements Chapter 1: Introduction and Outline of the Book Chapter 2: History Chapter 3: Anatomy Chapter 4: The Single Market Chapter 5: Agriculture and Aquaculture Chapter 6: A Europe of Regions Chapter 7: External relations Chapter 8: The Greening of Europe? Chapter 9: Conclusion

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Book SynopsisThis book is a tale of two towers,two wars and two visions. The two towers are those of the World Trade Center in New York, destroyed by a terrorist attack on 11 September 2001. The two wars are the War Against Terrorism and the War on Iraq. The two visions are of the international legal and political order for the twenty-first century. The issues involved in the War Against Terrorism and the War on Iraq are of fundamental importance because they may define the shape of international order for the twenty-first century. The book has a number of themes. First, it considers the principal international law and international order issues involved in the War Against Terrorism and in the War on Iraq in 2003. Specific attention is given to the application of international humanitarian and international human rights law in the wars. Secondly it asks how the international debate on the Iraq War was conducted and why? Finally it questions whether the post-1945 system of international laws and organizations is capable of surviving, and in what form? Chapter one outlines how the relationship between war and the international legal order has evolved and introduces the idea of 'complexity theory' as a framework for understanding the events and issues considered in this book. Chapter two considers the pattern of events from the attacks on the US on 9-11 to the Iraq War 2003. Chapter three addresses the issues of law and morality involved in the War Against Terrorism and the War on Iraq. Chapter four focuses on the moral and legal debate around the War on Iraq and chapter five considers the systemic consequences for international law doctrine and practice, giving particular weight to US policy and approaches and how other states have responded to them. Chapter six appraises the post-war situation in Iraq in terms of political and economic organisation and human rights. It also assesses the consequences of the status of post-war Iraq for the wider region. Chapter seven concludes the book by examining the possible implications of the War Against Terrorism and the War on Iraq for world order in the twenty-first century.Trade ReviewMcGoldrick writes with clarity and has made accessible...many of the difficult legal arguments in the area...[he] has a scholarly command of the doctrinal issues raised in the book...a valuable reference point for anyone interested in exploring international law and the two 'wars'. Madelaine Chiam The Modern Law Review July 2005 ...an accurate, well-written summary of the legal, political, and moral issues flowing from the wars on terrorism and Iraq...would make a useful reference in a public international law course. Kristy Pozniak Saskatchewan Law Review, Vol 68 2005 ...a book for everyone concerned with the influence of terrorism, the Bush administration, and the War in Iraq on international institutions and international law..Alongside the fine discussion of the legal and political issues at play, the author also attempts to introduce a theoretical framework that may have broad application in social science as well as law. Mark J. Harris, University of California, Berkeley The Law and Politics Book Review September 2004 For those that are already familiar with the legal issues involved in the military interventions in Afghanistan and Iraq, and the more broad 'war on terror', this text will add some interesting policy and theoretical perspectives. A good number of issues are raised that will trigger readers to give further thought to, and debate about, the role of international law and the UN in the maintenance of international order. Alex Conte, University of Canterbury New Zealand Law Journal April 2005Table of Contents1 War and the International Legal Order 2 From ‘9-11’ to the ‘Iraq War 2003’ 3 International Law and the Wars on Terrorism and on Iraq 4 International Law and the Iraq War 2003 5 The United States and the International Legal System 6 Winning the Peace: An Iraq For the Iraqis 7 World Order(s) for the Twenty-First Century DOCUMENTS

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Book SynopsisThe Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

