International law Books

Book SynopsisThis book offers a provocative retelling of Palestinian political history through an examination of the international commissions that have investigated political violence and human rights violations. More than twenty commissions have been convened over the last century, yet no significant change has resulted from these inquiries. The findings of the very first, the 1919 King-Crane Commission, were suppressed. The Mitchell Committee, convened in the heat of the Second Intifada, urged Palestinians to listen more sympathetically to the feelings of their occupiers. And factfinders returning from a shell-shocked Gaza Strip in 2008 registered their horror at the scale of the destruction, but Gazans have continued to live under a crippling blockade. Drawing on debates in the press, previously unexamined UN reports, historical archives, and ethnographic research, Lori Allen explores six key investigative commissions over the last century. She highlights how Palestinians' persistent demands for independence have been routinely translated into the numb language of reports and resolutions. These commissions, Allen argues, operating as technologies of liberal global governance, yield no justice—only the oppressive status quo. A History of False Hope issues a biting critique of the captivating allure and cold impotence of international law.Trade Review"This brilliant study not only succeeds in recovering the lives, aspirations and agency of Palestinians written out of history, but helps correct the balance of long-term bias against them. All those who have wondered why successive investigative commissions in Palestine have created only impotent solidarity should read this book."—Raja Shehadeh, author of Going Home: A Walk Through Fifty Years of Occupation"Lori Allen provides a remarkable account of how investigative commissions shaped the form, content, and tenor of conversations about Palestine and between Palestinians and western powers. A History of False Hope is indispensable for understanding the nature of the failure of international law in Palestine."—Ilana Feldman, George Washington University"Lori Allen has produced a fascinating, engaging, and innovative scholarly assessment of how international commissions have failed to deliver political results to the Palestinian people. This disillusioning narrative of good intentions gone awry sheds light on the interplay of law and politics in international relations, and is further enriched by illuminating archival research and the arresting insights of a first-class anthropologist."—Richard Falk, Former UN Special Rapporteur for Palestine, author of Palestine's Horizon: Toward a Just Peace"Allen's book juxtaposes Palestinian investment in their political rights against the international community's determination to thwart a solution. A book that takes a subaltern view of history, the book presents the illusion of "hope" in an accessible and chronological manner, pinning culpability on the international culprits that exploited Palestine for the spoils of settler-colonialism."—Ramona Wadi, The New Arab"A History of False Hope constitutes a significant contribution to the scholarly understanding of the workings of international law and of investigative bodies, along with a fresh perspective on how and why they have failed the Palestinians."—Zachary Lockman, H-Diplo"If history serves as a signpost for the future, Allen's book expertly shows the limitations of engaging with international commissions and international law as a mechanism for Palestinians to attain their long-denied rights."—Josh Ruebner, The Electronic Intifada"Focusing on half a dozen of the most important missions with a sharp anthropologist's eye, Lori Allen highlights the reaction of Palestinian opinion to the ostensible opportunities offered by the commissions, and the hopes they raised and dashed."—Jim Muir, London School of Economics Review of Books"The project of [A History of False Hope] is to explain why Palestinians have generally provided consent to processes that have contributed to their subjugation and undermined their national desires at every turn. Allen does this successfully through careful explication of how the liberal paradigm came to dominate Palestinian politics."—Abraham Silberstein, Israel Studies ReviewTable of ContentsIntroduction: International Law as a Way of Being 1. Petitioning Liberals: The King-Crane Commission 2. Universalizing Liberal Internationalism: The Arab Revolt and the Boycott of the Peel Commission 3. The Humanitarian Politics of Jewish Suffering: The Anglo-American Committee of Inquiry 4. Third World Solidarity at the General Assembly: A UN Special Committee on Human Rights 5. The Silences of Democratic Listening: The Mitchell Committee 6. The Shift to Crime and Punishment: UN Missions Renewing Hope in International Law Conclusion: Toward an Anthropology of International Law, and Next Time and Again for Palestine

Read more less

Book SynopsisHow should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.Trade Review"A long overdue contribution to the study of twentieth century state and constitutional theory, The Legacy of Pluralism brings the important works of Santi Romano and Costantino Mortati into conversation with Carl Schmitt's better known jurisprudence. An indispensable book for legal and political theorists seeking to reconceptualize law beyond the decisive/norm divide in subnational and transnational contexts."—John P. McCormick, University of Chicago"At a time when constitutional and legal theory reflect the crisis of liberal democracy, this highly illuminating book reflects on the attempts by Santi Romano and Mortati to provide theories of public law that take account of the material basis of constitutions, the forces that lead to pluralism, and the place of politics in the legal order."—David Dyzenhaus, University of Toronto"This fascinating analysis of the work of three eminent jurists of the early twentieth century offers a unique perspective on the relation between law and politics. An instructive and compelling read on the challenges of pluralism to the unity of the state."—Lea Ypi, The London School of Economics and Political Science"[I]f we are witnessing the luxuriance of drives and debates that stress complexity rather than uniformity, claims for processes of autonomy and recognition of what is particular in the social fabric as opposed to a pretentious monolithism, the cause of this lies precisely in the crisis of a political paradigm that finds its fulcrum and raison d'être in sovereignty. This is exactly where Croce and Goldoni's text fits in, and it does so by proposing in backlight two uncomfortable but necessary questions. The first one: what are we talking about when we talk about 'pluralism'? And the second, consequently: how is it possible to rethink a unity in a structurally plural way?"—Alvise Capria, UniversaTable of ContentsIntroduction 1. Legal Theory as a Discipline and the Trouble with Pluralism 2. Santi Romano and the Juristic Point of View 3. Carl Schmitt and the Concrete Order 4. Costantino Mortati and the Material Constitution 5. Pluralism and Order: Two Interpretative Axes Conclusion

Read more less

Book SynopsisInternational crime and justice are powerful ideas, associated with a vivid imagery of heinous atrocities, injured humanity, and an international community seized by the need to act. Through an analysis of archival and contemporary data, Imagining the International provides a detailed picture of how ideas of international crime (crimes against all of humanity) and global justice are given content, foregrounding their ethical limits and potentials. Nesam McMillan argues that dominant approaches to these ideas problematically disconnect them from the lived and the specific and foster distance between those who have experienced international crime and those who have not. McMillan draws on interdisciplinary work spanning law, criminology, humanitarianism, socio-legal studies, cultural studies, and human geography to show how understandings of international crime and justice hierarchize, spectacularize, and appropriate the suffering of others and promote an ideal of justice fundamentally disconnected from life as it is lived. McMillan critiques the mode of global interconnection they offer, one which bears resemblance to past colonial global approaches and which seeks to foster community through the image of crime and the practice of punitive justice. This book powerfully underscores the importance of the ideas of international crime and justice and their significant limits, cautioning against their continued valorization.Trade Review"The concepts of international crime and international justice, and the global documents, laws and institutions that aim to put these ideas into practice, are typically promoted as a moral good, a sign of humanity's progress towards a global community. Imagining the International lucidly and convincingly shows why these 'captivating' and 'beautiful' ideas are an ambivalent gift. Through a series of compelling case studies, Nesam McMillan explores the unanticipated effects of international crime and justice—the hierarchies of universal versus local, the legacies of colonialism and the sacrifice of local concerns to an international agenda. Questioning the idea of grounding international solidarity in criminal justice, she urges us to think in more complex and demanding ways about the nature of global interconnection and how it can be fostered in ways that genuinely benefit local communities. This is a timely and provocative book which provides both a map and a critique—it will be valued by scholars and students alike."—Rosanne Kennedy, Australian National University"This insightful book is a much-needed corrective antidote to the nostrums of internationalism. Nesam McMillan unwraps how violence that crosses the gaze of international law becomes appreciated but also appropriated and othered at the same time. This book is a compelling call for inclusiveness and a powerful exhortation for globality to transcend post-coloniality."—Mark A. Drumbl, Washington and Lee University"Imagining the International is an innovative, compelling and much-needed intervention. Forcing us to rethink our assumptions, McMillan questions how certain crimes are established as globally important and others not, and explores the ethical, cultural, and political implications of creating hierarchies of suffering delinked from human experience."—Eve Darian-Smith, University of California, Irvine"Instead of the idealized discourse about exceptional crimes as a spectacle that objectifies the victims, the global justice project needs to be newly conceptualized from the positions of equality and solidarity. McMillan's book is an important step in this direction."—Katarina Ristic, ConnectionsTable of ContentsIntroduction: The Ideas of "International" Crime and Justice 1. On International Crime, Justice, and Community 2. "Rwanda": The Production of a Global Event 3. International Crime as Spectacle: Scale, Subjectivity, Ethics 4. The Ideal of International Criminal Justice: Transcendence, Otherness, Myth Conclusion: Community Beyond Crime: Untethering International Crime, Justice, and Community

Read more less

Book SynopsisA radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.Trade Review"Reinventing Human Rights is a major original statement that transcends old debates and opens tremendous new possibilities. Mark Goodale's ambitious, intrepid move is to neither embrace nor vilify human rights but to demand a new vision of them, for a translocal and transformative politics in a diverse and unequal world."—Samuel Moyn, Yale University, author of Not Enough: Human Rights in an Unequal World"Reinventing Human Rights captures the emergent conditions we must address—whether we want to or not. Mark Goodale opens us up to settings often overlooked, but that increasingly signal their presence."—Saskia Sassen, Columbia University, author of Expulsions: Brutality and Complexity in the Global Economy"Goodale... articulates a new vision for conceptualizing human rights, aiming to inspire fresh thinking and approaches to contemporary problems. His approach challenges claims of universality, which have long been a theoretical and practical stumbling block for human rights scholars and practitioners, and emphasizes what he calls translocality to create broader, though still nuanced, alliances among people across tribes, cultures, and nations. ... Recommended."—A. G. Reiter, CHOICE"Reinventing Human Rights... presents an eloquently argued 'only way forward'... in redefining the framework for seeking justice globally. The tenor is normative, earnestly looking for betterment in the world, even as it draws on critical scholarship, showcasing several titles from the Stanford Studies in Human Rights edited by the author."—Harri Englund, Journal of the Royal Anthropological InstituteTable of ContentsOne: Human Rights against the Maelstroms Two: Human Rights, Capitalism, and the Ends of Economic Life Three: Remaking Sovereignty in the Image of Human Rights Four: Human Rights beyond the Rule of Law Five: Decolonizing Human Rights Six: Human Rights Otherwise Seven: The Subjects of Human Rights Eight: Human Rights in a G20 World

Read more less

Book SynopsisJustice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict's most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel's settlement enterprise. Laws of war have permitted killing and destruction during Israel's military offensives in the Gaza Strip. The Oslo Accord's two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.Trade Review"Noura Erakat's incisive exploration of the role of law in shaping the development of Israel/Palestine reveals the consistent genuflection of international legal institutions to Israel's reliance on well-established colonial practices. She also forcefully argues that the skillful use of international law as a tool of struggle can be generative of hope and possibility—for Palestine and the world. Justice for Some is precisely the book we need at this time."—Angela Y. Davis, author of Freedom Is a Constant Struggle: Ferguson, Palestine, and the Foundations of a Movement"A radical rethinking of the role of law and legal advocacy in the struggle for Palestinian rights. Noura Erakat tells how a refugee problem became a national liberation movement, and the tragic story of how initiative and momentum were squandered after Oslo. Brilliant, inspiring, coldly realistic—and hopeful."—Duncan Kennedy, Carter Professor of General Jurisprudence Emeritus, Harvard Law School"Without any doubt, Justice for Some is the best book on the law and politics of the Palestine/Israel struggle—sophisticated, learned, humane, and creative. Noura Erakat makes a profound contribution to our general understanding of the paradoxical role of law in the contemporary world."—Richard Falk, Former UN Special Rapporteur for Palestine, author of Palestine's Horizon: Toward a Just Peace"Anyone wondering how and why international law has failed so miserably to curb Israeli violations in Palestine and the deleterious effect this has had on the law itself should read this book. Noura Erakat communicates...with the skill of a lawyer and the passion of an activist. Justice for Some is both enriching and inspiring."—Raja Shehadeh, founder of Al-Haq, author of Where the Line Is Drawn: A Tale of Crossings, Friendships, and Fifty Years of Occupation in Israel-Palestine"Through a brilliant and bracing analysis of the Palestine question and settler colonialism, Noura Erakat offers a compelling story of how the antinomies of structure and indeterminacy shaped international law and its possibilities. Justice for Some is a vital lens into movement lawyering on the international plane. At once tragic and inspiring, this book is a must-read for anyone interested in decolonization and the politics of international law."—Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL)"Noura Erakat brings a sophisticated understanding of the role of international law over the last century in the Question of Palestine. This brilliant book will be of great interest to anyone seeking to understand why the outcome, thus far, to the disposition of the Palestine problem has not been a just one."—Rashid Khalidi, author of The Hundred Years' War on Palestine: Settler-Colonial Conquest and Resistance, 1917-2017"Erakat's dissection of these legal and political histories is careful and captivating....This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become. In rejecting the zero-sum formula's inevitability, Erakat sees, and demands, an alternative."—Amanda McCaffrey, Jewish Currents"[A] major scholarly contribution to the critical literature devoted to resolving the Israel/Palestine struggle in line with the dictates of justice....[I] urge a careful reading of Justice for Some by all those interested in the Palestinian struggle as well as those curious about the way law works for and against human wellbeing."—Richard Falk, Mondoweiss"[Erakat] meticulously reveals how Israel ignored international law, the laws of war, duties of an occupying power, and efforts brought through the United Nations to censure its actions....The book will interest those concerned with the law and ethics of war, international law, terrorism laws, and observers of the Israeli-Palestinian conflict and its treatment by international bodies. Highly recommended."—S. Zuhur, Choice"Erakat's detailed analysis paints a dismal reality, yet it is one that must be acknowledged and worked from. Her meticulous discussion on the inherent injustice in international law propels attention towards what so far remains overlooked and calls the reader to reflect upon action that veers away from what the international community keeps demanding of Palestinians."—Ramona Wadi, Middle East Monitor"That international law is not an effective starting point for achieving justice in Palestine is a vital insight for leftists developing a progressive foreign policy.Justice for Somemakes clear that winning Palestinian freedom will require confronting the geopolitical power structure that gives international law its meaning."—Gunar Olsen, Jacobin"Noura Erakat eloquently shows that, yes, the Israeli state project has been consolidated and expanded on a platform of might making right since 1948—but not only that. Israeli governments have also actively sought to craft legal justifications for the conquest and colonisation of territory, and to harness international law in their favour....[Erakat] has written a book that is a story of Palestine but is also a story of international law itself. Some of its most important insights are more universal than specific. They are major conceptual contributions with value well beyond the immediate case study."—John Reynolds, Dublin Review of Books"Erakat's critical perspective on international law and the focus on how Palestinians have used it to support their cause is a much-needed addition to the international law literature on the Israeli–Palestinian conflict....This is a book brimming with acute insights that deserves the widest possible readership."—Markus Gunneflo, Journal of Conflict and Security Law"Justice for Some challenges the not infrequent characterization of efforts to resolve the struggle over Palestine as a dichotomy between law/politics, principle/pragmatism or an imposed/negotiated solution. As [Erakat's] incisive analysis points out, these binaries, while not completely inaccurate, are incomplete in that they mask Israel's skilled use of the law to advance its interests while overlooking the political reasons for shortcomings in the Palestinian leadership's use of law as a form of resistance."—Terry Rempel, The Middle East Journal"In this elegantly written and carefully argued book, Erakat strikes a delicate balance that makes an important contribution to the scholarly literature on both Palestine and critical international law....[Her] clear-eyed analysis is not only an excellent account of the law and politics of the Palestinian struggle but also a remarkable and often inspiring assessment of the relationship between law and liberation."—Asla Bâli, Journal of Palestine StudiesTable of ContentsIntroduction 1. Colonial Erasures and the Struggle for Self-Determination 2. Permanent Occupation 3. Pragmatic Revolutionaries 4. The Oslo Peace Process 5. From Occupation to Warfare 6. Conclusion

Read more less

Book SynopsisA radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.Trade Review"Reinventing Human Rights is a major original statement that transcends old debates and opens tremendous new possibilities. Mark Goodale's ambitious, intrepid move is to neither embrace nor vilify human rights but to demand a new vision of them, for a translocal and transformative politics in a diverse and unequal world."—Samuel Moyn, Yale University, author of Not Enough: Human Rights in an Unequal World"Reinventing Human Rights captures the emergent conditions we must address—whether we want to or not. Mark Goodale opens us up to settings often overlooked, but that increasingly signal their presence."—Saskia Sassen, Columbia University, author of Expulsions: Brutality and Complexity in the Global Economy"Goodale... articulates a new vision for conceptualizing human rights, aiming to inspire fresh thinking and approaches to contemporary problems. His approach challenges claims of universality, which have long been a theoretical and practical stumbling block for human rights scholars and practitioners, and emphasizes what he calls translocality to create broader, though still nuanced, alliances among people across tribes, cultures, and nations. ... Recommended."—A. G. Reiter, CHOICE"Reinventing Human Rights... presents an eloquently argued 'only way forward'... in redefining the framework for seeking justice globally. The tenor is normative, earnestly looking for betterment in the world, even as it draws on critical scholarship, showcasing several titles from the Stanford Studies in Human Rights edited by the author."—Harri Englund, Journal of the Royal Anthropological InstituteTable of ContentsOne: Human Rights against the Maelstroms Two: Human Rights, Capitalism, and the Ends of Economic Life Three: Remaking Sovereignty in the Image of Human Rights Four: Human Rights beyond the Rule of Law Five: Decolonizing Human Rights Six: Human Rights Otherwise Seven: The Subjects of Human Rights Eight: Human Rights in a G20 World

Read more less

Book SynopsisWhen Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades. Alicia Ely Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights, and challenges us to consider why these advances have failed to produce greater equality within and between nations. In this revised and expanded second edition, Yamin incorporates crucial lessons learned about the state of global health equity and public health systems during the COVID-19 pandemic, demonstrating just how incompatible the current institutionalized world order—based on neoliberal, financialized capitalism—is with one in which the rights of diverse people around the globe can be realized. COVID-19 struck a world that had been shaped by decades of disinvestment in public health, health systems, and social protection, as well as privatization of wealth and gaping social inequalities within and between countries, and the evident crisis of confidence in the capacity of democratic political institutions and global governance was deepened by the pandemic. Yamin argues that transformative human rights praxis in health calls for addressing issues of structural inequality and political economy, and working across disciplinary silos through networks and social movements.Trade Review"In an increasingly unequal, fragmented, and unaccountable global order in which intellectual property rights trump health rights, this extraordinary book is a powerful call – by a scholar-activist dedicated to converting 'misfortune to be endured into injustice to be remedied' – to pursue human rights transformatively, to advance connection, dignity, equality, and social justice."—Jackie Dugard, Columbia University"This book makes you believe in the power of invoking human rights to advance health justice, especially if you're doubtful, despondent, or simply new to the topic. It is filled with stories that ignite a fire in you to do something, and insights to think through what you might do."—Seye Abimbola, University of Sydney"Alicia Yamin is able to combine, in a way that very few authors can, a sensitive and empathetic account of the tragic consequences of the widespread denial of the right to health with a deeply informed critique of global health policies. This book offers not only deep insights into the struggles to achieve health and social equality, but explains in highly readable and accessible terms what needs to be done. A wonderful read and an inspired guide."—Philip Alston, Pomeroy Professor of Law at New York University and former UN Special Rapporteur on Extreme Poverty and Human Rights (2014-2020)"Yamin's book is a story of hope and the resilience that highlights how individuals, communities, and societies can confront power asymmetries and shift them to realise their health and human rights. The book provides a compelling account for students of health and human rights and for advocates on how human rights can be applied to transform the narrative from 'misfortune to be endured' to one of 'injustice to be remedied'."—Rajat Khosla, The Lancet"Yamin's book is a 'must read' for those emerged in the struggle for a healthy society, and for students of any stage of learning who seek to understand the history of and the potential of the human right to health."—Louise C. Ivers, ReVista: Harvard Review of Latin AmericaPraise for the first edition "Yamin draws on years of practical field experience to speak with unique authority among human rights scholars about the global and national dynamics that systematically produce poverty and health inequalities across the world."—Paul E. Farmer, Harvard University, and Co-Founder and Chief Strategist of Partners In HealthTable of ContentsIntroduction: Allegorizing the World Chapter 1: Indignation and Injustice Chapter 2: The Significances of Suffering Chapter 3: Diverging Parables of Progress Chapter 4: Dystopian Modernization Chapter 5: Global Crises, Pandemics, and Norms Chapter 6: Inequality, Democracy, and Health Rights Chapter 7: Power, Politics, and Knowledge Conclusions: The Struggle for the World We Want