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Book SynopsisThe Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.Table of ContentsARTICLES Mary Robinson, Climate Change Post-Durban Paul Govind, A Reorientation of Climte Justice - Capability Justice and Climate Change Adaptation Fanny Thornton, Compensatory Justice for Climate Change Displacees under International Law: Fault-Based and No-Fault Approaches David Browne, Causation and Damages in Climate Litigation: Evaluating the Role of Human Rights Law SHORTER ARTICLES AND NOTES Darren O’Donovan, The Diplomatic Disputes between the Holy See and the Irish State 2009-2012: A Legal Analysis Marie McGonagle, Kevin Boyle - An Appreciation of His Work on Freedom of Expression Tom Hadden, Working with Kevin - A Personal Reminiscence CORRESPONDENT REPORTS Alan Brady, Irish Practice in International Law 2011 Ronán Long, Irish Practice on the Law of the Sea 2011 Stephen Coutts, Ireland the European Union 2011 Colin Smith, Human Rights in Ireland 2011 Brice Dickson, Human Rights in Northern Ireland 2011 BOOK REVIEWS Fionnuala ní Aoláin, Dina Francesca Haynes and Naomi Cahn, On the Frontlines: Gender, War and the Post-Conflict Process [Doris Buss] Suzanne Egan, The UN Human Rights Treaty System: Law and Procedure [Edel Hughes] Fiona de Londras, Detention in the ‘War on Terror’: Can Human Rights Fight Back? [Conor Gearty] Steven Dewulf, The Signature of Evil: (Re)Defining Torture in International Law [Michelle Farrell] DOCUMENTS 1. Statement on Russian involvement in the forging of Irish Passports, 1 February 2011 2. UN Human Rights Council: Special Session on Libya, Geneva, 25 February 2011, Address by the Permanent Representative of Ireland, Mr. Gerard Corr 3. Address by the President of Ireland, Mary McAleese, to the International Court of Justice, The Hague, Monday 2 May 2011 4. Concluding Observations of the UN Committee Against Torture on the Initial Report of Ireland, adopted 17 June 2011, UN Doc. CAT//IRL/CO/1 5. Government Recognises the Independence of South Sudan, 9 July 2011 6. Statement by H.E. MS Anne Anderson Permanent Representative, General Assembly interactive thematic debate on ‘The role of regional and sub-regional arrangements in implementing the responsibility to protect’, New York 12 July 2011 7. Statement by the Tánaiste and Minister for Foreign Affairs and Trade, Mr Eamon Gilmore T.D., on developments in Libya, 22 August 2011 8. Summary of the Response of the Holy See to Mr Eamon Gilmore, Tánaiste and Minister for Foreign Affairs and Trade of Ireland, concerning the Cloyne Report 9. Statement by Nuala ni Mhuircheartaigh, Assistant Legal Adviser, Department of Foreign Affairs and Trade, at the Sixth Committee UN General Assembly on: The scope and application of the principle of universal jurisdiction, 12 October 2011 10. MV Saoirse - Statement by the Tánaiste, 4 November 2011 11. Declaration recognising the compulsory jurisdiction of the International Court of Justice, 8 December 2011

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Book SynopsisThis textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.Trade ReviewThis book provides a very promising contextual understanding of the societal and political influences which have shaped EU law as it is now … the book deserves to be applauded for the very effective contextual approach taken, which is novel to the area of EU law. -- Annegret Engel, Lund University * Nordic Journal of European Law *This is a very well put together book by some leading authors in the field … the book will be a vital, and up-to-date resource, for the students in the completion of their assessments. -- Professor Paul James Cardwell * City, University of London *The book is good and covers the law … by explaining the purpose of the law first rather than just the law in isolation. -- Matthew Cole * University of Exeter *Table of Contents1. EU Law in Context I. Introduction II. Why Context? The Idea of the Book III. Beyond the Market, yet Destination Unknown IV. EU Institutions V. The Legitimacy of Political and Legal Authority VI. Crisis Driven EU Law – EU Solidarity at its Best? VII. The Continuing Story of Brexit VIII. Conclusion 2. The Constitutional Framework of EU Law – An Introduction I. Introduction II. The EU Constitutional Framework III. EU Law in National Law: The Fundamentals IV. Enforcement: The Rule of Law Crisis, Enforcement Problems and EU Values V. Judicial Review VI. Conclusion Study Questions Further Reading 3. Economic Challenges of Integration: (1) The Internal Market, (2) Economic and Monetary Union I. Introduction II. Free Movement of Goods III. Freedom of Movement of Persons IV. Freedom of Movement of Capital and Payments V. Problem Solving – A Common Framework for Free Movement VI. The Relationship between EU Law and International Trade Law VII. Competition Law – Overview VIII. Competition Law – Aspects of Procedure and Enforcement IX. Competition Law – Article 101 TFEU X. Competition Law – Article 102 TFEU XI. Competition Law – Mergers XII. Competition Law – State Aid XIII. State Aid and the Example of Pandemics XIV. The TCA and Competition Law XV. The Evolution of Economic and Monetary Union – A Common Currency and More XVI. Conclusion Study Questions Further Reading 4. Brexit I. Introduction II. The Evolution of UK Membership of the EU III. The Question of a Member State Leaving the EU IV. The Withdrawal Referendum and Political Reaction V. Post-Referendum Political and Legal Context VI. The Withdrawal Agreement VII. Brexit in Comparison: Models of a Long-Term Future Relationship VIII. The EU–UK Trade and Cooperation Agreement IX. The EU aft er Brexit – Its Future Development X. Conclusion Study Questions Further Reading 5. The European Area of Freedom, Security and Justice: Selected Themes I. Introduction II. What is this Thing Called an ‘AFSJ’? III. Conflicting Policy Ideas in the AFSJ? IV. Mutual Recognition and the Trust-Based System V. Security Matters and the EU Fight against Terrorism VI. The Establishment of the European Public Prosecutor’s Office VII. Legal Safeguards VIII. e-Evidence and Data Protection IX. Concluding Remarks: A Broad Area of Freedom, Security and Justice Study Questions Further Reading 6. External and Global: The EU as an International Actor I. The Treaty Provisions II. History and Background III. Capacity and Competence to Enter into External Relations IV. Limits upon Competences Relating to International Relations V. Justiciability of EU ‘Values’ VI. EU ‘Extraterritorial’ Jurisdiction Study Questions Further Reading 7. Conclusions What Next?