Read more less

Book SynopsisWhen Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades. Alicia Ely Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights, and challenges us to consider why these advances have failed to produce greater equality within and between nations. In this revised and expanded second edition, Yamin incorporates crucial lessons learned about the state of global health equity and public health systems during the COVID-19 pandemic, demonstrating just how incompatible the current institutionalized world order—based on neoliberal, financialized capitalism—is with one in which the rights of diverse people around the globe can be realized. COVID-19 struck a world that had been shaped by decades of disinvestment in public health, health systems, and social protection, as well as privatization of wealth and gaping social inequalities within and between countries, and the evident crisis of confidence in the capacity of democratic political institutions and global governance was deepened by the pandemic. Yamin argues that transformative human rights praxis in health calls for addressing issues of structural inequality and political economy, and working across disciplinary silos through networks and social movements.Trade Review"In an increasingly unequal, fragmented, and unaccountable global order in which intellectual property rights trump health rights, this extraordinary book is a powerful call – by a scholar-activist dedicated to converting 'misfortune to be endured into injustice to be remedied' – to pursue human rights transformatively, to advance connection, dignity, equality, and social justice."—Jackie Dugard, Columbia University"This book makes you believe in the power of invoking human rights to advance health justice, especially if you're doubtful, despondent, or simply new to the topic. It is filled with stories that ignite a fire in you to do something, and insights to think through what you might do."—Seye Abimbola, University of Sydney"Alicia Yamin is able to combine, in a way that very few authors can, a sensitive and empathetic account of the tragic consequences of the widespread denial of the right to health with a deeply informed critique of global health policies. This book offers not only deep insights into the struggles to achieve health and social equality, but explains in highly readable and accessible terms what needs to be done. A wonderful read and an inspired guide."—Philip Alston, Pomeroy Professor of Law at New York University and former UN Special Rapporteur on Extreme Poverty and Human Rights (2014-2020)"Yamin's book is a story of hope and the resilience that highlights how individuals, communities, and societies can confront power asymmetries and shift them to realise their health and human rights. The book provides a compelling account for students of health and human rights and for advocates on how human rights can be applied to transform the narrative from 'misfortune to be endured' to one of 'injustice to be remedied'."—Rajat Khosla, The Lancet"Yamin's book is a 'must read' for those emerged in the struggle for a healthy society, and for students of any stage of learning who seek to understand the history of and the potential of the human right to health."—Louise C. Ivers, ReVista: Harvard Review of Latin AmericaPraise for the first edition "Yamin draws on years of practical field experience to speak with unique authority among human rights scholars about the global and national dynamics that systematically produce poverty and health inequalities across the world."—Paul E. Farmer, Harvard University, and Co-Founder and Chief Strategist of Partners In HealthTable of ContentsIntroduction: Allegorizing the World Chapter 1: Indignation and Injustice Chapter 2: The Significances of Suffering Chapter 3: Diverging Parables of Progress Chapter 4: Dystopian Modernization Chapter 5: Global Crises, Pandemics, and Norms Chapter 6: Inequality, Democracy, and Health Rights Chapter 7: Power, Politics, and Knowledge Conclusions: The Struggle for the World We Want

Read more less

Book SynopsisHuman Rights, now in its fourth edition, is an introductory text that is both innovative and challenging. Its unique interdisciplinary approach invites students to think imaginatively and rigorously about one of the most important and influential political concepts of our time. Tracing the history of the concept, the book shows that there are fundamental tensions between legal, philosophical and social-scientific approaches to human rights. This analysis throws light on some of the most controversial issues in the field: What are the causes of human-rights violations? Is the idea of universal human rights consistent with respect for cultural difference? Are we living in a ‘post-human rights’ world? Thoroughly revised and updated, the new edition engages with recent developments, including the Trump and Biden presidencies, colonial legacies, neoliberalism, conflict in Syria, Yemen and Myanmar, the Covid-19 pandemic, new technologies and the supposed crisis of liberal democracy. Widely admired and assigned for its clarity and comprehensiveness, this book remains a ‘go-to’ text for students in the social sciences, as well as students of human-rights law who want an introduction to the non-legal aspects of their subject.Trade Review“Freeman’s discussion of human rights spans a remarkable range of eras, concepts, and disciplines. Tying it all together are his consistent commitment to showcase multiple sides of debates and the clarity of his writing. Complex yet accessible – a rare combination.”Shareen Hertel, Professor of Political Science & Human Rights, University of Connecticut “Michael Freeman is one of the leading and most reliable theorists of human rights. In this latest edition of Human Rights, he offers a detailed and objective perspective upon contemporary human-rights challenges, whilst also proposing ways in which we might more effectively engage with these challenges in the years ahead. His book should be essential reading for students and established academics alike.”Andrew Fagan, Director, Human Rights Centre, University of Essex “Michael Freeman is a long-time and careful observer of internationally recognized human rights. Students and faculty alike always benefit from his insights into that subject covering both theory and practice. There are sound reasons for his being a well-known scholar on that important topic.”David Forsythe, University of Nebraska “As we strain to make human rights 'real' in a range of sectors, such as education, health and housing, we need educationalists, health professionals, housing experts, and those working in other disciplines. The watchword is interdisciplinarity. Freeman provides a top-notch interdisciplinary introduction to the foundations of human rights for everyone wanting to make human rights relevant in the everyday lives of everybody.”Paul Hunt, Chief Human Rights Commissioner, New Zealand Human Rights CommissionTable of ContentsPreface to the Fourth Edition 1 Introduction: Thinking about Human Rights 2 Origins: The Rise and Fall of Natural Rights 3 After 1945: The New Age of Rights 4 Theories of Human Rights 5 Human Rights and Social Science 6 The Politics of Human Rights 7 Globalization, Development and Poverty: Economics and Human Rights 8 Universality, Diversity and Difference: Culture and Human Rights 9 Conclusion: Utopians, Endtimers, Slow Borers References

Read more less

Book SynopsisDefensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. The end goal of defensive relativism is to allow a state to appear human rights compliant while at the same time not implementing international human rights law. Drawing on a range of materials, such as state reports on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and cases from the European Court of Human Rights involving freedom of religion, this book provides a definitive survey of defensive relativism. Crucially, Frederick Cowell argues, defensive relativism is not about alternative practices of human rights law, or debates about the origins or legitimacy of human rights as a concept. Defensive relativism is instead a variety of tactical argument used by states to justify ignoring international human rights law. Yet, as Cowell concludes, defensive relativism can’t be removed from the law, as it is a reflection of unresolved tensions about the nature of what it means for rights to be universal.

Read more less

Book Synopsis

Read more less

Book SynopsisSpectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Başak Ertür argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from law’s instrumentality to its performativity. Ertür develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case studies that introduce a new perspective by looking beyond the Holocaust trials, to the Armenian genocide and its fragmentary legal aftermaths. These cases include the 1921 trial of Soghomon Tehlirian, the 2007-21 Hrant Dink Murder Trial, and the 2015 case before the European Court of Human Rights concerning the denial of the Armenian genocide. Enabling us to capture the various modalities in which the political emerges in, through and in relation to legal forms on the stage of the trial, this focus on law’s performativity also allows us to account for how sovereign schemes can misfire and how trials can come to have unintended political lives and afterlives. Further, it reveals how law is entangled with and perpetuates certain histories of violence, rather than simply ever mastering these histories or providing closure.Table of ContentsPreface | ix Introduction | 1 Performativity and Performance • Performativity and Errancy • Rethinking the Politics of Trials • Law and Violence: An Oblique Address PART I: A PERFORMATIVE THEORY OF POLITICAL TRIALS 1 Theorizing Political Trials | 21 Kirchheimer: Setting the Parameters • Judgment on Nuremberg • Arendt: A Trial of One’s Own? • The Breach That Speaks the Bind • Shklar: “There’s Politics and Politics” • Between Atrocity and Legal Violence 2 The Form and Substance of Doing Justice: Law, Performativity, Performance | 52 Not a Profound Word • Law and Performativity • Masquerade and Fate • The Trial: Performativity and Performance 3 Sovereign Infelicities | 76 Three Scenes • Sovereign Spectacles • Sovereign Performatives? • (Mis)Reading the Performative as Performance • Derrida’s Austin: Sovereign Pretensions • Performing the (Structural) Unconscious • Undoing Sovereignty PART II: TRACING THE SPECTERS IN THE SPECTACLES 4 Ghosts in the Courtroom: The Trial of Soghomon Tehlirian | 103 Talat • Tehlirian • Enter Ghost • The Telegrams • The Haunted Hunter • The Many Lives of Tehlirian • The Politics of Haunting 5 Spectral Legacies: Legal Aftermaths of the Armenian Genocide | 131 Legal Returns • Atemporal Histories of Terror • Process unto Oblivion • “Genocide” as Counter-Memory 6 Law of Denial: The Armenian Genocide before the European Court of Human Rights | 156 The Envoy • The Judge, The Historian, and the Politician • Judging the Presence of the Past Conclusion | 175 Acknowledgments | 187 Notes | 191 Index | 223

Read more less

Book Synopsis

Read more less

Book SynopsisFramed for a global audience, William Hughes' new book provides a fundamental basis for understanding legal problems commonly encountered when doing business in the international oil and gas industry. Hughes- a Harvard Law School graduate, practicing attorney, adjunct professor, and Fulbright scholar- devotes substantial attention to industry legal problems arising under non-U.S. legal systems, such as those in the European Union and Islamic law regimes. Including case studies and end-of-chapter questions and notes, Fundamentals of International Oil & Gas Law is an excellent desk reference, course textbook, or introductory guide.

Read more less

Book SynopsisOne of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art research on the many facets of economic modeling in law.The contributors employ a variety of economic methodologies to explore a wide range of topics, including torts, contracts, property, crime, employment, the environment, and legal procedure. This depth and breadth of scholarship reflect the continuing vitality of the economic approach to law, offering an illuminating look into the future of the field and providing inspiration and guidance for the next generation of theorists.This timely volume will appeal to students, professors and researchers in both law and economics, particularly those with an interest in the theoretical and practical intersections of the two fields.Contributors: L. Anderlini, M. Baker, F. Baumann, J. De Mot, B. Deporter, D. Dharmapala, W. Emons, L. Felli, C. Fluet, T. Friehe, N. Garoupa, Z. Grossman, S. Izmalkov, C. Landeo, R. McAdams, T. Miceli, M.Nikitin, J. Pincus, A. Postlewaite, R. Rabon, G. Ramello, K. Segerson, P. Shapiro, T. Tsvetanov, T. Ulen, N. Westelius, A. WickelgrenTable of ContentsContents: Introduction Thomas J. Miceli and Matthew J. Baker 1. Land Assemblage: Efficiency and Equity in Public–Private Projects Zachary Grossman, Jonathan Pincus and Perry Shapiro 2. The Economics of Activity Levels in Tort Liability and Regulation Nuno Garoupa and Thomas S. Ulen 3. Liability versus Regulation for Product-Related Risks Thomas J. Miceli, Rebecca Rabon and Kathleen Segerson 4. Regulation versus Liability: A Behavioral Economics Perspective Kathleen Segerson and Tsvetan Tsventanov 5. Strict Liability When Victims Choose the Value of the Asset at Risk Florian Baumann and Tim Friehe 6. Incentives for Care, Litigation, and Tort Reform Under Self-Serving Bias Claudia M. Landeo, Maxim Nikitin and Sergei Izmalkov 7. Tort Standards and Legal Expenditures: A Unified Model Jef De Mot and Ben Depoorter 8. Litigation Success Functions Jef De Mot 9. The Optimal Amount of Distorted Testimony When the Arbiter Can and Cannot Commit Winand Emons and Claude Fluet 10. Do Exclusionary Rules Convict the Innocent? Dhammika Dharmapala, Nuno Garoupa and Richard McAdams 11. Search, Seizure, and False (?) Arrest: An Analysis of Fourth Amendment Remedies When Police Can Plant Evidence Dhammika Dharmapala and Thomas J. Miceli 12. Crime, Expectations, and the Deterrence Hypothesis Matthew J. Baker and Niklas J. Westelius 13. Active Courts and Menu Contracts Luca Anderlini, Leonardo Felli and Andrew Postlewaite 14. The Efficiency of Affirmative Action with Purely Historical Discrimination Abraham L. Wickelgren 15. The Multi-layered Action of Trademark: Meaning, Law and Market Giovanni B. Ramello

Read more less

Book SynopsisThis detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health Organization's PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.Trade ReviewAn insightful guide to some key developments in the international governance of genetic resources. Exploration of the central role of state sovereignty in current approaches aids understanding of the impact that the socio-economic and political context has on the content and direction of rules in this area. The book includes extensive information on the influence of treaty regimes that are often marginal to or absent from other analyses of genetic resource governance (outer space, seas and oceans, and Antarctica). --- Catherine Rhodes, The University of Manchester, UKTable of ContentsContents: 1. Introduction 2. Antarctica 3. Outer Space and Planetary Objects 4. Seas and Oceans 5. Genetic Resources within the Jurisdiction of Nation States 6. Plant Genetic Resources for Food and Agriculture 7. Human Pandemic Influenza Virus 8. Observations and Conclusions Bibliography Index

Read more less

Book SynopsisThe Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today.Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research.Contributors include: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrat, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. ZawawiTrade Review'What is Islamic law and how does it work? This Research Handbook of 18 case studies drawn from across the contemporary Muslim world promises not only to help contextualise Sharia as a versatile rather than an unchanging framework of laws pertaining to the 7th century, but also importantly to demystify it.' --Howard Brasted UNE Asia-Pacific Centre and University of New England, Australia'This Research Handbook on Islamic Law and Society is a brilliant contribution to understanding Islamic law in practice. With a galaxy of excellent contributors, the Research Handbook intelligently explores the role of Islamic law textually and contextually, focusing on contemporary issues ranging from medical ethics to apostasy laws. A must read for all.' --Mohamad Abdalla, Centre for Islamic Thought and Education University of South Australia, AustraliaTable of ContentsContents: Acknowledgements Introduction: Islamic law in action Nadirsyah Hosen PART 1 FAMILY LAW AND COURTS 1. Colonial legacies: family laws in Singapore and Australia Ann Black 2. The application of kafala in the West Kieran Mclean Eadie 3. ‘The best interests of the child’: critical analysis of the Libyan High Court decision Ali Omar Ali Mesrati 4. ADR and Islamic law: the cases of the UK and Singapore Arif A. Jamal PART 2 PROPERTY AND BUSINESS 5. Corporate social responsibility and workplace casualties in Bangladesh: an appraisal of Islamic principles as a potential solution S. M. Solaiman 6. Business in Islam: revisiting Islamic banking practices in Bangladesh Afroza Begum 7. Property law and trusts (waqf) in Iran Hossein Esmaeili PART 3 CRIMINAL LAW AND JUSTICE 8. Corporate criminal liability in Saudi Arabia Mohammed Fahad Aljiday Alsubaie 9. Blasphemy and apostasy laws in the Muslim world: a critical analysis Faisal Kutty 10. Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice system Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi PART 4 ETHICS, HEALTH AND SCIENCES 11. Genetic engineering and ethics in Muslim communities: case studies from Tunisia and Saudi Arabia Nurussyariah Hammado 12. Collective ijtihad on health issues in Indonesia Nadirsyah Hosen 13. Halal and other codes: can religion, science and ethics guide legal regulation? Richard Mohr PART 5 ARTS AND EDUCATION 14. Finding the Islam in Islamic art: the relationship between Islamic law and artistic practice Mia Corbett 15. The lawfulness of music in contemporary Indonesian debate Neneng Yanti Khozanatu Lahpan 16. Educational rights for women in Saudi Arabia Maan Abdul Haq Khutani PART 6 COMMUNITY AND PUBLIC SPHERES 17. Progressive Islam in Europe: a critical analysis of the unique nature of Bosnia and Hercegovina’s Islamic practice Richard Burgess 18. Khutbahs and fatwas in colonial Indonesia and Malaya Muhamad Ali Index

Read more less

Book SynopsisIn the last twenty years a critically important debate has dominated international tax scholarship: whether an international tax regime exists and if countries are constrained by it within their own tax legislation. This debate has had major implications on the current post-financial crisis efforts by governmental organizations, such as the G20 and OECD, in drafting multilateral international tax rules.This research review draws upon the most important papers published in the last two decades to comprehensively address the increasingly relevant issues of international tax law.Table of ContentsContents: Volume I Acknowledgements Introduction Reuven Avi-Yonah 1. Reuven S. Avi-Yonah (1996), ‘The Structure of International Taxation: A Proposal for Simplification’, Texas Law Review, 74 (6), 1301–59 2. Michael J. Graetz and Michael M. O’Hear (1997), ‘The “Original Intent” of U.S. International Taxation’, Duke Law Journal, 46 (5), March, 1021–109 3. Reuven S. Avi-Yonah (1997), ‘International Taxation of Electronic Commerce’, Tax Law Review, 52 (3), Spring, 507–55 4. Nancy H. Kaufman (1998), ‘Fairness and the Taxation of International Income’, Law and Policy in International Business, 29 (2), Winter, 145–203 5. H. David Rosenbloom (2000), ‘International Tax Arbitrage and the "International Tax System"’, Tax Law Review, 53 (2), Winter, 137–75 6. Reuven S. Avi-Yonah (2000), ‘Globalization, Tax Competition, and the Fiscal Crisis of the Welfare State’, Harvard Law Review, 113 (7), May, 1573–676 7. Victor Thuronyi (2001), ‘International Tax Cooperation and a Multilateral Treaty’, Brooklyn Journal of International Law, 26 (4), 1641–81, Postscript 8. Michael J. Graetz (2001), ‘Taxing International Income: Inadequate Principles, Outdated Concepts, and Unsatisfactory Policies’, Tax Law Review, 54 (3), Spring, 261–336 9. Yariv Brauner (2003), ‘An International Tax Regime in Crystallization’, Tax Law Review, 56 (2), 259–328 10. Miranda Stewart (2003), ‘Global Trajectories of Tax Reform: The Discourse of Tax Reform in Developing and Transition Countries’, Harvard International Law Journal, 44 (1), Winter, 139–90 11. Mitchell A. Kane (2004), ‘Strategy and Cooperation in National Responses to International Tax Arbitrage’, Emory Law Journal, 53, 89–169 12. Chang Hee Lee (2004), ‘Impact of E-Commerce on Allocation of Tax Revenue Between Developed and Developing Countries’, Journal of Korean Law, 4 (1), February, 19, 21–50 Volume II An introduction to both volumes by the editor appears in Volume I 1. Reuven S. Avi-Yonah (2004), ‘International Tax as International Law’, Tax Law Review, 57 (4), Summer, 483–501 2. Allison Christians (2009), ‘Sovereignty, Taxation and Social Contract’, Minnesota Journal of International Law, 18 (1), Winter, 99–153 3. Steven A. Dean (2009), ‘More Cooperation, Less Uniformity: Tax Deharmonization and the Future of the International Tax Regime’, Tulane Law Review, 84 (1), November, 125–64 4. Ruth Mason (2009), ‘Tax Expenditures and Global Labor Mobility’, New York University Law Review, 84 (6), December, 1540–622 5. J. Clifton Fleming, Jr., Robert J. Peroni and Stephen E. Shay (2009), ‘Worse Than Exemption’, Emory Law Journal, 59 (1), October, 79–148 6. Wolfgang Schön (2009), ‘International Tax Coordination for a Second-Best World (Part I)’, World Tax Journal, 1 (1), September, 67–114 7. Allison Christians (2010), ‘Taxation in a Time of Crisis: Policy Leadership from the OECD to the G20’, Northwestern Journal of Law and Social Policy, 5 (1), Spring, 19–40 8. Neil Brooks and Thaddeus Hwong (2010), ‘Tax Levels, Structures, and Reforms: Convergence or Persistence’, Theoretical Inquiries in Law, 11 (2), July, 791–821 9. Daniel Shaviro (2011), ‘The Case Against Foreign Tax Credits’, Journal of Legal Analysis, 3 (1), Spring, 65–100 10. Edward D. Kleinbard (2011), ‘Stateless Income’, Florida Tax Review, 11 (9), 699–774 11. Daniel Shaviro (2011), ‘The Rising Tax-Electivity of U.S. Corporate Residence’, Tax Law Review, 64 (3), Spring, 377–430 12. David Hasen (2012), ‘Tax Neutrality and Tax Amenities’, Florida Tax Review, 12 (2), 57–125 13. Eduardo A. Baistrocchi (2013), ‘The International Tax Regime and the BRIC World: Elements for a Theory’, Oxford Journal of Legal Studies, 33 (4), Winter, 733–58 14. Arthur J. Cockfield (2013), ‘The Limits of the International Tax Regime as a Commitment Projector’, Virginia Tax Review, 33 (1), Summer, 59–113 15. Hugh J. Ault (2013), ‘Some Reflections on the OECD and the Sources of International Tax Principles’, Tax Notes International, 70 (12), June, 1195–201 Index

Read more less

Book SynopsisChina, the European Union and Global Governance examines the key determinants of European and Chinese approaches to the restructuring of global governance systems. Using a multidisciplinary method, this collection of chapters analyzes four distinct fields that are key for both China and the EU and in the development of their relations and future cooperation: the global trading system, the international monetary system, climate and energy policy and international security. In the context of China's growing role in global governance and of EU-China cooperation, these contributions emphasize strategies, prospects and objectives of both actors. They outline possible avenues for an enhanced partnership in light of the changing global order, which implies a rethinking of the existing multilateral structures. This interdisciplinary study will appeal to researchers and scholars interested in global governance, European foreign policy, Chinese foreign policy, EU China relations, as well as trade, the international economy and climate change policies. Postgraduate students in international relations, international political economy, European studies and Chinese studies, as well as policymakers in the areas of external relations and EU-China relations, will also find much to interest them in this book. Contributors: M. Aglietta, E. Atanassova-Cornelis, D. Belis, Q. Bo, H. Bruyninckx, B. Buijs, M. Burnay, P.-f. Chang, J. Chen, R.N. Cooper, H. Cuyckens, J.-C. Defraigne, P. Defraigne, T. de Wilde d'Estmael, J.P. Panda, S. Plasschaert, S. Schunz, B. Snoy, L. van Geuns, X. Wang, Y. Wang, J. Wouters, C.-H. WuTable of ContentsContents: Introduction: China’s Rise as a Global Actor, its Consequences for Global Governance and How Europe Copes with it Jean-Christophe Defraigne, Jan Wouters, Tanguy de Wilde and Pierre Defraigne PART I: SHIFTS IN THE GLOBAL ORDER 1. China Shakes the World: Challenges Arising from Shifts in the Global Balance of Power Jean-Christophe Defraigne 2. China and the EU in Global Governance: Seeking Harmony in Identities Yiwei Wang 3. Europe, China and the Group of Twenty Stewart Fleming PART II: THE WORLD TRADING SYSTEM 4. China and the European Union in the World Trade Organization: Living Apart Together? Jan Wouters and Matthieu Burnay 5. What Lessons Can be Learned from the Doha Round? Xiaodong Wang 6. Beyond European Conditionality and Chinese Non-Interference: Articulating EU–China–Africa Trilateral Relations Chien-Huei Wu PART III: THE WORLD FINANCIAL AND MONETARY SYSTEM 7. A Monetary G3 with a Multilateral Perspective Pierre Defraigne 8. Prospects for the International Monetary System: Key Questions Michel Aglietta 9. Is the Renminbi Undervalued? Sylvain Plasschaert 10. Dynamic Engagement: China’s Participation in International Monetary Institutions Qu Bo PART IV: CLIMATE CHANGE AND ENERGY 11. Global Climate Governance and the Energy Challenge: European and Chinese Perspectives David Belis and Simon Schunz 12. China–EU and the Challenge of Global Climate Change and Energy Richard N. Cooper 13. Climate Change, Technology Transfer and Low-carbon Economy Development in China Jingquan Chen 14. EU–China Climate Relations: The Clean Development Mechanism and Renewable Energy in China Pei-fei Chang, David Belis and Hans Bruyninckx 15. The Energy Challenge: China, the EU and the Restructuring of Global Governance Bernard Snoy 16. China, the EU and Sustainable Energy: Cooperation, Competition or Conflict? Bram Buijs and Lucia van Geuns PART V: SECURITY AND POLITICS 17. The US–Japan Alliance and the Rise of China: Implications for the East Asian Security Order and the EU’s Regional Role Elena Atanassova-Cornelis 18. The EU vis-à-vis China: A Question of Power and Coercion? Tanguy de Wilde d’Estmael 19. The EU and China: Emerging Global Powers Capable of Balancing US Hegemony and Shaping a New World Order? Hanne Cuyckens 20. BRICs, China and the Emerging World Order: Is the PRC Writing a New Global Script? Jagannath P. Panda Concluding Remarks: China–EU Relations in Turbulent Times: Which Way Forward? Jan Wouters and Matthieu Burnay Index

Read more less

Book SynopsisInternational Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field.The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognized experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement.This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation.Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. YuTrade Review'An ever-increasing part of the value of all the goods and services that are traded in the world today is in their intellectual property. Daniel Gervais knows this, and he shows this understanding in the selections he chooses to grace these pages. His combination of practical and professorial expertise puts the editorial stamp of authority on this highly useful selection of topical essays ranging across many contemporary global intellectual property concerns.' --James Bacchus, former Chairman of the Appellate Body of the World Trade Organization'This book contains a number of very interesting chapters written by some of the most distinguished scholars in the field of international intellectual property (IP) law.' --Michael Blakeney, European Intellectual Property ReviewTable of ContentsContents: Preface Daniel J. Gervais PART I HISTORICAL AND INSTITUTIONAL ASPECTS 1. The Berne Convention: Historical and Institutional Aspects Sam Ricketson and Jane Ginsburg 2. International Patent Law: Principles, Major Instruments and Institutional Aspects Philippe Baechtold, Tomoko Miyamoto and Thomas Henninger 3. The Non-multilateral Approach to International Intellectual Property Normsetting Peter K.Yu 4. An International Acquis: Integrating Regimes and Restoring Balance Graeme B. Dinwoodie and Rochelle C. Dreyfuss PART II COPYRIGHT ISSUES 5. Understanding the “Three-step Test” Christophe Geiger, Daniel J. Gervais and Martin Senftleben 6. Orphanworks: A Comparative and International Perspective Katharina de la Durantaye PART III PATENTS AND INNOVATION ISSUES 7. Traditional Knowledge and Innovation as a Global Concern Susy Frankel 8. The Limits of Patents Elizabeth F. Judge and Daniel J. Gervais 9. A Protocol to Evaluate the Impact of Intellectual Property on Innovation Outcomes Geoffrey R. Scott 10. The Patent Cooperation Treaty Cees A.M. Mulder PART IV TRADEMARKS AND RELATED ISSUES 11. Reconciling Trademark Rights and Free Expression Locally and Globally Lisa P. Ramsey 12. Reconciling International Obligations to Protect Health and Trademarks: A Defense of Trademarks as Property Sam F. Halabi 13. Anti-dilution Protection of Luxury Brands in the Global Economy Haochen Sun 14. Of Markets, Culture, and Terroir: The Unique Economic and Culture-related Benefits of Geographical Indications of Origin Irene Calboli Index

Read more less

Book SynopsisThis book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.'- Irmgard Marboe, University of Vienna, AustriaThis well-informed book explains, reflects on and analyzes Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context.The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman - the book is not only unique, but also enriched by differing insights into Islamic law.Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one.The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy.Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.Contents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue IndexTrade ReviewAn excellent introduction to the most significant institutions, procedures and substantive areas of Islamic law, and to selected problems in applying that law. --Mark D. Welton, Middle East JournalTable of ContentsContents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue Index

Read more less

Book SynopsisThis research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.Table of ContentsContents: Acknowledgements Research Review Linda J. Silberman and Franco Ferrari PART I APPROACHES TO JUDGEMENT RECOGNITION AND ENFORCEMENT 1. Willis L. M. Reese (1950), ‘The Status in This Country of Judgments Rendered Abroad’, Columbia Law Review, 50 (6), June, 783–800 2. Arthur T. von Mehren and Donald T. Trautman (1968), ‘Recognition of Foreign Adjudications: A Survey and a Suggested Approach’, Harvard Law Review, 81 (8), June, 1601–96 3. Ruth Bader Ginsburg (1969), ‘Recognition and Enforcement of Foreign Civil Judgments: A Summary View of the Situation in the United States’, International Lawyer, 4 (4), July, 720–40 4. Courtland H. Peterson (1972), ‘Foreign Country Judgments and the Second Restatement of Conflict of Laws’, Columbia Law Review, 72 (2), February, 220–66 5. Ronald A. Brand (1991), ‘Enforcement of Foreign Money Judgements in the United States: In Search of Uniformity and International Acceptance’, Notre Dame Law Review, 67 (2), 253–334 6. Michael Whincop (1999), ‘The Recognition Scene: Game Theoretic Issues in the Recognition of Foreign Judgments’, Melbourne University Law Review, 23 (2), 416–39 PART II COMPARATIVE PERSPECTIVES 7. Arthur Taylor von Mehren (1981), ‘Recognition and Enforcement of Sister–State Judgments: Reflections on General Theory and Current Practice in the European Economic Community and the United States’, Columbia Law Review, 81 (5), June, 1044–60 8. Friedrich K. Juenger (1988), ‘The Recognition of Money Judgments in Civil and Commercial Matters’, American Journal of Comparative Law, 36 (1), Winter, 1–39 9. Linda J. Silberman (2008), ‘Some Judgments on Judgments: A View from America’, King’s Law Journal, 19 (1), 235–63 10. Samuel Baumgartner (2008), ‘How Well Do U.S. Judgments Fare in Europe?’, George Washington International Law Review, 40 (1), 173–231 11. Konstantinos D. Kerameaus (2002), ‘Enforcement of Non-Money Judgments and Orders in a Comparative Perspective’, in James A. R. Nafziger and Symeon Symeonides (eds.) Law and Justice in a Multi-State World: Essays in Honor of Arthur T. Von Mehren, Leiden, the Netherlands: Nijhoff/Brill, 107–19 12. Kurt H. Nadelmann (1957), ‘Non-Recognition of American Money Judgments and What To Do About It’, Iowa Law Review, 42, 236–64 13. Jie Huang (2011), ‘Conflicts between Civil Law and Common Law in Judgement Recognition and Enforcement: When is the Finality Dispute Final?’, Wisconsin International Law Journal, 29, 70–109 PART III SPECIAL ISSUES A The Revenue Rule and Public Law 14. William S. Dodge (2002), ‘Breaking the Public Law Taboo’, Harvard International Law Journal, 43 (1), Winter, 161–235 B Reciprocity 15. John F. Coyle (2014), ‘Rethinking Judgments Reciprocity’, North Carolina Law Review, 92 (4), 1109–74 C Fraud 16. Richard Garnett (2002), ‘Fraud and Foreign Judgments: The Defense that Refuses to Die?’, Journal of International Commercial Law, 1 (2), 161–86 D Preclusion and Res Judicata 17. Robert C. Casad (1984), ‘Issue Preclusion and Foreign Country Judgments: Whose Law?’, Iowa Law Review, 70, 53–80 18. Hans Smit (1962), ‘International Res Judicata and Collateral Estoppel in the United States’, University of California, Los Angeles Law Review, 9, 44–75 E Exequatur 19. Paul Beaumont and Lara Walker (2015), ‘Recognition and Enforcement of Judgements in Civil and Commercial Matters in the Brussels I Recast and Some Lessons from it and the Recent Hague Conventions for the Hague Judgements Project,’ Journal of Private International Law, 11 (1), 31–63 F Class Actions 20. Richard Fentiman (2014), ‘Recognition, Enforcement and Collective Judgments’, in Arnaud Nuyts and Nikitase Hatzimihail (eds.) Cross–Border Class Actions: The European Way, Munich, Germany: Sellier European Law Publishers Ltd., 85–110 21. Antonio Gidi (2012), ‘The Recognition of U.S. Class Action Judgments Abroad: The Case of Latin America,’ Brooklyn Journal of International Law, 37, 893–965 PART IV INTERNATIONAL SOLUTIONS 22. Russell J. Weintraub (1998), ‘How Substantial is our Need for a Judgments-Recognition Convention and What Should we Bargain Away to get it?’, Brooklyn Journal of International Law, XXIV (1), 167–220 23. Arthur T. von Mehren (1994), ‘Recognition and Enforcement of Foreign Judgments: A New Approach for the Hague Conference?’, Law and Contemporary Problems, 57 (3), Summer, 271–87 PART V FUTURE ISSUES 24. Patrick Kinsch (2004), ‘The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions’, in Talia Einhorn and Kurt Siehr (eds.) Intercontinental Cooperation through Private International Law, The Hague, the Netherlands: T.M.C. Asser Press, 197–228 Index

Read more less

Book SynopsisRefugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours.The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favored polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead.Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.Contributors: I. Atak, F. Crépeau, C. Dauvergne, C. Harvey, S.S. Juss, S. Kneebone, P. Mathew, S. Mullally, J.M. Pobjoy, J.C. Simeon, R. WallaceTable of ContentsContents: Foreword Introduction Satvinder Singh Juss and Colin Harvey PART I: OF REFUGEE ‘CRISIS’, NORMATIVE ‘SOFT LAWS’ AND ‘HUMAN RIGHTS’ 1. Refugee Law as Perpetual Crisis Catherine Dauvergne 2. The UNHCR Handbook and the Interface between ‘Soft Law’ and ‘Hard Law’ in International Refugee Law Satvinder Singh Juss 3. Is Humanity Enough? Refugees, Asylum Seekers and the Rights Regime Colin Harvey PART II: OF THE ADVENT OF NEW REFUGEES 4. A Child Rights Framework for Assessing the Status of Refugee Children Jason M. Pobjoy 5. Protecting Trafficked Persons from Refoulement: Re-examining the Nexus Susan Kneebone 6. Draft Dodger/Deserter or Dissenter? Conscientious Objection as Grounds for Refugee Status Penelope Mathew 7. Gender Asylum Law: Providing Transformative Remedies? Siobhán Mullally PART III: OF THE SECURITIZATION, EXCLUSION AND INTERNAL RELOCATION OF REFUGEES 8. The Securitization of Asylum and Human Rights in Canada and the European Union Idil Atak and François Crépeau 9. Ethics and the Exclusion of Those who are ‘Not Deserving’ of Convention Refugee Status James C. Simeon 10. Internal Relocation Alternative in Refugee Status Determination: Is the Risk/Protection Dichotomy Reality or Myth? A Gendered Analysis Rebecca Wallace Index

Read more less

Book SynopsisInternational copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.'- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.- Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO.- Presents the international norms in their historical context, and explains rationales behind the rules and relations among them.- Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties.- Approaches the topic from the perspective of tackling complex issues in practice.- Balanced discussion of both copyright and related rights.- Guides the reader to the more specialized commentaries for issues requiring further in-depth research.A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues.Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions IndexTrade Review‘Ideal for students and scholars seeking to improve their understanding of copyright law in an international context, Primer on International Copyright and Related Rights discusses rights of reproduction, translation, distribution, rental, resale, public performance, and much more. A "must have" for law school libraries and serious students of international copyright regulations, as well as professionals in the field.’ -- Midwest Book Review‘This book will definitely become a vital source for courses on international intellectual property. It is not only well organised, but is excellently presented. I think the book should become a source for basic copyright courses in which academics mainly deal with local laws. This book contributes to existing literature. True, it is a primer, but a primer that does not only make international copyright law accessible to students and practitioners. I think it also shows the great success of the international intellectual property system and why we need to remain attentive to the international community and appraise its achievements.’ -- Lior Zemer, European Intellectual Property Review'International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' -- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UK‘As well as practitioners, academics and students, government officials charged with decision-making responsibilities in this area of law will find this impressively scholarly examination of international copyright a useful, indeed an essential, purchase.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index

Read more less

Book SynopsisInternational copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.'- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.- Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO.- Presents the international norms in their historical context, and explains rationales behind the rules and relations among them.- Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties.- Approaches the topic from the perspective of tackling complex issues in practice.- Balanced discussion of both copyright and related rights.- Guides the reader to the more specialized commentaries for issues requiring further in-depth research.A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues.Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions IndexTrade Review‘Ideal for students and scholars seeking to improve their understanding of copyright law in an international context, Primer on International Copyright and Related Rights discusses rights of reproduction, translation, distribution, rental, resale, public performance, and much more. A "must have" for law school libraries and serious students of international copyright regulations, as well as professionals in the field.’ -- Midwest Book Review‘This book will definitely become a vital source for courses on international intellectual property. It is not only well organised, but is excellently presented. I think the book should become a source for basic copyright courses in which academics mainly deal with local laws. This book contributes to existing literature. True, it is a primer, but a primer that does not only make international copyright law accessible to students and practitioners. I think it also shows the great success of the international intellectual property system and why we need to remain attentive to the international community and appraise its achievements.’ -- Lior Zemer, European Intellectual Property Review'International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' -- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UK‘As well as practitioners, academics and students, government officials charged with decision-making responsibilities in this area of law will find this impressively scholarly examination of international copyright a useful, indeed an essential, purchase.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index

Read more less

Book SynopsisThis innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship.Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read.Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. WernerTrade Review'Sociological approaches to international law have gained significant momentum in the course of the last decade. The contributions to this Research Handbook reflect the diversity of sociological theories and illustrate how they can enrich international legal scholarship. The Research Handbook is an excellent guide to the sociology of international law 'from Huber to post-structuralism.' --Christian J. Tams, University of Glasgow, UKChristian J. Tams, University of Glasgow, UK'This Research Handbook offers a timely sociological reading of the functioning of the international legal order, using diverse sociological approaches, spreading from the thought of Max Huber to post-structuralism. It offers a range of the best analyses on the topic and sets a new agenda for the field. Indeed a fascinating book.' --Hélène Ruiz Fabri, Max Planck Institute Luxembourg for Procedural Law, LuxembourgTable of ContentsContents: 1. Introduction to the Research Handbook on the Sociology of International Law Moshe Hirsch and Andrew Lang 2. Issues of Empire, Contestation, and Hierarchy in the Globalization of Law Bryant G. Garth 3. A conflicts-law response to the precarious legitimacy of transnational trade governance Fabian Bohnenberger and Christian Joerges 4. Correlated ownership: Polanyi, Commons, and the property continuum Sabine Frerichs and Rick James 5. Regulating Speed: Social Acceleration and International Law Wouter G. Werner 6. ‘What gets measured gets done’: exploring the social construction of globalized knowledge for development Ruth Buchanan, Kimberley Byers and Kristina Mansveld 7. International lawyers and the study of expertise: representationalism and performativity Andrew Lang 8. Ignorance/power: rule of law reform and the administrative law of global governance Deval Desai 9. Reflexive Sociology of International Law: Pierre Bourdieu and the Globalization of Law Mikael Rask Madsen 10. The practice of litigation at the ICJ: the role of counsel in the development of international law Gregory Messenger 11. International investment law as formally rational law: a Weberian analysis David Schneiderman 12. Practice theory and international law Jeffrey L. Dunoff and Mark A. Pollack 13. The ‘practice turn’ in international law: insights from the theory of structuration Nicolas Lamp 14. An Anthropological Approach to International Economic Law Galit A. Sarfaty 15. Network analysis and the sociology of international law Sergio Puig 16. Social networks and the enforcement of international law Shai Dothan 17. Locked in language: historical sociology and the path dependency of investment treaty design Wolfgang Alschner 18. Social constructivism and the social construction of world economic reality Sungjoon Cho 19. Core Sociological Theories and International Law Moshe Hirsch Index