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Book SynopsisThis volume of essays contains contributions by a group of specialists in the area of competition law,including heads of the world's major competition and antitrust enforcement authorities, renowned scholars and private practitioners. The focus of the volume is the objectives of competition policy of the European Union and other major jurisdictions, the prospects of multilateral competition code, and the relationship between objectives and implementation issues. This is the second in a series of volumes intended to provide an up-to-date commentary on new developments and trends, the first of which was published in 1997.Trade ReviewThe aim [of the book] is clearly to provide an overview of the current state of developments in this complicated and fast-moving legal field and this is achieved in the best way possible. Tom Pick World Competition Law and Economics Review September 2002Table of ContentsIntroduction: objectives of competition policy in general; competition policy objectives in the context of a multilateral competition code; objectives of competition policy in the context of future reforms of the EU's competition policy; conclusions. Biographical notes on the participants. Competition policy objectives: panel discussion; working papers - Frederic Jenny, Gabriel Castaneda, Allan Fels, Anna Fornalczyk, Hideaki Kobayashi, Francine Matte, Damien Neven, Alexander Schaub, Dieter Wolf. Competition policy objectives in the context of a multilateral competition code: panel discussion; working papers - Eleanor Fox, Roderick Abbott, Jacques Bourgeois, Ulrich Immenga, R. Shyam Khemani, Joel Klein, Mitsuo Matsushita, Petros Mavroidis, Francois Souty. Competition law implementation at present: panel discussion; working papers - Barry Hawk, Ian Forrester, Calvin Goldman, Herbert Hovenkamp, Martin Howe, Abbott (Tad) Lipsky. Future competition law: panel discussion; working papers - Richard Whish, Jonathan Faull, Christian Kirchner, Valentine Korah, Mario Siragusa, James Venit, Michel Waelbroeck, Alberto Heimler & Piero Fattori.

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Book SynopsisChallenging the legality of UK nuclear policy as a further generation of nuclear-armed submarines is developed, Trident and International Law asks who is really accountable for Coulport and Faslane. The UK government in Westminster controls nuclear policy decisions even though Britain's nuclear submarines and warheads are all based in Scotland, at Faslane and Coulport. The Scottish Government therefore has responsibilities under domestic and international law relating to the deployment of nuclear weapons in Scotland. Public concern about nuclear deployments, and particularly the security and proliferation implications of modernising Trident, led the Acronym Institute for Disarmament Diplomacy, the Edinburgh Peace and Justice Centre and Trident Ploughshares to organise an international conference on 'Trident and International Law: Scotland's Obligations' in Edinburgh in 2009. This book presents the key papers and documents, with additional arguments from renowned legal scholars. The findings should be of interest to lawyers, policymakers and citizens with interest or responsibilities in legal and nuclear issues, public safety and human security. Whilst focusing on Scotland, this book raises serious questions for nuclear weapon deployments worldwide.