Read more less

Book Synopsis'This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.'- Anne Orford, Melbourne Law School, Australia'Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.'- Benedict Kingsbury, New York University, School of Law, USConcepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline.This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life.Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read. Contributors include: P. Allott, A. Anghie, A. Bianchi, L. Bonadiman, F.L. Bordin, C. Brölmann, B. Çali, P. Capps, H. Charlesworth, J.K. Cogan, H.G. Cohen, R. Collins, J. d'Aspremont, M. Goldmann, G. Gordon, J. Haskell, K.J. Heller, G.I. Hernández, F. Hoffmann, D.B. Hollis, O.U. Ince, V. Jeutner, F. Johns, O. Kessler, J. Klabbers, R. Knox, N. Krisch, V. Kumar, M.M. Mbengue, F. Mégret, T. Meyer, C.A. Miles, S. Moyn, S. Neff, J. Nijman, A. Nollkaemper, U. Öszu, A. Peters, M. Prost, Y. Radi, N.M. Rajkovic, A. Rasulov, W. Rech, F.D. Reis, C. Ryngaert, P. Schlag, I. Scobbie, M. Shahabuddin, G. Simpson, S. Singh, T. Skouteris, U. Soirila, T. Sparks, C.J. Tams, A.A.C. Trindade, N. Tzouvala, A. van Mulligen, I. Venzke, G. Verdirame, J. von Bernstorff, I. WuerthTrade Review‘An extremely well-indexed treasure chest which allows the reader to follow an idea through the lenses of different authors and to understand the historical and conceptual contexts in which each lens is situated. The scholarship is stellar, emanating from long-established luminaries as well as innovative, newer participants at earlier stages of their careers. The contributors hail from eighteen countries, with at least one participant from each of the geographical regions of the globe, which adds to the cosmopolitan flavour of the text. . . it will illuminate, provoke and inform. The book is described as essential reading for “researchers, postgraduates and doctoral students”, I think it could prove to be invaluable at earlier stages of study as well.’ -- C H Powell, The South African Law Journal‘This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.’ -- Anne Orford, Melbourne Law School, Australia‘Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.’ -- Benedict Kingsbury, New York University, School of Law, US‘This volume traverses the concepts that aim to anchor international law. Presented as an “experiment”, the work assembles the greatest voices to interrogate the power of international law’s core concepts. And it does so with much success. This is a magnificent work’. -- Larissa van den Herik, Leiden University, the Netherlands‘The editors of this book offer it as a response to what they see as a profound contemporary malaise in international law, connected to a faltering faith in the liberal cosmopolitanism, and a deep understanding of international law's implications in many of the world's most horrific inequities and injustices. Through its diverse chapters, they explore the counterintuitive but intriguing proposition that the way out may lie in a new mode of ‘conceptualisation’, that is to say, a way of being in which the flawed conceptual heritage of international law is understood to require not just powerful critique, but also an attitude of gentle and knowing stewardship.’ -- Andrew Lang, University of Edinburgh, UK‘This is an extremely rich and diverse collection of chapters on some important foundational concepts in international law. The chapters reflect the variety of approaches in international law today. I really enjoyed reading the book, as it challenged several of my assumptions about the field.’ -- Wouter Werner, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction: Concepts for International Law: Contributions to Disciplinary Thought Jean d’Aspremont and Sahib Singh A Analogy Fernando Lusa Bordin Authority Başak Çalı Autonomy Richard Collins B Bindingness Jean d’Aspremont C Civilization Ntina Tzouvala Coherence Yannick Radi Compliance Ingrid Wuerth Consent Stephen Neff Constitutionalisation Anne Peters Critic Jochen von Bernstorff D Democracy Hilary Charlesworth Development Onur Ince Discourse Florian Hoffmann Domination Anthony Anghie E Effectiveness Gleider I. Hernandez Epistemic Communities Andrea Bianchi Ethics Jan Klabbers Ethnicity Mohammad Shahabuddin F Faith Luca Bonadiman Fragmentation Harlan Grant Cohen H Hegemony Robert Knox Humanity Ukri Soirila I Identity John Haskell Ideology Walter Rech Imagination Gerry Simpson Imperialism Akbar Rasulov Indeterminacy Cameron A. Miles Individual Antônio Augusto Cançado Trindade Instrumentalism Timothy Meyer Interdisciplinarity Nikolas M. Rajkovic International Community Christian J. Tams International Crime Kevin Jon Heller International Organization Jacob Katz Cogan Interpretation Duncan B. Hollis Interpretivism Patrick Capps J Jurisdiction Cedric Ryngaert Justice Frédéric Mégret L Legal Dilemma Valentin Jeutner Legal Form Umut Özsu Legality Fleur Johns Legitimacy Oliver Kessler and Filipe Dos Reis N Normativity Anne van Mulligen P Personality Catherine Brölmann and Janne Nijman Pluralism Nico Krisch Precedent Makane Moïse Mbengue Progress Thomas Skouteris R Reason Pierre Schlag Relative Normativity Matthias Goldmann Responsibility André Nollkaemper Revolutionaries Vidya Kumar Rights Samuel Moyn Rule of Law Philip Allott S Semantic Authority Ingo Venzke Sovereignty Guglielmo Verdirame State Tom Sparks System Mario Prost U Universalism Geoff Gordon Utopian Akbar Rasulov W War Iain Scobbie Index

Read more less

Book SynopsisThis timely research review provides a comprehensive discussion of seminal articles analyzing and debating current key topics in the field of international labour law. In particular, the review focuses on the central role of the International Labour Organization (ILO) in the adoption and enforcement of labour standards, as well as the normative content of ILO Conventions forming the basis for the ILO Declaration on Fundamental Principles and Rights at Work. Professor Fick also pinpoints important articles which critically consider non-ILO mechanisms for enforcing labour standards assessing their effectiveness and practicality as well as scholarship reflecting on the future of international labour law and how it is impacted by the ILO Declaration, the dialogue on human rights and changes in the nature of the labour market in a global economic system. Table of ContentsContents: Introduction Barbara J. Fick PART I THE ROLE OF THE ILO IN THE INTERNATIONAL LABOUR LAW REGIME 1. Laurence R. Helfer (2006), ‘Understanding Change in International Organizations: Globalization and Innovation in the ILO’, Vanderbilt Law Review, 59 (3), April, 649¬–726 2. Nicolas Valticos (1977), ‘Comparative Law and the International Labour Organization’, Comparative Labor Law, 2, 273–88 3. Francis Maupain (1999), ‘The Settlement of Disputes Within the International Labour Office’, Journal of International Economic Law, 2 (2), June, 273–93 4. Alfred Wisskirchen (2005), ‘The Standard-Setting and Monitoring Activity of the ILO: Legal Questions and Practical Experience’, International Labour Review, 144 (3), September, 253–89 5. Edward Weisband (2000), ‘Discursive Multilateralism: Global Benchmarks, Shame, and Learning in the ILO Labor Standards Monitoring Regime’, International Studies Quarterly, 44 (4), December, 643–66 PART II SUBSTANTIVE CONTENT OF THE CORE LABOUR RIGHTS 6. Harold Dunning (1998), ‘The Origins of Convention No. 87 on Freedom of Association and the Right to Organize’, International Labour Review, 137 (2), 149–67 7. Jane Hodges-Aeberhard (1989), ‘The Right To Organise in Article 2 of Convention No. 87: What is meant by Workers “Without Distinction Whatsoever”?’, International Labour Review, 128 (2), 177–94 8. Jane Hodges-Aeberhard and Alberto Odero de Dios (1987), ‘Principles of the Committee on Freedom of Association Concerning Strikes’, International Labour Review, 126 (5), September–October, 543–63 9. Lee Swepston (2013), ‘Crisis in the ILO Supervisory System: Dispute over the Right to Strike’, International Journal of Comparative Labour Law and Industrial Relations, 29 (2), 199–218 10. Bernard Gernigon, Alberto Odero and Horacio Guido (2000), ‘ILO Principles Concerning Collective Bargaining’, International Labour Review, 139 (1), March, 33¬–55 11. Henrik Karl Nielsen (1994), ‘The Concept of Discrimination in ILO Convention No. 111’, International and Comparative Law Quarterly, 43 (4), October, 827–56 12. Mike Kaye (2009), Forced Labour in the 21st Century, Anti-Slavery International and The International Confederation Of Free Trade Unions, 1–21 13. Breen Creighton (1997), ‘Combating Child Labour: The Role of International Labour Standards’, Comparative Labor Law Journal, 18, 362–96 14. Karl Hanson and Arne Vandaele (2003), ‘Working Children and International Labour Law: A Critical Analysis’, International Journal of Children’s Rights, 11 (1), 73–146 PART III ENFORCEMENT MECHANISMS OUTSIDE THE ILO 15. Margaret Levi, Christopher Adolph, Daniel Berliner, Aaron Erlich, Anne Greenleaf, Milli Lake and Jennifer Noveck (2013), ‘Aligning Rights and Interests: Why, When and How to Uphold Labor Standards’, Background Paper for the World Development Report, 1-38 16. Jan Martin Witte (2008), ‘The Potential and Limits of Codes of Conduct and Standards in Fostering Core Labor Standards’, in Realizing Core Labor Standards: The Potential and Limits of Voluntary Codes and Social Clauses. A Review of the Literature, Chapter 4, Eschborn, Germany: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, 52-76 17. Axel Marx and Jan Wouters (2013), ‘Redesigning Enforcement in Private Regulation – The Case of International Labor Governance’, Working Paper No. 126, Leuven Centre For Global Governance Studies, November, 1–20 18. Leyla Davarnejad (2011), ‘In the Shadow of Soft Law: The Handling of Corporate Social Responsibility Disputes Under the OECD Guidelines for Multinational Enterprises’, Journal of Dispute Resolution, 2011 (2), 351–85 19. Brian W. Burkett (2011), ‘International Framework Agreements: An Emerging International Regulatory Approach or a Passing European Phenomenon?’, Canadian Labor and Employment Law Journal, 16, 81–114 20. Renée-Claude Drouin (2010), ‘Promoting Fundamental Labor Rights through International Framework Agreements: Practical Outcomes and Present Challenges’, Comparative Labor Law and Policy Journal, 31 (3), 591–636 21. Jan Martin Witte (2008), ‘A Trade Lever? The Potential and Limits of Promoting Core Labor Standards through Social Clauses’, Realizing Core Labor Standards: The Potential and Limits of Voluntary Codes and Social Clauses. A Review of the Literature, Chapter 3, Eschborn, Germany: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, 23-50 22. Franz Christian Ebert and Anne Posthuma (2010), ‘Labour Provisions in Trade Arrangements: Current Trends and Perspectives’, ILO Discussion Paper 205, 1-35 23. Lance Compa and Jeffrey S. Vogt (2001), ‘Labor Rights in the Generalized System of Preferences: A 20-Year Review’, Comparative Labor Law and Policy Journal, 22 (2–3), 199-238 PART IV REFLECTIONS ON CORE LABOUR RIGHTS AND THE FUTURE OF INTERNATIONAL LABOUR LAW 24. Philip Alston (2004), ’“Core Labour Standards” and the Transformation of the International Labour Rights Regime’, European Journal of International Law, 15 (3), June, 457¬–521 25. Brian A. Langille (2005), ‘Core Labour Rights – The True Story (Reply to Alston)’, European Journal of International Law, 16 (3), June, 409–37 26. Kevin Kolben (2010), ‘Labor Rights as Human Rights?’, Virginia Journal of International Law, 50 (2), 449–84 27. Harry W. Arthurs (2012), ‘Making Bricks Without Straw: The Creation of a Transnational Labour Regime’, in Gráinne de Búrca, Claire Kirkpatrick and Joanne Scott (eds), Critical Legal Perspectives on Global Governance: Liber Amicorum David M. Trubek, Chapter 7, Oxford, UK: Hart Publishing, 129–42 Index

Read more less

Book SynopsisThis research collection examines writings from leading water law experts in the world to assess the law applicable to the uses, management and protection of water resources. Exploring the diverse aspects of this, from human rights to international economic law and peace and security, International Water Law comprehensively covers the multi-level facets of water resource management and protection in its wider scope.Table of ContentsContents: Volume I Acknowledgements Introduction Laurence Boisson de Chazournes and Mara Tignino PART I NOTIONS AND PRINCIPLES 1. Eyal Benvenisti (1996), ‘Collective Action in the Utilization of Shared Freshwater: The Challenges of International Water Resources Law’, American Journal of International Law, 90 (3), July, 384–415 2. Laurence Boisson de Chazournes (2009), ‘Freshwater and International Law: The Interplay Between Universal, Regional and Basin Perspectives’, United Nations World Water Development Report 3: Water in a Changing World, Paris, France: United Nations Educational, Scientific and Cultural Organization (UNESCO), 1–10 3. Charles B. Bourne (1996), ‘The International Law Association’s Contribution to International Water Resources Law’, Natural Resources Journal, 36 (2), Spring, 155–216 4. Stephen C. McCaffrey (1996), ‘The Harmon Doctrine One Hundred Years Later: Buried, Not Praised’, Natural Resources Journal, 36 (3), Summer, 549–90 PART II INTERNATIONAL WATERCOURSES AND LAKES 5. Maurizio Arcari (1997), ‘The Codification of the Law of International Watercourses: The Draft Articles Adopted by the International Law Commission’, Anuario de Derecho Internacional, XIII, 3–32 6. Lucius Caflisch (1998), ‘Regulation of the Uses of International Watercourses’, in Salman M.A. Salman and Laurence Boisson de Chazournes (eds), International Watercourses: Enhancing Cooperation and Managing Conflict, Proceedings of a World Bank Seminar, World Bank Technical Paper Number 414, Chapter One, Washington, DC: World Bank, 3–16 7. ‘Draft Articles on the Law of the Non-Navigational Uses of International Watercourses’ (1996), in Yearbook of the International Law Commission 1994, Volume II, Part Two: Report of the Commission to the General Assembly on the Work of its Forty-Sixth Session, Chapter III, Section D, New York, NY and Geneva, Switzerland: United Nations, 89–135 8. ‘Introduction’, ‘Sovereignty Over Water’, ‘Independencies in the Water Cycle’, ‘The Value of Water’, ‘Water and Culture’, ‘Cooperation as Allocation’, ‘Cooperation as Salvation’, ‘Cooperation as Opportunity’, ‘Cooperation and Participation of Stakeholders’, ‘Framework for the Integrated Management of International Watercourses’, ‘A Human Right to Water’, ‘Water and Security’ and ‘Water for Peace – Peace for Water’ (2000), in National Sovereignty and International Watercourses, The Hague, Netherlands: Green Cross International, Chapters 1–13, March, 16–59 9. Patricia K. Wouters (1992), ‘Allocation of the Non-Navigational Uses of International Watercourses: Efforts at Codification and the Experience of Canada and the United States’, Canadian Yearbook of International Law, 30, December, 43–88 PART III TRANSBOUNDARY GROUNDWATERS 10. Gabriel E. Eckstein (2007), ‘Commentary on the U.N. International Law Commission’s Draft Articles on the Law of Transboundary Aquifers’, Colorado Journal of International Environmental Law and Policy, 18 (3), 537–610 11. Owen McIntyre (2011), ‘International Water Resources Law and the International Law Commission Draft Articles on Transboundary Aquifers: A Missed Opportunity for Cross-Fertilisation?’, International Community Law Review, 13 (3), 237–54 12. Francesco Sindico (2011), ‘The Guarani Aquifer System and the International Law of Transboundary Aquifers’, International Community Law Review, 13 (3), 255–72 PART IV ACCESS TO WATER, NON-STATE ACTORS AND WATER RESOURCES MANAGEMENT 13. Carl Bruch (2005), ‘Evolution of Public Involvement in International Watercourse Management’, in Carl Bruch, Libor Jansky, Mikiyasu Nakayama and Kazimierz A. Salewicz (eds), Public Participation in the Governance of International Freshwater Resources, Chapter 2, Tokyo, Japan: United Nations University Press, 21–72 14. Catarina de Albuquerque (2010), ‘Report of the Independent Expert on the Issue of Human Rights Obligations Related to Access to Safe Drinking Water and Sanitation’, United Nations General Assembly, Human Rights Council Fifteenth Session, Report GE.10-14831, New York, NY: United Nations, 1–22 15. Christina Leb (2012), ‘The Right to Water in a Transboundary Context: Emergence of Seminal Trends’, Water International, 37 (6), October, 640–53 16. Stephen McCaffrey (1992), ‘A Human Right to Water: Domestic and International Implications’, Georgetown International Environmental Law Review, 5 (1), 1–24 17. Dinah Shelton (2013), ‘Water Rights of Indigenous Peoples and Local Communities’, in Laurence Boisson de Chazournes, Christina Leb and Mara Tignino (eds), International Law and Freshwater: The Multiple Challenges, Chapter 5, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 69–94 18. Attila Tanzi (2010), ‘Reducing the Gap Between International Water Law and Human Rights Law: The UNECE Protocol on Water and Health’, International Community Law Review, 12 (3), 267–85 19. Mara Tignino (2014), ‘The Right to Water and Sanitation in Post-Conflict Legal Mechanisms: An Emerging Regime?’, in Erika Weinthal, Jessica Troell and Mikiyasu Nakayama (eds), Water and Post-Conflict Peacebuilding, Part 5, Abingdon, UK and New York, NY: Earthscan, 383–402 Volume II Acknowledgements An introduction to both volumes by the editors appears in Volume I PART I WATER AND INTERNATIONAL ECONOMIC LAW 1. Cynthia Baumann (2001), ‘Water Wars: Canada’s Upstream Battle to Ban Bulk Water Export’, Minnesota Journal of Global Trade, 10, Winter, 109–32 2. Edith Brown Weiss (2005), ‘Water Transfers and International Trade Law’, in Edith Brown Weiss, Laurence Boisson de Chazournes and Nathalie Bernasconi-Osterwalder (eds), Fresh Water and International Economic Law, Chapter 3, Oxford, UK: Oxford University Press, 61–89 3. Philippe Cullet and Alix Gowlland-Gualtieri (2005), ‘Local Communities and Water Investments’, in Edith Brown Weiss, Laurence Boisson de Chazournes and Nathalie Bernasconi-Osterwalder (eds), Fresh Water and International Economic Law, Chapter 13, Oxford, UK: Oxford University Press, 303–32 4. Valerie Hughes and Gabrielle Marceau (2013), ‘WTO and Trade in Natural Resources’, in Laurence Boisson de Chazournes, Christina Leb and Mara Tignino (eds), International Law and Freshwater: The Multiple Challenges, Chapter 14, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 266–97 5. Francesco Sindico (2007), ‘Water Export Bans for Environmental Purposes Before the WTO: A Reflection of the Difficult Relationship Between Trade and Environment’, Revue Hellénique de Droit International, 60, 153–72 6. Jorge E. Vinuales (2009), ‘Access to Water in Foreign Investment Disputes’, Georgetown International Environmental Law Review, 21 (4), 733–51 PART II WATER AND THE PROTECTION OF THE ENVIRONMENT 7. Richard B. Bilder (1972), ‘Controlling Great Lakes Pollution: A Study in United States-Canadian Environmental Cooperation’, Michigan Law Review, 70 (3), January, 469–556 8. Laurence Boisson de Chazournes, Christina Leb and Mara Tignino (2011), ‘Environmental Protection and Access to Water: The Challenges Ahead’, in Michael R. Van der Valk and Penelope Keenan (eds), The Right to Water and Water Rights in a Changing World, Chapter 2, Delft, Netherlands: UNESCO, 9–24 9. Johan G. Lammers (1984), ‘Treaty Law’, in Pollution of International Watercourses: A Search for Substantive Rules and Principles of Law, Chapter IV, The Hague, Netherlands: Martinus Nijhoff, 89–123 10. Ludwik A. Teclaff (1976), ‘Harmonizing Water Resources Development and Use with Environmental Protection in Municipal and International Law’, Natural Resources Journal, 16 (4), October, 807–61 PART III WATER AND INSTITUTIONAL COOPERATION 11. Dante A. Caponera (1985), ‘Patterns of Cooperation in International Water Law: Principles and Institutions’, Natural Resources Journal, 25 (3), July, 563–87 12. Lilian del Castillo Laborde (2008), ‘The Rio de la Plata River Basin: The Path Towards Basin Institutions’, in Olli Varis, Cecilia Tortajada and Asit K. Biswas (eds), Management of Transboundary Rivers and Lakes, Chapter 11, Berlin, Germany: Springer-Verlag, 269–92 13. Ellen Hey (2009), ‘Multi-Dimensional Public Governance Arrangements for the Protection of the Transboundary Aquatic Environment in the European Union: The Changing Interplay Between European and Public International Law’, International Organizations Law Review, 6 (1), 191–223 14. Makane Moïse Mbengue (2014), ‘A Model for African Shared Water Resources: The Senegal River Legal System’, Review of European Community and International Environmental Law, 23 (1), April, 59–66 15. Salman M.A. Salman (2009), ‘The Notification Process’ and ‘Objections to Bank-Financed Projects’, in The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis, Chapters 5–6, Washington, DC: World Bank, 105–60 PART IV INTERNATIONAL PEACE AND SECURITY, AND DISPUTE SETTLEMENT 16. Laurence Boisson de Chazournes (2013), ‘Dispute Settlement Procedures and Fresh Water: Multiplicity and Diversity at Stake’, in Nerina Boschiero, Tullio Scovazzi, Cesare Pitea and Chiara Ragni (eds), International Courts and the Development of International Law: Essays in Honour of Tullio Treves, Part III, The Hague, Netherlands: Asser Press, 109–20 17. Jutta Brunnée and Stephen J. Toope, (1997), ‘Environmental Security and Freshwater Resources: Ecosystem Regime Building’, American Journal of International Law, 91 (1), January, 26–59 18. Salman M.A. Salman (2013), ‘Mediation of International Water Disputes — The Indus, the Jordan, and the Nile Basins Interventions’, in Laurence Boisson de Chazournes, Christina Leb and Mara Tignino (eds), International Law and Freshwater: The Multiple Challenges, Chapter 18, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 360–405 19. Jeffrey D. Stein (2011), ‘Waging Waterfare: Israel, Palestinians, and the Need for a New Hydro-Logic to Govern Water Rights Under Occupation’, New York University Journal of International Law and Politics, 44 (1), 165–217 20. Mara Tignino (2010), ‘Water, International Peace, and Security’, International Review of the Red Cross, 92 (879), September, 647–74 Index

Read more less

Book SynopsisThis two-volume set contains a representative selection of leading articles by outstanding scholars, practitioners, and policymakers in the field of international environmental law (IEL). Professor Anton has organized the contributions along three major lines: firstly, the papers explore the challenge of transnational environmental problems and the nature of IEL, including fundamental principles and concepts, actors, and compliance and enforcement. Secondly, the development and application of IEL in the context of specific regimes is explored, including atmosphere, oceans, and hazardous substances. Finally, the volumes examine how IEL interacts with other international legal regimes, including international trade and human rights. All the contributions reflect a broad diversity of views and cover the most important key areas currently debated in IEL.Alongside an original introduction by the editor, this collection is a valuable tool for scholars, researchers, practitioners, and students with an interest in international environmental law.Table of ContentsContents: Introduction Donald K. Anton PART I AN OVERVIEW OF THE CHALLENGE AND EMERGENCE OF INTERNATIONAL LEGAL RESPONSES 1. Manfred Lachs (1990), ‘The Challenge of the Environment’, International and Comparative Law Quarterly, 39, 663–69 2. Oscar Schachter (1991), ‘The Emergence of International Environmental Law’, Journal of International Affairs, 44, 457–93 3. Edith Brown Weiss (1993), ‘International Environmental Law: Contemporary Issues and the Emergence of a New World Order’, Georgetown Law Journal, 81, 675–710 4. Timo Koivurova (2014), ‘Basic Issues in International Environmental Law’, in Introduction to International Environmental Law, Chapter 1, 8–26 (do not include pictures or text boxes) PART II UNDERLYING PRINCIPLES AND CONCEPTS 5. Rüdiger Wolfrum (1990), ‘Purposes and Principles of International Environmental Law’, 33, 308–30 6. Philippe Sands & Jacqueline Peel (with Adriana Fabra & Ruth MacKenzie) (2012), ‘General Principles and Rules’, in Principles of International Environmental Law, 3rd ed, Chapter 6, 187–237 PART III NORMATIVITY 7. Malgosia A. Fitzmaurice (2001), ‘International Environmental Law: Sources, Formation and Kinds of Legal Rules’, in International Protection of the Environment, Chapter II, 96–149 8. Pierre-Marie Dupuy (2007), ‘Formation of Customary International Law and General Principles’, in The Oxford Handbook of International Environmental Law, Chapter 19, 449–65 (do not include recommended reading) 9. Jutta Brunnée (2002), ‘Coping with Consent: Law-Making under Multilateral Environmental Agreements’, Leiden Journal of International Law, 15, 1–52 10. Robin R. Churchill and Geir Ulfstein (2000), ‘Autonomous Institutional Arrangements in Multilateral Environmental Agreements: A Little-Noticed Phenomenon in International Law’, American Journal of International Law, 94 (4), 623–59 11. Naomi Roht-Arriaza (1995), ‘Shifting the Point of Regulation: The International Organization for Standardization and Global Lawmaking on Trade and the Environment’, Ecology Law Quarterly, 22, 479–539 PART IV ACTORS, INSTITUTIONS AND GOVERNANCE 12. Kal Raustiala, (1997) ‘States, NGOs, and International Institutions’ International Studies Quarterly, 41, 719–40 13. Gerhard Loibl (2001), ‘The Role of International Organisations in International Law-Making International Environmental Negotiations - An Empirical Study’ Non-State Actors and International Law 1, 41–66 14. Steven R. Ratner (2001), ‘Corporations and Human Rights: A Theory of Legal Responsibility’, Yale Law Journal 111, 443–545 15. Daniel C. Esty and Maria H. Ivanova, (2002) ‘Revitalizing Global Environmental Governance: A Function-Driven Approach, in Global Environmental Governance: Options and Opportunities (Daniel C. Esty & Maria H. Ivanova, eds.) chap 10, 181–203 16. Nathalie Bernasconi-Osterwalder and David Hunter (2002), ‘Democratizing Multilateral Development Banks’ in The New “Public”: The Globalization of Public Participation, 151–64 17. Ellen Hey (2003), ‘Sustainable Development, Normative Development and the Legitimacy of Decision Making’ Netherlands Yearbook of International Law 24, 3–53 PART V ISSUE AREAS AND SUBSTANTIVE LAW 18. Martti Koskenniemi (1992), ‘Breach of Treaty or Non-Compliance? Reflections on the Enforcement of the Montreal Protocol’, Yearbook of International Environmental Law, 3, 123¬–62 19. Peter H. Sand (1996), ‘Institution-Building to Assist Compliance with International Environmental Law: Perspectives’ Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 56, 774–95 20. Alexander Gillespie (2003), ‘Implementation and Compliance Concerns in International Environmental Law: The State of the Art Within Three International Regimes’ New Zealand Journal of Environmental Law 7, 53–84 21. Carsten Helm & Detlef Sprinz, (2000) ‘Measuring the Effectiveness of International Environmental Regimes’ Journal of Conflict Resolution 44, 630–52 22. Ronald B. Mitchell, (2002) ‘A Quantitative Approach to Evaluating International Environmental Regimes’ Global Environmental Politics 2, 58–83 Volume II Contents: Introduction An introduction by the editors appears in Volume I PART I ISSUE AREAS AND SUBSTANTIVE LAW A Atmosphere 1. Phoebe Okowa (2006), ‘The Legacy of Trail Smelter in the Field of Transboundary Air Pollution’, in Rebecca M. Bratspies and Russell A. Miller (eds), Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration, Chapter 16, 195–208 2. David D. Caron (1991), ‘Protection of the Stratospheric Ozone Layer and the Structure of International Environmental Lawmaking’, Hastings International and Comparative Law Review, 14, 755–80 3. Daniel Bodansky (2011), ‘A Tale of Two Architectures: The Once and Future U.N. Climate Change Regime’, Arizona State Law Journal, 43, 697–712 B The Oceans 4. Moira L. McConnell and Edgar Gold ( ), ‘The Modern Law of the Sea: Framework for Protection and Preservation of the Marine Environment’, Case Western Reserve Journal of International Law, 23, 83–105 5. Jonathan I. Charney (1994), ‘The Marine Environment and the 1982 United Nations Convention on the Law of the Sea’, International Lawyer, 28, 879–902 6. Lee Kimball (2003), ‘International Ocean Governance’, 7–84 7. David Freestone, (2012) ‘International Governance, Responsibility and Management of Areas beyond National Jurisdiction’ International Journal of Marine and Coastal Law 27, 191–204 C Biodiversity 8. Michael J. Glennon, (1990) ‘Has International Law Failed the Elephant’ (1990) American Journal of International Law 84, 1–43 9. Catherine Tinker (1995), ‘A “New Breed” of Treaty: The United Nations Convention on Biological Diversity’, Pace Environmental Law Review, 12, 191–218 10. David R. Downes (1993), ‘New Diplomacy for the Biodiversity Trade: Biodiversity, Biotechnology, and Intellectual Property in the Convention on Biological Diversity’, Touro Journal of Transnational Law, 4, 1–46 11. Erik J. Molenaar, (2007) ‘Managing Biodiversity Beyond National Jurisdiction’ International Journal of Marine and Coastal Law 22, 89–124 12. Evanson Chege Kamau, Bevis Fedder and Gerd Winter (2010), ‘Nagoya Protocol on Access to Genetic Resources and Benefit Sharing: What is New and What are the Implications for Provider and User Countries and the Scientific Community’, Law, Environment and Development Journal, 6, 246–62 D Hazardous Substances and Technologies 13. Katharina Kummer, (1992) ‘The International Regulation of Transboundary Traffic in Hazardous Wastes: The 1989 Basel Convention’, International and Comparative Law Quarterly 41, 530–62 14. Richard W. Emory, Jr., (2001) ‘Probing the Protections of the Rotterdam Convention on Prior Informed Consent’, Colorado Journal of International Environmental Law and Policy 12, 47–70 15. Joel Mintz, (2001) ‘Two Cheers for Global POPs: A Summary and Assessment of the Stockholm Convention on Persistent Organic Pollutants’, Georgetown International Environmental Law Review, 14 16. Henrik Selin, (2014) ‘Global Environmental Law and Treaty-Making on Hazardous Substances: The Minamata Convention and Mercury Abatement’ Global Environmental Politics 14, 1–19 E Fresh Water 17. Stephen McCaffrey, (1994) ‘The Law of International Watercourses: Present Problems, Future Trends’ in A Law for the Environment, Essays in Honour of Wolfgang E. Burhenne, 113–35 18. John Scanlon & Alejandro Iza, (2003) ‘International Legal Foundations for Environmental Flows’ Yearbook of International Environmental Law, 14, 81–100 19. Patricia Wouters, Sergei Vinogradov & Bjørn-Oliver Magsig, (2008) ‘Water Security, Hydrosolidarity, and International Law: A River Runs Through It …’ Yearbook of International Enviornmental Law 19, 97–134 F The Polar Regions 20. Donald R. Rothwell, (2000) ‘Polar Environmental Protection and International Law: The 1991 Antarctic Protocol’ European Journal of International Law 11, 591–614 21. Kees Bastmeijer and Steven Hendel (2009), ‘The Role of the Protected Area Concept in Protecting the World' Largest Natural Reserve: Antarctica, Utrecht Law Review 5, 61–79 22. Timo Koivurova, (2003) ‘The Importance of International Environmental Law in the Arctic’ Finnish Yearbook of International Law 14, 341–54 23. Olav Schram Stokke, (2009) ‘Protecting the Arctic Environment: The Interplay of Global and Regional Regimes’ Yearbook of Polar Law 1, 349–70 PART II REGIME INTERACTION A Trade, Investment and the Environment 24. Thomas J. Schoenbaum, (1997) ‘International Trade and Protection of the Environment: The Continuing Search for Reconciliation’ American Journal of International Law 91, 268–313 25. Konrad von Moltke, (2002) ‘International Investment and Sustainability: Options for Regime Formation’ in The Earthscan Reader on International Trade and Sustainable Development (Kevin Gallagher & Jacob Werksman, eds.) chap 15, 345–69 B Human Rights and the Environment 26. Dinah Shelton, (2001) ‘Environmental Rights’ in Peoples’ Rights (Philip Alston, ed.) chap 6, 189–258 27. John H. Knox, (2009) ‘Climate Change and Human Rights Law’ Virginia Journal of International Law, 50, 163–218 C Use of Force and the Environment 28. Richard Falk, (1992) ‘The Environmental Law of War: An Introduction’ in Environmental Protection and the Law of War: A ‘Fifth Geneva’ Convention on the Protection of the Environment in Time of Armed Conflict chap 5, 78–95 29. Christopher D. Stone, (2000) ‘The Environment in Wartime: An Overview’ in The Environmental Consequences of War: Legal, Economic, and Scientific Perspectives (Jay E. Austin & Carl E. Bruch, eds.) chap 2, 16–38 Index

Read more less

Book SynopsisInternational copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved.Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject.Key features of the casebook:- Written by two leading authorities in the field- Carefully selected extracts from primary and secondary sources- Build a clear picture of the field- Expert analytical commentary and questions set the extracts in context- U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments- An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding- Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps- Leads students through the field from beginning to end.Trade Review‘Professors Ginsburg and Treppoz’s pioneer casebook, International Copyright Law: US and EU Perspectives, is a ground-breaking contribution of this kind. It sets up a framework, hands over a guide map to students and facilitates them with interpretation tools and vivid examples for their international copyright law journey. Elaborately designed questions imply further upgraded research possibilities from all angles and are challenging and inspiring not only to students but to scholars and practitioners.’ -- Journal of Contemporary European Research‘This book represents a unique synthetic presentation of today's positive law as regards international copyright law and its reception in the two main Western blocks. It is a must for students and teachers. Researchers, in my opinion, need the book since the sum it represents is what we all should know before drafting the first words of any opinion.’ -- International Review of Intellectual Property and Competition LawTable of ContentsContents: 1. History, Structure and Context of International Copyright Law PART I: APPLICABILITY OF INTERNATIONAL COPYRIGHT AND NEIGBOURING RIGHTS CONVENTIONS 2. From International Conventions to National Laws (or Relations between International and National Norms) 3. Points of Attachment of International Protection PART II: APPLICATION OF INTERNATIONAL COPYRIGHT AND NEIGHBOURING RIGHTS CONVENTIONS 4. National Treatment and Most-Favored-Nation Treatment 5. Substantive minima 6. Lacunae – Authorship and Ownership PART III: APPLICATION OF NATIONAL NORMS: PRIVATE INTERNATIONAL LAW Introduction to International Private Law and its Application to Copyright and Neighbouring Rights 7. Jurisdiction to Adjudicate (Judicial Competence) 8. Conflict of Laws (Legislative Competence) 9. Recognition of Judgments Index

Read more less

Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike.Key features include: Concise and compact overview of the CISG Includes contemporary developments Provides a theoretical basis for evaluating international sales law Considers perspectives of economic analysis of law. Trade ReviewThe CISG's significance lies as much in the advances it has generated in understanding the legal challenges and opportunities presented by a genuinely global economy as in its direct impact on world trade. The Advanced Introduction to International Sales Law is a superb example of this phenomenon. Professor Gillette, a master of the law and economics perspective, raises fundamental questions about the purposes and success of the CISG, and then rigorously deploys those questions throughout the volume to elucidate and evaluate the substantive provisions of this broadly-accepted treaty. The result is an essential tool for those who seek a sophisticated introduction to the CISG, and a must-read for all those engaged in the search for the best approaches to the legal challenges presented by international trade. --Harry Flechtner, University of Pittsburgh, School of LawThis is a stimulating short treatment of the CISG written by a leading authority on the subject. It usefully reminds us of the purpose that should be served by legislation of this type - the setting of default standards that abbreviate the negotiating process that should otherwise have led to those same standards. By pointing to the merits of competition between legal systems and instruments, it is also a timely response to uncritical exponents of uniform law. --Michael Bridge, London School of Economics, UKA must-have for CISG scholars and practitioners that offers a unique perspective on the CISG, in that it analyzes the CISG's provisions in light of whether they mirror the legal rules international actors would choose for themselves --Franco Ferrari, New York University, School of LawTable of ContentsContents: 1. Why Uniform International Commercial Law? 2. The Scope of the CISG 3. Contract Formation and Terms 4. Interpretation 5. Performance 6. Risk of Loss 7. Exemption 8. Remedies for Breach Index

Read more less

Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike.Key features include: Concise and compact overview of the CISG Includes contemporary developments Provides a theoretical basis for evaluating international sales law Considers perspectives of economic analysis of law. Trade ReviewThe CISG's significance lies as much in the advances it has generated in understanding the legal challenges and opportunities presented by a genuinely global economy as in its direct impact on world trade. The Advanced Introduction to International Sales Law is a superb example of this phenomenon. Professor Gillette, a master of the law and economics perspective, raises fundamental questions about the purposes and success of the CISG, and then rigorously deploys those questions throughout the volume to elucidate and evaluate the substantive provisions of this broadly-accepted treaty. The result is an essential tool for those who seek a sophisticated introduction to the CISG, and a must-read for all those engaged in the search for the best approaches to the legal challenges presented by international trade. --Harry Flechtner, University of Pittsburgh, School of LawThis is a stimulating short treatment of the CISG written by a leading authority on the subject. It usefully reminds us of the purpose that should be served by legislation of this type - the setting of default standards that abbreviate the negotiating process that should otherwise have led to those same standards. By pointing to the merits of competition between legal systems and instruments, it is also a timely response to uncritical exponents of uniform law. --Michael Bridge, London School of Economics, UKA must-have for CISG scholars and practitioners that offers a unique perspective on the CISG, in that it analyzes the CISG's provisions in light of whether they mirror the legal rules international actors would choose for themselves --Franco Ferrari, New York University, School of LawTable of ContentsContents: 1. Why Uniform International Commercial Law? 2. The Scope of the CISG 3. Contract Formation and Terms 4. Interpretation 5. Performance 6. Risk of Loss 7. Exemption 8. Remedies for Breach Index