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Book SynopsisDas Buch enthält Beiträge von 18 Autoren aus verschiedenen Ländern und analysiert die jüngste Rechtsprechung des EuGH zu den Außenkompetenzen der Europäischen Union. Es befasst sich mit den Auswirkungen der EU-Werte auf ihre Beziehungen zu den östlichen Nachbarländern. Der erste Teil konzentriert sich auf die Entwicklung und die aktuellen Herausforderungen des außenpolitischen Handelns der Europäischen Union, während der zweite Teil die Zusammenarbeit der EU mit ihren östlichen Nachbarn und Eurasien darstellt. Das Buch befasst sich mit den Assoziierungsabkommen mit den Ländern der Östlichen Partnerschaft mit den östlichen Nachbarländern und Eurasien, den erweiterten Partnerschaftsabkommen in den östlichen Nachbarländern und im postsowjetischen Raum sowie den derzeitigen und künftigen vertraglichen Beziehungen zur Eurasischen Wirtschaftsunion und ihren Mitgliedstaaten.Table of ContentsKapitel 1. Einleitung /Lorenzmaier).- Teil A: Entwicklung und aktuelle Herausforderungen des auswärtigen Handelns der Union: Von geteilten Zuständigkeiten zu gemeinsamen Werten.- Kapitel 2. Neue Herausforderungen für die Vertragsgestaltungsbefugnisse der Union und gemeinsame Werte bei der Umsetzung ihrer Abkommen (Müller-Graff).- Kapitel 3. Von ERTA zu Singapur - und darüber hinaus (Vedder).- Kapitel 4. Ausschließliche und geteilte Zuständigkeiten nach dem Singapur-Gutachten des Europäischen Gerichtshofs - 2/15 Revisited (Lorenzmaier).- Kapitel 5. Gemischte Abkommen nach dem EuGH-Gutachten 2/15 zum Freihandelsabkommen EU-Singapur (Kumin).- Kapitel 6. Der sektorale Ansatz EU-Schweiz unter Druck - nicht zuletzt wegen des Brexit (Tobler).- Kapitel 7. Die Ratifizierungsgeschichte des Assoziierungsabkommens EU-Ukraine: Some Lessons for the Practice of Mixed Agreements (van Elsuwege).- Teil B: EU Cooperation with its Eastern Neighborhood and Eurasia: Shared Values v. Closer/Remote Integration .- Kapitel 8. Herausforderungen bei der wirksamen Umsetzung des Assoziierungsabkommens zwischen der EU und der Ukraine in die ukrainische Rechtsordnung (Petrov).- Kapitel 9. Auswirkungen des Assoziierungsabkommens zwischen der EU und Georgien auf die Rechtsordnung Georgiens (Gabrichidze) - Kapitel 10. Grundsätze und Werte des fairen Wettbewerbs in der EU und ihren Assoziierungsabkommen mit der Ukraine, Moldawien und Georgien (Smyrnova) - Kapitel 11. Die verstärkte Partnerschaft zwischen der EU und Kasachstan: Ein Überblick und eine Bewertung (Kembayev).- Kapitel 12. - Umfassendes und vertieftes Partnerschaftsabkommen zwischen der EU und Armenien: Ein neues Instrument zur Förderung der Werte der EU und der allgemeinen Grundsätze des EU-Rechts (Khvorostiankina).- Kapitel 13. Schweinefleisch, Frieden und Prinzipien: Die Beziehungen zwischen der EU und der Eurasischen Wirtschaftsunion (Dragneva) - Kapitel 14. Die EU und Russland: Alte Rechtsgrundlagen für neue Beziehungen des "ausgewählten Engagements" (Kalinichenko).- Kapitel 15. Die EU und Belarus. Aktuelle und zukünftige vertragliche Beziehungen (Karliuk) - Kapitel 16. Schlussfolgerung (Lorenzmaier/Petrow).

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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