Read more less

Book SynopsisThis innovative Research Handbook explores judicial, scholarly, and theoretical approaches to general principles in the EU legal order against the backdrop of considerable uncertainty about the concept. It does so by analysing both a diverse range of general principles in discrete areas of EU law (‘zooming in’) and external, wider perspectives on the notion of a general principle of law from international law, comparative law, and legal theory (‘zooming out’).Rather than arguing for a single closed definition of what a general principle of law in the EU legal order must look like, this Research Handbook identifies conceptual, theoretical, and legal parameters within which the doctrine of general principles can be meaningfully discussed and contested in EU law. The different analytical layers built into this Research Handbook shed light on whether general principles are defined by the different contexts in which they apply; whether general principles are in practice leading to more coherence between different areas of EU law; and what challenges they create for the EU legal order. Chapters thus contribute to a more refined methodological and doctrinal understanding of general principles in the EU legal order.Opening up new spaces to critically reflect on the concept, role, significance, and limitations of general principles, the Research Handbook on General Principles in EU Law will be a key resource for scholars and students of European law, politics, and theory of integration and internationalisation.Trade Review‘The appeal of general principles lies in their capacity to provide a systematic framework according to which to develop a legal order. And yet does this not suggest an abstract, even illusory, claim to coherence? Where anyway do general principles come from? This book does a wonderfully rich job of navigating the many contexts in which general principles play a role in EU law, and provides a critical account of their several functions.’ -- Stephen Weatherill, University of Oxford, UK‘This is an appealing and comprehensive volume with an attractive line-up of authors and topics on a subject which is of perennial interest to European Union lawyers, namely the general principles of EU law. Touching on key questions of the relationship between national constitutional orders and the EU legal order, the role of the Court of Justice, and the sources of fundamental rights in EU law, the book is likely to be of considerable interest and utility to students and academics of European public law.’ -- Gráinne de Búrca, New York University, School of Law, USTable of ContentsContents: Introduction to the Research Handbook on General Principles in EU Law 1 Katja S. Ziegler, Päivi J. Neuvonen and Violeta Moreno-Lax PART I FOUNDATIONS AND PERSPECTIVES FROM INTERNATIONAL AND COMPARATIVE LAW 1 General principles in the EU legal order: past, present and future directions 7 Päivi J. Neuvonen and Katja S. Ziegler 2 General principles of law: treaty, historical, and normative foundations 25 Paul Craig 3 Harmonisation through general principles of law 40 Andreas von Arnauld 4 The use of substantive international law by the EU judiciary 62 Alexander Orakhelashvili 5 General principles of EU law and comparative law 82 Giuseppe Martinico PART II COMPETENCES 6 The equality of the Member States 99 Monica Claes 7 Loyalty and solidarity as general principles 118 Marcus Klamert 8 The principle of institutional balance: rise, eclipse and revival of a general principle of EU constitutional law 136 Sébastien Platon PART III STRUCTURAL AND FORMAL CONSTITUTIONAL PRINCIPLES 9 Four functions of the principle of primacy in the post-Lisbon case law of the European Court of Justice 157 Clara Rauchegger 10 The horizontal application of the general principles of EU law: nothing less than direct effect 173 Nicole Lazzerini 11 The principle of proportionality in EU law and its domestic application: ni tout à fait le même, ni tout à fait un autre 191 Eirik Bjorge and Jan Zglinski 12 General principles of procedural justice 209 Simona Demková and Herwig C.H. Hofmann 13 Autonomy of the EU legal order – a general principle? On the risks of normative functionalism and selective constitutionalisation 227 Violeta Moreno-Lax and Katja S. Ziegler PART IV CONSTITUTIONAL FOUNDING VALUES 14 Liberty and democracy as fundamental constitutional principles of EU law 254 Dora Kostakopoulou 15 The general principle of equality as a value commitment in EU law: scope, limits, and challenges 267 Päivi J. Neuvonen 16 The rule of law as the constitutional foundation of the general principles of EU law 287 Theodore Konstadinides 17 General principles: taking rights seriously and waving the rule-of-law stick in the European Union 308 Xavier Groussot and Johan Lindholm 18 Human rights and general principles: beyond the EU Charter of Fundamental Rights 327 Katja S. Ziegler and Aristi Volou PART V EQUAL TREATMENT AND NON-DISCRIMINATION 19 General principles of equal treatment in EU non-discrimination law 350 Christa Tobler 20 General principle of equality between men and women 366 Jule Mulder PART VI FREE MOVEMENT AND INTERNAL MARKET 21 General principles in free movement law: applicability and application 386 Jukka Snell 22 The prohibition of abuse of EU law: a special general principle 401 Graham Butler and Karsten Engsig Sørensen 23 General principles of EU law in EU antitrust 422 Max Hjärtström and Julian Nowag 24 General principles in EU state aid law 440 Oana Stefan 25 General principles in EU public procurement law 461 Sylvia de Mars PART VII PRIVATE LAW 26 The many (general) principles of EU private law 480 Lucinda Miller 27 General principles of EU corporate and insolvency law 498 Federico M. Mucciarelli PART VIII AREA OF FREEDOM, SECURITY AND JUSTICE 28 General principles and EU criminal law 512 Ester Herlin-Karnell 29 Mutual trust as a driver of integration: which way forward? 529 Cristina Sáenz Pérez 30 Data protection and general principles of EU law 544 Wouter van Ballegooij 31 The child’s best interests as a gap filler and expander of EU law in internal situations 562 Iris Goldner Lang PART IX EXTERNAL RELATIONS 32 EU general principles in external relations: shaping the EU as a global actor and dealing with its accountability 575 Anne Thies 33 The external dimension of the principle of conferral: division of competences in international trade 592 Ewa Żelazna 34 General principles in EU common foreign and security policy 606 Ramses A. Wessel Index

Read more less

Book SynopsisThe shipwrecks of WWI constitute a vast, dispersed and distinctive underwater legacy. This insightful book addresses the need to rethink how they can be protected, through an examination of both private and public international law and the conventions governing them. The recent centenary of WWI has prompted a shift in the way attention is focused on legacy wrecks. In this timely book, Craig Forrest considers both the development and current state of the laws that apply to these wrecks, as well as the issues that surround them, such as regulated and unregulated salvage and the potentially hazardous nature of wrecks left in situ. The author then deftly analyses the adequacy of the existing legal framework, in particular the Convention on the Protection of Underwater Cultural Heritage, to fulfill its promise of protecting legacy wrecks for future generations as historical and archaeological resources, memorials and, more importantly, as maritime war graves. This incisive book will prove necessary reading for all with an interest in underwater cultural heritage and its protection, including academics, practitioners and managers, government officials and policymakers. Underwater archaeologists and others interested in maritime law and naval history more broadly will also find its unique analysis useful.Trade Review‘In this book Professor Craig Forrest offers a thoroughly researched, lucid, and comprehensive examination of the law and current affairs surrounding “legacy ships” sunk during World War I. The book will be a helpful tool for any organization, lawyer or government considering issues surrounding “legacy wrecks” whether sunk before or after WWI. The book is a meticulously researched and carefully structured contribution to wreck and heritage law, and to the discussion on the governance of such resources more generally.’ -- Eric Mahcum and Luke Hunter, Ocean Yearbook‘The author’s skill in exploring the complexity of the law and international conventions on the law of the sea is precise. The book’s standard of presentation, editing and binding is a credit to the author and publisher. The contents of chapters, tables, legislation, citation of cases and index is professional and easy to follow when referring to matters discussed in the various chapters. The citing of footnotes is accurate and detailed. I commend the book to those with an interest in naval history.’ -- James Unkles, Law Institute Journal'A timely piece of legal writing on maritime war graves, a topic generally neglected in the literature, offered by the specialist on this question from a law of the sea and maritime law perspective. Answering the main challenges posed by the subject through a masterful use of practice, jurisprudence and normative developments, Craig Forrest offers a complete analysis of, as well as solutions to, the problem of protecting these legacies beneath the waters that are simultaneously venerated places, archaeological sites and public properties of the flag States.' --Mariano Aznar, Universitat Jaume I, Spain'An excellent and much-needed overview of the cultural heritage of the Great War at sea and its relationship to the law. Craig Forrest has produced a readable narrative which goes beyond dry legal argument to contextualise the archaeological and regulatory landscape as it affects nations and sea users today. An impressive, comprehensive and important contribution.' --Innes McCartney, Bournemouth University, UKTable of ContentsContents: 1. The War at Sea 2. The Legacy 3. The Legal Framework 4. Legacy Wrecks as Objects of Salvage 5. Legacy Wrecks as Threats 6. Legacy Wrecks as Historical and Archaeological Sites 7. Legacy Wrecks as Memorials and Maritime War Graves 8. The UK and the UCH Convention 9. The Future Index

Read more less

Book SynopsisAs development policy moves away from considering the state as the primary driver of economic growth it is necessary to consider the institutional foundations of the market economy. It has been argued that without legal systems that allow for innovation and enterprise, all other attempts to improve economic growth are destined to fail. Law and Development offers an unparalleled assessment of the role of legal systems in development by extending the analytical framework of New Institutional Economics (NIE). Using empirical tests to critique Legal Origin Theory, and assess the role of culture in the formation of the legal environment, this book proposes that cultural factors are much more significant than allowed for by previous frameworks. This book will be invaluable for students of law and development, as well as academics researching the role of institutions. It provides a sound framework for considering legal reform and offers nuanced insights for policymakers interested in economic development.Trade Review'Professor Stephen's book provides a masterful review and critical assessment of the implications of the New Institutional Economics for market-based economic development, with an insightful focus on transaction costs, contract, property rights, institutions, and culture. It is the most compact and accessible overview of this influential body of scholarship available to date.' --Michael Trebilcock, University of Toronto, Canada'Law and Development is an excellent contribution to our understanding of the role of law in market-led development. The book provides a masterful assessment of theories of development and the role of the legal system. In a fascinating and exceptionally well-written and systematic analysis, Professor Stephen uses new institutional economics to develop a theory of the role of law in development and to analyze empirically the importance of the financial sector for growth, the importance of the legal system for financial sector development, and the role of culture in determining the effectiveness of the legal system.' --Mary M. Shirley, President of the Ronald Coase Institute, USTable of ContentsContents: Preface Part I Introduction 1. How we got here 2. New Institutional Economics Part II Legal Systems and Development 3. Legal Origin Theory and the Transplant Effect 4. A New Institutional Economics Approach to Law and Development Part III Finance and Development 5. Financial Markets 6. Estimating the determinants of growth: an empirical exploration of an NIE framework Part IV: Conclusions 7. Conclusions References Index

Read more less

Book SynopsisThis collection canvasses the growing literature on international family law, extending from the traditional private law governing cross-border families, to multi-lateral treaties on subjects such as child abduction and intercountry adoption, to the framework of international human rights law that shapes domestic and international family law systems. Volume I explores the internationalization of family law and considers adult relationships, whilst Volume II examines parent–child relationships. All of the articles are tied together in the Editor’s introductory essay, which provides a useful and insightful overview.Edited by a leading authority in the field, this collection will prove to be an invaluable and essential research tool for all international family law academics, researchers and practitioners.Trade Review‘In this comprehensive two volume work, Professor Estin has gathered a rich array of articles by internationally known experts from many countries. It is a wonderful resource for anyone studying, researching or practicing in the increasingly global setting of contemporary family law.’ -- Barbara Bennett Woodhouse, Emory University, USTable of ContentsContents: Introduction Ann Laquer Estin PART I THE EMERGENCE OF INTERNATIONAL FAMILY LAW 1. Elisabeth Beck-Gernsheim (2012), ‘From Rights and Obligations to Contested Rights and Obligations: Individualization, Globalization and Family Law’, Theoretical Inquiries in Law, 13 (1), January, 1–14 2. Adair Dyer (1997), ‘The Internationalization of Family Law’, University of California, Davis, Law Review, 30 (3), Spring, 625–45 3. Brenda Hale (2009), ‘Families and the Law: The Forgotten International Dimension’, Child and Family Law Quarterly, 21, 413–22 4. Fernanda G. Nicola (2010), Family Law Exceptionalism in Comparative Law’, American Journal of Comparative Law, 58, 777–810 5. Helen Stalford (2002), ‘Concepts of Family Under EU Law – Lessons from the ECHR’, International Journal of Law, Policy and the Family, 16 (3), December, 410–34 6. Daniel Thym (2008), ‘Respect for Private and Family Life Under Article 8 ECHR in Immigration Cases: A Human Right to Regularize Illegal Stay?’, International and Comparative Law Quarterly, 57 (1), January, 87–112 PART II MARRIAGE AND PARTNER RELATIONSHIPS A Marriage Across Borders 7. Willis L.M. Reese (1979), ‘The Hague Convention on Celebration and Recognition of the Validity of Marriages’, Virginia Journal of International Law, 20 (1), 25–36 8. Ryiah Lilith (2000–2001), ‘Buying a Wife but Saving a Child: A Deconstruction of Popular Rhetoric and Legal analysis of Mail-Order Brides and Intercountry Adoptions’, Buffalo Women's Law Journal, IX, 225–62 B Marriage and Human Rights 9. Catherine Dauvergne and Jenni Milbank (2010), ‘Forced Marriage as a Harm in Domestic and International Law’, Modern Law Review, 73 (1), January, 57–88 10. Ruth Gaffney-Rhys (2011), ‘International Law as an Instrument to Combat Child Marriage’, International Journal of Human Rights, 15 (3), March, 359–73 11. Egon Schwelb (1963), ‘Marriage and Human Rights’, American Journal of Comparative Law, 12 (3), Summer, 337–83 12. Alison Symington (2001), ‘Dual Citizenship and Forced Marriages’, Dalhousie Journal of Legal Studies, 10, 1–35 C Traditional and Religious Marriage Law 13. Fareda Banda (2003), ‘Global Standards: Local Values’, International Journal of Law, Policy and the Family, 17 (1), April, 1–27 14. Javaid Rehman (2007), ‘The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory and Practice of Polygamy and Talaq’, International Journal of Law, Policy and the Family, 21 (1), April, 108–27 D Informal Cohabitation Relationships 15. Jens M. Scherpe (2005), ‘Protection of Partners in Informal Long-Term Relationships’, International Law FORUM du Droit International, 7 (3), 206–13 E Same-Sex Marriage and Partnerships 16. Nicholas Bamforth (2011), ‘Families But Not (Yet) Marriages? Same-Sex Partners and the Developing European Convention Margin of Appreciation’, Child and Family Law Quarterly, 23 (1), 128–43 17. Katharina Boele-Woelki (2008), ‘The Legal Recognition of Same-Sex Relationships within the European Union’, Tulane Law Review, 82 (5), May, 1949–81 PART III FAMILY BREAKDOWN A Divorce and Matrimonial Property 18. Mary Ann Glendon (1974), ‘Matrimonial Property: A Comparative Study of Law and Social Change’, Tulane Law Review, 49, 21–83 19. Friedrich Juenger (1972), ‘Recognition of Foreign Divorces-British and American Perspectives’, American Journal of Comparative Law, 20 (1), Winter, 1–37 20.Jan-Jaap Kuipers (2012), ‘The Law Applicable to Divorce as Test Ground for Enhanced Cooperation’, European Law Journal, 18 (2), March, 201–29 21. J. Thomas Oldham (2008), ‘What If the Beckhams Move to L.A. and Divorce? Marital Property Rights of Mobile Spouses When They Divorce in the United States’, Family Law Quarterly, 42 (2), Summer, 263–93 22. Alan Reed (1996), ‘Transnational Non-Judicial Divorces: A Comparative Analysis of Recognition Under English and US Jurisprudence’, Loyola of Los Angeles International and Comparative Law Review, 18 (2), 311–37 23. Máire Ní Shúilleabháin (2010), ‘Ten Years of European Family Law: Retrospective from a Common Law Perspective’, International and Comparative Law Quarterly, 59 (4), October, 1021–53 B Personal/Religious Family Law 24. Gillian Douglas, Norman Doe, Sophie Gillat-Ray, Russell Sandberg and Asma Khan (2012), ‘The Role of Religious Tribunals in Regulating Marriage and Divorce’, Child and Family Law Quarterly, 24 (2), 139–57 25. Pascale Fournier (2010), ‘Flirting with God in Western Secular Courts: Mahr in the West’, International Journal of Law, Policy and the Family, 24 (1), April, 67–94 26. Hadas Tagari (2012), ‘Personal Family Law Systems - A Comparative and International Human Rights Analysis’, International Journal of Law in Context, 8 (2), June, 231–52 C Domestic Violence 27. Barbara Stark (2001), ‘Domestic Violence and International Law: Good-Bye Earl (Hans, Pedro, Gen, Chou, etc.)’, Loyola Law Review, 47, 255–82 28. Adam Weiss (2009), ‘Transnational Families in Crisis: An Analysis of the Domestic Violence Rule in EU Free Movement Law’, Michigan Journal of International Law, 30 (3), Spring, 841–79 Volume II An introduction to both volumes by the editor appears in Volume I PART I PARENTS AND CHILDREN A Childrens’ Rights 1. Philip Alston (1994), ‘The Best Interests Principle: Towards a Reconciliation of Culture and Human Rights’, International Journal of Law and the Family, 8 (1), April, 1–25 2. Patrick Glen (2012), ‘The Removability of Non-Citizen Parents and the Best Interests of Citizen Children: How to Balance Competing Imperatives in the Context of Removal Proceedings’, Berkeley Journal of International Law, 30 (1), 1–34 3. Ursula Kilkelly (2002), ‘Effective Protection of Children's Rights in Family Cases: An International Approach’, Transnational Law and Contemporary Problems, 12 (2), Fall, 335–54 B Marital and Nonmarital Children 4. Samantha Besson (2007), ‘Enforcing the Child's Right to Know Her Origins: Contrasting Approaches Under the Convention on the Rights of the Child and the European Convention on Human Rights’, International Journal of Law, Policy and the Family, 21 (2), August, 137–59 5. Marie-Thérèse Meulders-Klein (1990), ‘The Position of the Father in European Legislation’, International Journal of Law and the Family, 4 (2), August, 131–53 6. Shabnam Ishaque (2008), ‘Islamic Principles On Adoption: Examining The Impact Of Illegitimacy And Inheritance Related Concerns In Context Of A Child's Right To An Identity’, International Journal of Law, Policy and the Family, 22 (3), December, 393–420 7. Julia Sloth-Nielsen, Lorenzo Wakefield and Nkatha L. Murungi (2011), ‘Does the Differential Criterion for Vesting Parental Rights and Responsibilities of Unmarried Parents Violate International Law? A Legislative and Social Study of Three African Countries’, Journal of African Law, 55 (2), October, 203–29 C Intercountry Adoption 8. Elizabeth Bartholet (2014), ‘Intergenerational Justice for Children: Restructuring Adoption, Reproduction and Child Welfare Policy’, Law and Ethics of Human Rights, 8 (1), May, 103–30 9. Jorge L. Carro (1994), ‘Regulation of Intercountry Adoption: Can the Abuses Come to and End?’, Hastings International and Comparative Law Review, 18, 121–56 10. William Duncan (2006), ‘Nationality and the Protection of Children Across Frontiers, and the Example of Intercountry Adoption’, Yearbook of Private International Law, VIII, 75–86 [12] 11. Alexandra Maravel (1996), ‘The U.N. Convention on the Rights of the Child and the Hague Conference on Private International Law: The Dynamics of Children's Rights Through Legal Strata’, Transnational Law and Contemporary Problems, 6, Fall, 309–28 12. Peter Selman (2002), ‘Intercountry Adoption in the New Millennium; The "Quiet Migration" Revisited’, Population Research and Policy Review, 21 (3), June, 205–25 13. David M. Smolin (2004), ‘Intercountry Adoption as Child Trafficking’, Valparaiso University Law Review, 39 (2), Winter, 281–325 D Global Surrogacy 14. Seema Mohapatra (2012), ‘Stateless Babies and Adoption Scams: A Bioethical Analysis of International Commercial Surrogacy’, Berkeley Journal of International Law, 30 (2), 412–51 15. Richard F. Storrow (2012), ‘”The Phantom Children of the Republic”: International Surrogacy and the New Illegitimacy’, American University Journal of Gender, Social Policy and the Law, 20 (3), 561–609 16. Katarina Trimmings and Paul Beaumont (2011), ‘International Surrogacy Arrangements: An Urgent Need for Legal Regulation at the International Level’, Journal of Private International Law, 7 (3), December, 627–47 PART II FAMILIES ACROSS BORDERS A Parental Responsibilities 17. D. Marianne Blair and Merle H. Weiner (2005), ‘Resolving Parental Custody Disputes—A Comparative Exploration’, Family Law Quarterly, Symposium on Comparative Custody Law, 39 (2), 247–66 18. Linda D. Elrod (2010), ‘National and International Momentum Builds for More Child Focus in Relocation Disputes’, Family Law Quarterly, 44 (3), Fall, 341–71, 373–74 19. Nigel Lowe (2002), ‘The 1996 Hague Convention on the Protection of Children—A Fresh Appraisal’, Child and Family Law Quarterly, 14 (2), 191–206 20. Linda Silberman (2000), ‘The 1996 Hague Convention on the Protection of Children: Should the United States Join?’, Family Law Quarterly, 34 (2), Summer, 239–70 21. Nicola Taylor, Robyn Fitzgerald, Tamar Morag, Asha Bajpai and Anne Graham (2012), ‘International Models of Child Participation in Family Law Proceedings Following Parental Separation / Divorce’, International Journal of Children’s Rights, 20 (4), 645–73 22. David B. Thronson (2005), ‘Of Borders and Best Interests: Examining the Experiences of Undocumented Immigrants in US Family Courts’, Texas Hispanic Journal of Law and Policy, 11, Fall, 45–73 B Child Abduction 23. Carol S. Bruch (2004), ‘The Unmet Needs of Domestic Violence Victims and Their Children in Hague Child Abduction Convention Cases’, Family Law Quarterly, 38 (3), Fall, 529–45 24. E.M. Clive (1997), ‘The Concept of Habitual Residence’, Juridical Review, 3, 137–47 25. Rhona Schuz (2002), ‘The Hague Child Abduction Convention and Children’s Rights’, Transnational Law and Contemporary Problems, 12, Fall, 393–452 26. Nigel V. Lowe and Victoria Stephens (2012), ‘Global Trends in the Operation of the 1980 Hague Abduction Convention’, Family Law Quarterly, 46 (1), Spring, 41–86 C Child Support 27. William Duncan (2009), ‘The New Hague Child Support Convention: Goals and Outcomes of the Negotiations’, Family Law Quarterly, 43 (1), Spring, 1–20 28. Badruddin Hj Ibrahim and Azizah Mohd (2011), ‘The Child’s Right to Maintenance: The Extent of the Family’s Responsibilities in Islamic Law and According to the Family Law Provisions of Muslim Countries’, Arab Law Quarterly, 25 (4), 401–22 29. Christine Skinner and Jacqueline Davidson (2009), ‘Recent Trends in Child Maintenance Schemes in 14 Countries’, International Journal of Law, Policy and the Family, 23 (1), April, 25–52 D Child and Adult Protection 30. Ann Laquer Estin (2011), ‘Global Child Welfare: The Challenges for Family Law’, Oklahoma Law Review, 63 (4), Summer, 691–722 31. Joëlle Long (2013), ‘Rethinking Vulnerable Adults’ Protection in the light of the 2000 Hague Convention’, International Journal of Law, Policy and the Family, 27 (1), April, 51–73 32. Robert G. Spector (2013), ‘The Vienna Convention on Consular Relations: The Most Neglected Provision of International Family Law’, Transnational Law and Contemporary Problems, 22, Fall, 643–54 Index

Read more less

Book SynopsisThis groundbreaking research review analyses leading work at the intersection of private international law and arbitration. Written by two recognised experts in the field, it covers wide range of topics, from international arbitration agreements and choice of law to the enforcement of awards and arbitration involving states. This authoritative study provides an essential research resource for students, academics and practitioners alike.Trade Review‘Coe and Childress have performed a great service by collecting in two volumes many of the seminal articles on private international law and arbitration. The collection will be of great value to practitioners and scholars alike.’Table of ContentsContents: Research Review Jack J. Coe, Jr. and Donald Earl Childress III PART I THE PROPER FORUM A. FORUM SHOPPING 1. Friedrich K. Juenger (1989), ‘Forum Shopping, Domestic and International’, Tulane Law Review, 63, 553–74 2. Franco Ferrari (2013), ‘Forum Shopping in the International Commercial Arbitration Context: Setting the Stage’, in Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers GmbH, 1–21 B. ALLOCATING ADJUDICATORY ASSIGNMENTS ABSENT AN ARBITRATION CLAUSE 3. Arthur T. von Mehren (1997), ‘The Case for a Convention-mixte Approach to Jurisdiction to Adjudicate and Recognition and Enforcement of Foreign Judgments’, Rabels Zeitschrift für ausländisches und internationales Privatrecht – Rabel Journal of Comparative and International Private Law, 61 (1), January, 86–92 4. Friedrich K. Juenger (2001), ‘Traveling to The Hague in a Worn-Out Shoe’, Pepperdine Law Review: International Law Weekend - West Symposium, 29 (1), 7–14 5. Ralf Michaels (2007), ‘Some Fundamental Jurisdictional Conceptions as Applied in Judgment Conventions’, in Eckart Gottschalk, Ralf Michaels, Giesela Rühl and Jan von Hein (eds.) Conflict of Laws in a Globalized World, Section II, Chapter 4, New York, NY, USA: Cambridge University Press, 29–62 C. PARTY AUTONOMY – DESIGNATING FORA 6. William W. Park (1995), ‘Illusion and Reality in International Forum Selection’, Texas International Law Journal, 30, 135–204 7. Louise Ellen Teitz (2005), ‘The Hague Choice of Court Convention: Validating Party Autonomy and Providing an Alternative to Arbitration’, American Journal of Comparative Law, 53 (3), Summer, 543–58 D. THE ARBITRATION ALTERNATIVE – FIRST AMONG EQUALS 8. Morris S. Rosenthal (1946), ‘Arbitration in the Settlement of International Trade Disputes’, Law and Contemporary Problems, Special Issue: International Trade Barriers, 11 (4), Summer–Autumn, 808–34 9. Soia Mentschikoff (1952), ‘The Significance of Arbitration – A Preliminary Inquiry’, Law and Contemporary Problems, Special Issue: Commercial Arbitration: Part II, 17 (4), Autumn, 698–710 10. Henry P. deVries (1984), ‘International Commercial Arbitration: A Transnational View’, Journal of International Arbitration, 1 (1), 7–20 11. Gilles Cuniberti (2008), ‘Beyond Contract – The Case for Default Arbitration in International Commercial Disputes’, Fordham International Law Journal, 32 (2), 417–88 12. Gary Born (2014), ‘BITs, BATs and Buts: Reflections on International Dispute Resolution’, Young Arbitration Review, 13, April, 6–14 13. Karl-Heinz Böckstiegel (2006), ‘The Role of Arbitration within Today’s Challenges to the World Community and to International Law’, Arbitration International, 22 (2), June, 165–77 PART II GOVERNING LAW AND SOURCES A. SYSTEMIC FUNDAMENTALS – TRANSNATIONAL ARBITRATION AND NATIONAL LEGAL SYSTEMS 14. F. A. Mann (1967), ‘Lex Facit Arbitrum’, in Pieter Sanders (ed.), International Arbitration: Liber Amicorum for Martin Domke, The Hague, the Netherlands: Martinus Nijhoff, 157–83 15. William W. Park (1983), ‘The Lex Loci Arbitri and International Commercial Arbitration’, International and Comparative Law Quarterly, 32 (1), January, 21–52 16. Jan Paulsson (1983), ‘Delocalisation of International Commercial Arbitration: When and Why it Matters’, International and Comparative Law Quarterly, 32 (1), January, 53–61 17. Julian D. M. Lew (2006), ‘Achieving the Dream: Autonomous Arbitration’, Arbitration International, 22 (2), June, 179–203 18. Emmanuel Gaillard (2012), ‘The Emerging System of International Arbitration: Defining “System”’, Proceedings of the Annual Meeting of the American Society of International Law, 106, March, 287–92 B. NATIONAL AND A-NATIONAL RULES OF DECISION IN ARBITRATION 19. Julian D. M. Lew (1997), ‘Determination of Applicable Substantive Law’, International Business Lawyer, 25, April, 157–60 20. Marc Blessing (1997), ‘Choice of Substantive Law in International Arbitration’, Journal of International Arbitration, 14 (2), 39–65 21. George A. Bermann (2010), ‘Mandatory Rules of Law in International Arbitration’, in Franco Ferrari and Stefan Kröll (eds), Conflict of Laws in International Arbitration, Munich, Germany: Sellier European Law Publishers, 325–39 22. Emmanuel Gaillard (2001), ‘Transnational Law: A Legal System or a Method of Decision Making?’, Arbitration International, 17 (1), March, 59–71 23. Friedrich K. Juenger (1995), ‘American Conflicts Scholarship and the New Law Merchant’, Vanderbilt Journal of Transnational Law, 28, 487–501 24. Lord Justice Mustill (1988), ‘The New Lex Mercatoria: The First Twenty–five Years’, Arbitration International, 4 (2), April, 86–119 25. Andreas F. Lowenfeld (1990), ‘Lex Mercatoria: An Arbitrator’s View’, Arbitration International, 6 (2), June, 133–50 26. Emmanuel Gaillard (1999), ‘Use of General Principles of International Law in International Long-Term Contracts’, International Business Lawyer, 27 (5), May, 214–24 27. Klaus Peter Berger (1997), ‘The Lex Mercatoria Doctrine and the UNIDROIT Principles of International Commercial Contracts’, Law and Policy in International Business, 28 (4), 943–90 28. Ralf Michaels (2014), ‘The UNIDROIT Principles as Global Background Law’, Uniform Law Review, 19 (4), December, 643–68 PART III NATIONAL AND A–NATIONAL PROCEDURAL STRUCTURES IN INTERNATIONAL ARBITRATION A. CONFLICTS OF LEGAL CULTURE AND ARBITRAL FLEXIBILITY 29. Andreas F. Lowenfeld (1985), ‘The Two-Way Mirror: International Arbitration as Comparative Procedure’, Michigan Yearbook of International Legal Studies, 7, 163–185 30. Siegfried H. Elsing and John M. Townsend (2002), ‘Bridging the Common Law-Civil Law Divide in Arbitration’, Arbitration International, 18 (1), March, 59–65 31. William W. Park (2003), ‘The 2002 Freshfields Lecture – Arbitration’s Protean Nature: The Value of Rules and the Risks of Discretion, Arbitration International, 19 (3), September, 279–301 B. STATUTORY CONVERGENCE AND DIVERGENCE 32. Gerold Herrmann (1984), ‘UNCITRAL’s Work Towards a Model Law on International Commercial Arbitration’, Pace Law Review: International Commercial Arbitration Issue, 4 (3), Spring, 537–80 33. Pieter Sanders (1995), ‘Unity and Diversity in the Adoption of the Model Law’, Arbitration International, 11 (1), March, 1–37 34. Fabien Gélinas (2013), ‘From Harmonized Legislation to Harmonized Law: Hurdles and Tools, Judicial and Arbitral Perspectives’, in Frédéric Bachand and Fabien Gélinas (eds), The UNCITRAL Model Law after Twenty–Five Years: Global Perspectives on International Commercial Arbitration, Part V, Chapter 13, New York, NY, USA: JurisNet, LLC, 261–75 35. Lord Justice Mustill (1990), ‘A New Arbitration Act for the United Kingdom? The Response of the Departmental Advisory Committee to the UNCITRAL Model Law, Arbitration International, 6 (1), March, 3–62 36. Daniel M. Kolkey (1990), ‘Reflections on the U.S. Statutory Framework for International Commercial Arbitrations: Its Scope, Its Shortcomings, and the Advantages of U.S. Adoption of the UNCITRAL Model Law’, American Review of International Arbitration, 1 (4), 491–534 Volume II Contents: Introduction An introduction to both volumes by the editors appears in Volume I PART I ENFORCEMENT AND CONTROL OF AWARDS A. QUALITY CONTROL BROADLY 1. William W. Park (2001), ‘Why Courts Review Arbitral Awards’, in Robert Briner, L. Yves Fortier, Klaus P. Berger and Jens Bredow (eds), Law of International Business and Dispute Settlement in the 21st Century: Liber Amicorum Karl-Heinz Böckstiegel, Cologne, Berlin, Bonn and Munich, Germany: Carl Heymanns Verlag, 595–606 2. Linda Silberman and Maxi Scherer (2013), ‘Forum Shopping and Post-Award Judgments’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers GmbH, 313–45 B. INTERNATIONAL COMMERCIAL ARBITRATION’S DUAL SYSTEM 3. Alan Scott Rau (2010), ‘Understanding (and Misunderstanding) “Primary Jurisdiction”’, American Review of International Arbitration, XXI (1–4), 47–188 4. George A. Bermann (2011), ‘The UK Supreme Court Speaks to International Arbitration: Learning from the Dallah Case’, American Review of International Arbitration, XXII (1), 1–20 PART II ARBITRATION INVOLVING STATES A. THE ARBITRAL FORUM – SOME HISTORIC BENCHMARKS 5. Arthur Nussbaum (1950), ‘The Arbitration between the Lena Goldfields, Ltd. and the Soviet Government’, Cornell Law Quarterly, 36 (1), Fall, 31–53 6. V. V. Veeder (1998), ‘The Lena Goldfields Arbitration: The Historical Roots of Three Ideas’, International and Comparative Law Quarterly, 47 (4), October, 747–92 7. Robert B. von Mehren and P. Nicholas Kourides (1981), ‘International Arbitrations between States and Foreign Private Parties: The Libyan Nationalization Cases’ American Journal of International Law, 75 (3), July, 476–552 B. GOVERNING LAW WHEN A STATE IS A PARTY 8. F. A. Mann (1960), ‘State Contracts and State Responsibility’, American Journal of International Law, 54 (3), July, 572–91 9. R. Y. Jennings (1961), ‘State Contracts in International Law’, British Yearbook of International Law, 37, 156–82 10. Richard B. Lillich (1994), ‘The Law Governing Disputes under Economic Development Agreements: Reexamining the Concept of “Internationalization’’’, in Richard B. Lillich and Charles N. Brower (eds), International Arbitration in the 21st Century: Towards “Judicialization” and Uniformity?, Chapter IV, Irvington, NY, USA: Transnational Publishers, Inc., 61–114 11. Georges R. Delaume (1989), ‘Comparative Analysis as a Basis of Law in State Contracts: The Myth of the Lex Mercatoria’, Tulane Law Review, 63 (3), February, 575–611 C. DECIDING DISPUTES INVOLVING ONE OR MORE STATE PARTIES 12. Oscar Schachter (1960), ‘The Enforcement of International Judicial and Arbitral Decisions’, American Journal of International Law, 54 (1), January, 1–24 13. Henri C. Alvarez (2004), ‘Setting Aside Additional Facility Awards: The Metalclad Case’, in Emmanuel Gaillard and Yas Banifatemi (eds), International Arbitration Series: Annulment of ICSID Awards: A Joint IAI-ASIL Conference, Washington, D.C. – April 1, 2003, Huntington, NY, USA: Juris Publishing, Inc., 267–88 14. Jack J. Coe, Jr. (2002), ‘Domestic Court Control of Investment Awards: Necessary Evil or Achilles Heel Within NAFTA and the Proposed FTAA?’, Journal of International Arbitration, 19 (3), 185–207 15. Timothy G. Nelson (2010), ‘Annulment of International Arbitration Awards: The Orinoco Steamship Case Sails On’, ASA Bulletin, 28 (2), June, 205–229 16. D. A. Redfern (1987), ‘ICSID – Losing its Appeal?’, Arbitration International, 3 (2), April, 98–118 17. W. Michael Reisman (1989), ‘The Breakdown of the Control Mechanism in ICSID Arbitration’, Duke Law Journal, 4, September, 739–807 18. Aron Broches (1991), ‘Observations on the Finality of ICSID Awards’, ICSID Review – Foreign Investment Law Journal, 6 (2), Fall, 321–79 19. W. Michael Reisman (1992), ‘Repairing ICSID’s Control System: Some Comments on Aron Broches’ “Observations on the Finality of ICSID Awards”’, ICSID Review – Foreign Investment Law Journal, 7 (1), Spring, 196–211 Index

Read more less

Book SynopsisThis research review provides thought-provoking discussion of the most influential papers in the field of comparative property law. These articles have played an essential role in shaping property law discourse on both a national and global level. The review carefully examines different concepts and aspects of property, including theoretical approaches and comparative perspectives, followed by a series of key constitutional questions. This structure offers the reader the opportunity to trace the evolution of comparative property law through the global legal community. Students, teachers and practitioners will find this analysis both a fascinating read and a helpful tool in thoroughly understanding the central, yet profoundly puzzling topic of comparative property law.Trade Review‘Through a stimulating compilation of break-through essays by outstanding legal scholars, this collection traces the history of legal ideas regarding and surrounding property. By identifying the link between old and new research perspectives on property law, the volumes take the reader from a static dimension and analysis of property, to a modern, dynamic, global and comparative approach to it.’ -- – Mauro Bussani, Univeristy of Trieste, Italy and University of Macao, S.A.R of the P.R. of ChinaTable of ContentsContents: Introduction Antonio Gambaro PART I HISTORICAL BACKGROUND OF CONTEMPORARY DISCOURSES 1. Peter Birks (1985), ‘The Roman Law Concept of Dominium and the Idea of Absolute Ownership’, Acta Juridica, 1985, 1–37 2. Carol M. Rose (1998–99), ‘Canons of Property Talk, or, Blackstone’s Anxiety’, Yale Law Journal, 108 (3), December, 601–32 PART II PROPERTY IN MODERN THEORY 3. Wesley Newcomb Hohfeld (1913), ‘Some Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 23 (1), November, 16–59 4. Wesley Newcomb Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning, Yale Law Journal, 26 (8), June, 710–70 5. A. M. Honoré (1961), ‘Ownership’, in A. G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, London, UK: Oxford University Press, 107–47 6. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review, 85 (6), April, 1089–1128 7. Bernard Rudden (1994), ‘Things as Thing and Things as Wealth’, Oxford Journal of Legal Studies, 14 (1), Spring, 81–97 8. Amnon Lehavi (2008), ‘The Property Puzzle’, Georgetown Law Journal, 96 (6), August, 1987–2027 9. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–1726 10. Thomas W. Merrill (2012), ‘Property as Modularity’, Harvard Law Review, 125 (7), May, 151–63 11. Christian von Bar and Ulrich Drobnig (2004), ‘Law of Things or Property Law?’, in The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative Study, Part 2: Section 1, Munich, Germany: Sellier European Law Publishers, 317–20 12. Anna di Robilant (2013), ‘Property: A Bundle of Sticks or a Tree?’, Vanderbilt Law Review, 66 (3), April, 869–932 PART III COMPARATIVE OVERVIEW 13. John Henry Merryman (1974), ‘Ownership and Estate (Variation on a Theme by Lawson)’, Tulane Law Review, 48, 916–45 14. Ugo Mattei (2000), ‘Preface’ and ‘History’, in Basic Principles of Property Law: A Comparative Legal and Economic Introduction, Preface and Chapter 1, Westport, CT, USA: Greenwood Press, xi–xiv, 1–27 15. Sjef van Erp (2006), ‘Comparative Property Law’, in Mathias Reimann and Reinhard Zimmermann, The Oxford Handbook of Comparative Law, Part III, Chapter 32, New York, NY, USA: Oxford University Press, 1044–70 16. Francesco Parisi (2002), ‘Entropy in Property’, American Journal of Comparative Law, 50 (3), Summer, 595–632 17. Michael Trebilcock and Paul-Erik Veel (2008), ‘Property Rights and Development: The Contingent Case for Formalization’, University of Pennsylvania Journal of International Law, 30 (2), 397–481 18. Anna di Robilant (2014), ‘Property and Democratic Deliberation: The Numerus Clausus Principle and Democratic Experimentalism in Property Law’, American Journal of Comparative Law, 62 (2), Spring, 301–350 19. Yun-chien Chang and Henry E. Smith (2015), ‘Structure and Style in Comparative Property Law’, in Theodore Eisenberg and Giovanni B. Ramello (eds), Comparative Law and Economics, Part II, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 131–60 Volume II Contents: Introduction An introduction to both volumes by the editor appears in Volume I PART I PROPERTY PROBLEMS IN COMPARATIVE PERSPECTIVES 1. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 2. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 3. Sjef van Erp (2003), ‘A Numerus Quasi-Clausus of Property Rights as a Constitutive Element of a Future European Property Law?’, Electronic Journal of Comparative Law, 7 (2), June, accessed on 7th December 2016, 1–12, http://www.ejcl.org/72/abs72-2.html 4. Christian von Bar (2014), ‘The Numerus Clausus of Property Rights: A European Principle?’, in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale, Chapter 23, Oxford, UK and Portland, OR, USA: Hart Publishing Ltd, 441–54 5. Henry Hansmann and Ugo Mattei (1998), ‘The Functions of Trust Law: A Comparative Legal and Economic Analysis’, New York University Law Review, 73 (2), May, 434–79 6. Michele Graziadei, Ugo Mattei and Lionel Smith (2005), ‘Commercial Trusts in European Private Law: The Interest and Scope of the Enquiry’, in Commercial Trusts in European Private Law, Part 1: Chapter 1, New York, NY, USA: Cambridge University Press, 3–44 7. Michael Milo and Jan Smits (2000), ‘Trusts in Mixed Legal Systems: A Challenge to Comparative Trust Law’, European Review of Private Law, 8 (3), 421–26 8. Daniel Clarry (2014), ‘Fiduciary Ownership and Trusts in a Comparative Perspective’, International and Comparative Law Quarterly, 63 (4), October, 901–33 9. J. W. Harris (1996), ‘Who Owns My Body’, Oxford Journal of Legal Studies, 16 (1), Spring, 55–84 10. Antonio Gambaro (2013), ‘Community, State, Individuals and the Ownership of Cultural Objects’, in Jorge A. Sánchez Cordero (ed.), The 1970 UNESCO Convention: New Challenges, Mexico City, Mexico: Universidad Nacional Autónoma de México, 135–49 11. Ulrich Bälz (1997), ‘Fundamental Changes in the Protection of Property – Some Comparative Reflections’, Tel Aviv University Studies in Law, 13, 221–30 PART II CONSTITUTIONAL PROPERTY 12. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 13. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–1258 14. Frank I. Michelman (1996), ‘Socio-Political Functions of Constitutional Protection for Private Property Holdings (In Liberal Political Thought)’, in G. E. Van Maanen and A. J. van der Walt (eds), Property Law on the Threshold of the 21st Century, Antwerp, Belgium and Apeldoorn, the Netherlands: MAKLU Uitgevers, 433–50 15. Carol M. Rose (2000), ‘Property and Expropriation: Themes and Variations in American Law’, Utah Law Review, 2000 (1), 1–38 16. Gregory S. Alexander (2006), ‘Lessons for American Takings Jurisprudence’, in The Global Debate over Constitutional Property: Lessons for American Takings Jurisprudence, Chapter 5, Chicago, IL, USA: University of Chicago Press, 199–243, 303–12 17. James Y. Stern (2013), ‘Property’s Constitution’, California Law Review, 101 (2), April, 277–326 Index

Read more less

Book SynopsisFor feminist international law scholars, practitioners, and advocates, the first two decades of the new millennium have produced moments of elation and disenchantment. In the Research Handbook on Feminist Engagement with International Law, a network of scholars and practitioners from a diverse group of countries contemplate the future of feminist engagement with international law. Can international law increase its relevance, beneficence, and impact for women in the developed and developing world? How can international law deal with a much wider range of issues relevant to women's lives than it currently does? What are the next frontiers for gender and international law making, law reform, and the beneficiaries of international law? The diverse global contributions to this Research Handbook delineate a future where feminist engagement with international law is robust, diverse, inclusive, influential, and leads to positive change in women's lives. The Research Handbook addresses larger themes of feminism and international law that will interest international law and gender studies scholars as well as HDR students. Additionally, this exploration will prove to be an asset to UN and INGO networks, regional organizations, and NGOs and social movements.Contributors include: J. Aeberhard-Hodges, S. Airey, M.P. Assis, B. Bennett, K. Chandrakirana, L. Chappell, H. Charlesworth, S.E. Davies, J.J. Dawuni, D. Estrada-Tanck, P. Finckenberg-Broman, G.M. Frisso, V. Fynn Bruey, J. Geng, F. Gerry, B. Goldblatt, R. Grey, M. Hansel, S. Harris Rimmer, R. Houghton, A. Isaac, M. Keyes, E. Larking, R. Maguire, A. O'Donoghue, D. Otto, K. Ogg, J. Ramji-Nogales, K. Rubenstein, S. Samar, G. Simm, N. Tzouvala, K. Woolaston, E. Yahyaoui KrivenkoTrade Review‘Susan Harris Rimmer and Kate Ogg have compiled an important volume on feminist engagement with international law. The editors build on recent research and scholarship produced on the subject, but also extend their inquiries to areas not previously covered by feminist scholars of international law in great detail, but which are of significance to the corpus of international law scholarship. . . . For those who teach, research, practice, or otherwise engage with international law, this volume is a useful source and a notable contribution to the literature.’ -- Penelope Andrews, American Journal of International Law‘This specialised expert text is a “must have” for anyone, wishing to better appreciate the opportunity feminist engagement with international law offers. It is plain that feminist engagement with any area of the law offers an exploration beyond “women as actors.” It is a distinct feature of this Research Handbook, and a particular success of its editors, the diversity of theoretical approaches and different methodologies outlined for the reader. A feminist approach is not singular and is instead best viewed as a rich web of different approaches and methodologies, which lend themselves particularly nicely to interdisciplinary research, embedded in the broader context. Readers are invited to explore this Research Handbook, as it is almost a guarantee that any reader, interested in international law, will find at least one contribution relevant to their own research, if not more.’ -- Feminist Legal Studies‘This is a highly recommended Research Handbook, which will be useful to both experts and readers who are new to feminist studies. . . . a “must have” for anyone, wishing to better appreciate the opportunity feminist engagement with international law offers.’ -- Metka Potočnik, Wolverhampton Law JournalTable of ContentsContents: Foreword Hilary Charlesworth 1. Introduction Kate Ogg and Susan Harris Rimmer 2. On Women, Peace and Security Sima Samar Part I: Diversifying Feminist Engagement with International Law 3. Women as Maker of International Law: Towards feminist diplomacy Susan Harris Rimmer 4. Wildlife and International Law: Can feminism transform our relationship with nature? Katie Woolaston 5. Gender, Climate Change and the United Nations Framework Convention on Climate Change Rowena Maguire 6. Can Global Constitutionalisation be Feminist? Aoife O’Donoghue and Ruth Houghton 7. Women in Private International Law Mary Keyes 8. Gender, Disasters and International Law Gabrielle Simm 9. ‘Sexing’ consent in international law Siobhán Airey 10. Practitioner Perspective State Aid Prohibition as an Instrument in the Gender War – Promoting Work for Women in the European Union? Pamela Finckenberg-Broman Part II: Making Feminist Engagement with International Law More Influential: Not just talking to ourselves 11. The Future of Feminist Engagement with Refugee Law: From the margins to the centre and out of the ‘Pink Ghetto’? Kate Ogg 12. Women and the International Court of Justice Ekaterina Yahyaoui Krivenko 13. ‘Gender just judging’ in international criminal courts: New directions for research Rosemary Grey and Louise Chappell 14. Revisiting the category ‘women’ Jaya Ramji-Nogales 15. A Feminist Human Security-Human Rights Lens: Expanding women’s engagement with international law Dorothy Estrada-Tanck 16. The future of feminist international legal scholarship in a neoliberal university: doing law differently? Ntina Tzouvala 17. Practitioner Perspective Women and international treaty making: the example of standard-setting in the International Labour Organization Jane Aeberhard-Hodges Part III: Feminist Engagement with International Law: Improving Women’s Lives 18. Challenging gendered economic and social inequalities: An analysis of the role of trade and financial liberalisation in deepening inequalities, and of the capacity of economic and social rights to redress them Emma Larking 19. Looking to the Future: Gender, Health and International Law Belinda Bennett and Sara Davies 20. Oral history as empirical corrective: Including women’s experiences in international law Kim Rubenstein and Anne Isaac 21. Violence against Women and Social and Economic Rights: Deepening the Connections Beth Goldblatt 22. Feminist Time and International Law of the Everyday Mary Hansel 23. Practitioner Perspective Feminism in court: Practical solutions for tackling the wicked problem of women’s invisibility in criminal justice Felicity Gerry QC Part IV: Building Bridges with other Critical Theories 24. The Maputo Protocol and the Reconciliation of Gender and Culture in Africa Jing Geng 25. Sex/Gender is Fluid, What Now for Feminism and International Human Rights Law? A Call to Queer the Foundations Kathryn McNeilly 26. Matri-legal Feminism: An African Feminist Response to International Law Josephine Jarpa Dawuni 27. Frames of Violence and the Violence of Frames: Setting a Feminist Critical Agenda for Transnational Rituals of Speaking Mariana Prandini Assis 28. Third World Approaches to International Law: Feminists' Engagement with International Law and Decolonial Theory" Giovanna Maria Frisso 29. Indigenous Women and International Law Veronica Fynn Bruey 30. Reimagining Feminist Engagements with Internationl Law Kamala Chandrakirana Afterword Dianne Otto Index

Read more less

Book SynopsisThis research review discusses seminal articles and essays on the law of the polar regions. It traces the historical development of polar law in the Arctic and Antarctic and then analyses in detail the specific legal regimes that have developed for both regions. Common elements assist in the assessment of recent and future developments in international polar law as it has evolved from a narrow legal discourse into one that reflects a significant body of international law for regions that have increasing importance in global affairs.This research review will be a valuable resource for students, academics and practitioners.Trade Review‘The Polar regions have, in recent years, attracted a greater significance among both political and academic communities across the globe. While extensive research inputs from the natural science disciplines are readily available, knowledge from the legal disciplines has so far been found only relatively sporadically. International Polar Law offers a collection of essays and articles in one accessible place, sourced from highly-regarded international journals at various times, from the beginning of the twentieth century to today. As such, the volume is an invaluable resource, useful for both lawyers and members of the scholarly community interested in Polar legal issues.’ -- Kamrul Hossain, University of Lapland, FinlandTable of ContentsContents: Introduction The Context of International Polar Law Donald R. Rothwell and Alan D. Hemmings PART I HISTORY 1. Thomas Willing Balch (1910), ‘The Arctic and Antarctic Regions and the Law of Nations’, American Journal of International Law, 4 (2), April, 265–75 2. A.R. Clute (1927), ‘The Ownership of the North Pole’, Canadian Bar Review, V (1), January, 19–26 3. John Hanessian (1960), ‘The Antarctic Treaty 1959’, International and Comparative Law Quarterly, 9 (3), July, 436–80 4. Charles Cheney Hyde (1933–34), ‘Acquisition of Sovereignty over Polar Areas’, Iowa Law Review, 19, 286–94 5. Philip C. Jessup (1947), ‘Sovereignty in Antarctica’, American Journal of International Law, 41 (1), January, 117–19 6. W. Lakhtine (1930), ‘Rights over the Arctic’, American Journal of International Law, 24 (4), October, 703–17 7. Ivor L.M. Richardson (1957), ‘New Zealand’s Claims in the Antarctic’, New Zealand Law Journal, 33, February, 38–42 8. James Brown Scott (1909), ‘Arctic Exploration and International Law’, American Journal of International Law, 3 (4), October, 928–41 PART II ANTARCTICA 9. David M. Edwards and John A. Heap (1981), ‘Convention on the Conservation of Antarctic Marine Living Resources: A Commentary’, Polar Record, 20 (127), 353–62 10. Francesco Francioni (1993), ‘The Madrid Protocol on the Protection of the Antarctic Environment’, Texas International Law Journal, 28 (193), 47–72 11. Moritaka Hayashi (1986), ‘The Antarctica Question in the United Nations’, Cornell International Law Journal, 19 (2), Summer, 275–90 12. Bernard H. Oxman (1986), ‘Antarctica and the New Law of the Sea’, Cornell International Law Journal, 19 (2), Summer, 211–47 13. Bruno Simma (1986), ‘The Antarctic Treaty as a Treaty Providing for an “Objective Regime”’, Cornell International Law Journal, 19 (2), Summer, 189–209 14. A.D. Watts (1990), ‘The Convention on the Regulation of Antarctic Mineral Resource Activities 1988’, International and Comparative Law Quarterly, 39 (1), January, 169–82 15. Emil A. Zuccaro (1979), ‘Iceberg Appropriation and the Antarctic’s Gordian Knot’, California Western International Law Journal, 9, 405–29 16. Karen N. Scott (2010), ‘Managing Sovereignty and Jurisdictional Disputes in the Antarctic: The Next Fifty Years’, Yearbook of International Environmental Law, 20 (1), January, 3–40 17. Kees Bastmeijer and Ricardo Roura (2004), ‘Regulating Antarctic Tourism and the Precautionary Principle’, American Journal of International Law, 98 (4), October, 763–81 18. Christopher C. Joyner (2008), ‘Challenges to the Antarctic Treaty: Looking Back to See Ahead’, New Zealand Yearbook of International Law, 6, 25–62 19. Ben Saul and Tim Stephens (2015), ‘Responsive Antarctic Law- Making in the Asian Century’, Yearbook of Polar Law, VII, 55–82 20. Peter J. Beck (2017), ‘Antarctica and the United Nations’, in Klaus Dodds, Alan D. Hemmings and Peder Roberts (eds), Handbook on the Politics of Antarctica, Chapter 17, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 255–68 21. Rüdiger Wolfrum (2017), ‘Common Interest and Common Heritage in Antarctica’, in Klaus Dodds, Alan D. Hemmings and Peder Roberts (eds), Handbook on the Politics of Antarctica, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 142–51 PART III ARCTIC 22. J.A. Beesley (1971), ‘Rights and Responsibilities of Arctic Coastal States: The Canadian View’, Journal of Maritime Law and Commerce, 3 (1), October, 1–12 23. David D. Caron (1993), ‘Toward an Arctic Environmental Regime’, Ocean Development and International Law, 24 (4), 377–92 24. Ivan L. Head (1963), ‘Canadian Claims to Territorial Sovereignty in the Arctic Regions’, McGill Law Journal, 9 (3), 200–226 25. J. Bruce McKinnon (1987), ‘Arctic Baselines: A Litore Usque Ad Litus’, Canadian Bar Review, 66 (1), March, 790–817 26. Donat Pharand (1992), ‘The Case for an Arctic Region Council and a Treaty Proposal’, Revue Générale de Droit, 23, 163–95 496 27. Timo Koivurova and Leena Heinämäki (2006), ‘The Participation of Indigenous Peoples in International Norm-Making in the Arctic’, Polar Record, 42 (221), 101–9 28. James Kraska (2009), ‘International Security and International Law in the Northwest Passage’, 42 (4), October, Vanderbilt Journal of Transnational Law, 1109–32 29. E.J. Molenaar (2012), ‘Current and Prospective Roles of the Arctic Council System Within the Context of the Law of the Sea’, International Journal of Marine and Coastal Law, 27 (3), 553–95 30. Edward T. Canuel (2015), ‘The Four Arctic Law Pillars: A Legal Framework’, Georgetown Journal of International Law, 46 (3), 735–64 31. David L. VanderZwaag (2014), ‘The Arctic Council and the Future of Arctic Ocean Governance: Edging Forward in a Sea of Governance Challenges’, in Tim Stephens and David L. VanderZwaag (eds), Polar Oceans Governance in an Era of Environmental Change, Chapter 16, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 308–38 32. Nigel Bankes and Elizabeth Whitsitt (2015), ‘Arctic Marine Mammals in International Environmental Law and Trade Law’, in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 185–206 33. Ted L. McDorman and Clive Schofield (2015), ‘Maritime Limits and Boundaries in the Arctic Oceans: Agreements and Disputes’, in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, Chapter 10, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 207–26 PART IV BIPOLAR LEGAL ISSUES 34. Robert D. Hayton (1958), ‘Polar Problems and International Law’, American Journal of International Law, 52 (4), October, 746–65 35. Christopher C. Joyner (1991), ‘Ice-Covered Regions in International Law’, Natural Resources Journal, 31, Winter, 213–42 36. Oscar Svarlien (1960), ‘The Sector Principle in Law and Practice’, Polar Record, 10, 248–63 37. Stuart B. Kaye (2004), ‘Territorial Sea Baselines Along Ice-Covered Coasts: International Practice and Limits of the Law of the Sea’, Ocean Development and International Law, 35, 75–102 38. Duncan French and Karen Scott (2009), ‘International Legal Implications of Climate Change for the Polar Regions: Too Much, Too Little, Too Late?’, Melbourne Journal of International Law, 10 (2), 631–54 39. Aldo Chircop (2016), ‘Jurisdiction over Ice-Covered Areas and the Polar Code: An Emerging Symbiotic Relationship?’, Journal of International Maritime Law, 22, 275–90 Index

Read more less

Book SynopsisRegulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia's trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor-State dispute settlement. Through a critical exploration of evolving patterns of treaty practice, the authors address the complex relationship between international economic law and a State's regulatory autonomy in the key areas of intellectual property, services, and investment. This insightful investigation highlights problems of inconsistency across treaties, limited transparency and consultation in the negotiation of treaties, and increasing restrictions on policy space in intellectual property protection. These factors are all crucial in preserving a country's ability to pursue policy objectives such as protecting public health and the environment while capturing the benefits of international trade and foreign investment. This discerning book will prove instrumental to scholars and practitioners in the fields of international trade law, international investment law, public international law, and intellectual property. It will also appeal to government agencies and international organisations working in these areas or in matters of public health or the environment.Trade Review'This extremely well-crafted and thoroughly researched monograph tells two stories for our time. The universal story is about the ways in which international economic law has become the main arena of global governance in fields of public concern beyond war and peace - prosperity, equality, health, the environment and more. The second, more particular but no less inspiring, is the story of Australia as a Liberal-Democracy caught in the rip-tides of globalization. Highly recommended and accessible reading.' --Tomer Broude, Hebrew University of Jerusalem, Israel'With Regulatory Autonomy in International Economic Law, the authors have made an important contribution to understanding the dichotomy between fostering closer relations among nations through concluding trade and investment liberalizing agreements, and at the same time seeking to preserve the governments' right to regulate in the public interest in such areas as protecting the environment and worker rights. While the analysis focuses on Australia, the same potential conflicts are present in the United Kingdom as Brexit begins, and in the United States under the Trump Administration. Thus, the study is equally relevant to understanding and resolving the tensions that have developed in those nations.' --David A. Gantz, The University of Arizona, USTable of ContentsContents: 1. Regulatory Autonomy and the Evolution of Australia’s Participation in PTAs and BITs 2. Intellectual Property: Increasing Protections under US Influence 3. Trade in Services: Lumbering Towards More Open Markets 4. Investment: Haphazard Responses to Expansive Obligations 5. Investor–State Dispute Settlement: Uncertainty, Inconsistency and Scope for Reform 6. Environmental Protection: Moderate Safeguards and Novel Opportunities 7. Balancing the Benefits of Liberalisation with Policy Space Bibliography Index

Read more less

Book SynopsisConsumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies. Taking a thematic approach, and yet highlighting issues in different national contexts, the Handbook explores issues which are common to all countries, such as social policy and effective business regulation, and relates consumer law to contemporary trends in human rights law.Features of this edition: consideration of the potential for new regulatory complexity as a result of Brexit• reflections on the growth of middle class consumption in Asia and Latin America and the impact that this will have on business reforms• coverage of increasing divergence between the regulatory models of both the EU and the US• focus on the challenges and opportunities that the digital age presents for consumer market regulation• analysis of the significant changes in consumer credit law and policy since the financial crash of 2008. This Handbook will provide researchers, students and policymakers with an insight to the main policy debates in differing national and sectoral contexts, and provide models of legal regulation which contribute to the evaluation and development of consumer laws and policy.Contributors include: I. Benöhr, O. Dixon, C. Hawes, D.R. Hensler, G. Howells, D. Kingsford Smith, A. MacCulloch, H.-W. Micklitz, J.P. Nehf, J. Niemi, L. Nottage, D.G. Owen, P. Quirk, S. Rachagan, I. Ramsay, J.A. Rothchild, P. Rott, R. Schulze, C. Scott, K. Tokeley, C. Twigg-Flesner, J. Watson, T. Wilhelmsson, C. WillettTable of ContentsContents: Preface 1. Consumer law in its international dimension Geraint Howells, Iain Ramsay and Thomas Wilhelmsson 2. Consumer protection and human rights Iris Benöhr and Hans-W. Micklitz 3. Development and consumer law Sothi Rachagan 4. The consumer and competition law Angus MacCulloch 5. Misleading and unfair advertising James P. Nehf 6. Protecting rational choice: Information and the right of withdrawal Christian Twigg-Flesner and Reiner Schulze 7. Unfair terms and standard form contracts Thomas Wilhelmsson and Chris Willett 8. Sales and guarantees Cynthia Hawes and Christian Twigg-Flesner 9. Products liability law in America and Europe Geraint Howells and David G. Owen 10. Product safety regulation Luke Nottage 11. Consumers and services of general interest Peter Rott and Chris Willett 12. Consumer protection and the Internet Patrick Quirk and John A. Rothchild 13. Regulation of consumer credit Iain Ramsay 14. Personal insolvency Johanna Niemi 15. Financial services regulation and the investor as consumer Dimity Kingsford Smith 16. Individual consumer redress Peter Spiller and Kate Tokeley 17. Using class actions to enforce consumer protection law Deborah R. Hensler 18. Enforcing consumer protection laws Colin Scott Index

Read more less

Book SynopsisAs companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today?s global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials = providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: Introductory problems allow students to identify and navigate the key issues An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues? Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.Trade Review'The authors of this textbook explore the transnational intellectual property system through a profound theoretical foundation and rich practical experience. Very informative, readable, and practical for teaching!' --Zhang Ping, Peking University, ChinaTable of ContentsContents: Part I Introduction 1. What is “Transnational” IP Law Part II Patent Protection 2. Introduction to Patent Law at the Transnational Level 3. Patentable Subject Matter 4. Novelty 5. Inventive Step/Non-obviousness 6. Adequate Disclosure and Enablement 7. Claim Interpretation and Infringement 8. Remedies 9. Business Aspects of Patents Part III Copyright Protection 10. Introduction 11. Subject Matter, Originality, Authorship 12. Rights of the Copyright Owner 13. Limitations and Exceptions 14. Infringement and Remedies 15. Digital Copyright Part IV Trademark law 16. Introduction to Trademark Protection 17. Acquisition of Trademark Rights 18. Enforcement 19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination Part V 20. Introduction 21. What Can Be Protected As a Trade Secret? 22. Reasonable Efforts to Protect Trade Secrets 23. Misappropriation 24. Remedies Part VI Design Protection 25. Introduction 26. Subject Matter and Originality Requirements 27. Infringement 28. Defenses 29. Remedies Index

Read more less