International law Books

Book SynopsisThe Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.Table of Contents 1 The Modern Multilateral Bureaucracy: what is the Role of International Administrative Law at International Organizations?  Peter Quayle Part 1: The Legal Premise of International Administrative Law  2 The Tension between the Jurisdictional Immunity of International Organizations and the Right of Access to Court  Edward Chukwuemeke Okeke  3 Breaking the Silence: why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies  Kristina Daugirdas and Sachi Schuricht  4 What is ‘International Administrative Law’? The Adequacy of this Term in Various Judgments of International Administrative Tribunals  Shinichi Ago  5 The Terms and Conditions of Employment of International Civil Servants: Implied Terms Recognized by the Asian Development Bank Administrative Tribunal  Damien J. Eastman Part 2: Resolving Employment-Related Disputes at International Organizations  6 To Join or Not to Join: a Comparative Analysis of Joining or Creating an International Administrative Tribunal  Katherine Meighan and Gabriel Rodríguez-Rico  7 Arbitrating Employment Disputes Involving International Organizations  Rishi Gulati and Thomas John  8 The Global Fund to Fight AIDS,Tuberculosis and Malaria: the Journey of a Public-Private Partnership  Fady Zeidan and Jean Abboud  9 Evolution of the Grievance System of the European Bank for Reconstruction and Development: lessons Learnt and Way Forward  Nobert Seiler Part 3: The Role and Reform of International Administrative Tribunals  10 The Commonwealth Secretariat Arbitral Tribunal: the Evolution and Explanation of Changes to the Tribunal’s Statute  Alice Lacourt  11 The Effectiveness of the North Atlantic Treaty Organization in an Era of Adaptation: the Role of the North Atlantic Treaty Organization Administrative Tribunal  Steven Hill and Nick Minogue  12 Building an Administrative Tribunal of an International Financial Institution from Scratch: lessons from the European Stability Mechanism  David Eatough Part 4: International Administrative Law and the Effectiveness and Integrity of International Organizations  13 The Manager’s Duty to Resolve or Report Misconduct: the Example of the International Monetary Fund’s Retaliation Policy  Brian Patterson, Pheabe Morris and Brenda Costecalde Orpineda  14 Procedural Requirements in Staff Misconduct Cases: the Evolving Approach of the African Development Bank Administrative Tribunal  Eric P. LeBlanc  15 Macro-Trends in the Performance Management of International Civil Servants and Their Legal Implications  Laurent Germond and Estelle Martin Appendices  16 2019 AIIB Law Lecture: the Rise of Sustainable Development in International Investment Law  Nico Schrijver  17 2019 AIIB Legal Conference Report  Yongqing Liu and Graciela Base

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Book SynopsisNational Security of India and International Law is a pioneering inter-disciplinary scholarly exercise in the context of India. It offers first-of-its kind perspective on interplay between the needs, concerns and interests of the national security actors, means and institutions and inherent limitations and prospects of international law to achieve the national security objectives of India. The work analyses traditional and contemporary issues and challenges – water, natural resources, refugee management, use of force, nuclear doctrine, space developments, defense procurement and manufacturing and private players, among others. It aims to generate inter-disciplinary debate, teaching and research in this emerging field of national security.Trade Review"With its eminent strategic history and rising global influence, few countries will play a greater role than India in determining twenty-first-century world order. Professor Bimal Patel’s National Security of India and International Law is an illuminating examination of India's contemporary geopolitical discourse." - Dr. Henry Kissinger, Former US Secretary of State and National Security Adviser, 1973 Nobel Peace Prize Recipient "Change in international order is neither new nor stoppable… Any deviant behaviour of one State affects the other much more profoundly today than in the past…“National Security of India and International Law” … vividly brings out the complexities of the issues involved and possible way forward…a pioneering book which brings together seemingly different domains of study, but which, in the ultimate analysis, are very closely intertwined.. a thought provoking and valuable reference point for practitioners of national security, legal experts and policy makers." - Ajit Doval, National Security Adviser, Government of India "Professor Patel is in an ideal position to be bringing the field of national security law to India. He understands both the great importance of international law, and more broadly the rule-of law itself, for India and every nation. And he has the knowledge and the background to put together this pioneering work… a work likely to trigger rapid development of the field of national security law in India" - Professor John Norton Moore, Authority on National Security, Law and Law of the Sea and holder of Six US Presidential Appointments, Virginia Law School

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Book SynopsisConventional wisdom has it that the successful functioning of the UN Security Council almost completely depends on the role played by its five permanent members and the extent to which they can agree—or avoid to fundamentally disagree—on the many issues on the Council’s agenda. But the Council also consists of ten non-permanent or elected members who represent five different regions of the world, and who, though not vested with the right of veto, play an indispensable role in Council decision-making. This book aims to take a closer look at that role.Table of ContentsForeword  Stef Blok Acknowledgments List of Abbreviations 1 Introduction  Niels Blokker, Nico Schrijver and Sarah Mead Part I: Elected Members: Law and Practice 2 Non-permanent Members of the Security Council: A Charter Perspective  Stephen Mathias and Keiichiro Okimoto 3 Elected Members Today: Overcoming the Handicaps  Ian Martin 4 Campaigning for an Elected Seat in the UN Security Council  Ann-Marie Ekengren and Ulrika Möller 5 More Non-Permanent Members? On the Need for a Second Enlargement of the Security Council  Niels Blokker Part II: Elected Members: Inside and Outside Experiences 6 Pursuing Peace and Justice on the Security Council: The Canadian Experience  Alistair Edgar 7 The Role of Elected Members on the UN Security Council: The New Zealand Experience 2015-16  Gerard van Bohemen 8 The Dutch Approach of Promoting the International Rule of Law and Constructive Multilateralism on the Security Council  Nico Schrijver 9 Belgium in the UN Security Council: Responsibility Without Power?  Jan Wouters and Nina Pineau 10 Representing the European Union at the United Nations: The Security Council Dimension  Thomas Mayr-Harting 11 Serving on the Security Council: More Like Playing Poker than Like Chess  Peter Wilson Part III: Niches for Elected Members 12 What Kind of Rule of Law Should Elected Members Promote?  Alejandro Rodiles 13 Elected Members and Agenda-Setting: The Security Council as Peace Broker  Daniëlla Dam-de Jong 14 Managing the Ebb and Flow of Sanctions Reform: An Important Role for Non-Permanent Members  Jeremy Farrall and Christopher Michaelsen 15 The Office of the Ombudsperson and the Elected Members of the Security Council  Kimberly Prost 16 Environmental Peacebuilding and the UN Security Council  Amanda Kron 17 Non-Permanent Members of the Security Council and International Criminal Justice: A Proposal for Revitalization  Giuseppe Nesi 18 Working from the Outside to Change the Working Methods of the Security Council: Elected Members as a Bridge between the Permanent Members and the Rest of the UN Membership  Christian Wenaweser About the Contributors Table of Treaties Table of Resolutions Presidential Notes and Statements Case Law Index

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Book SynopsisLaunched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 37 features a Tobacco Plain Packaging Agora.Table of ContentsObituary   Professor Ivan Shearer Lectures Kirby Lecture in International Law 2019   KJ Keith The Sir Elihu Lauterpacht International Law Lecture 2018 The Development of Humanity as a Constraint on the Conduct of War   Tim McCormack, Siobhain Galea and Daniel Westbury ANZSIL Conference Keynote 2019 Climate Change, the Critical Decade and the Rule of Law   Christina Voigt Tobacco Plain Packaging Agora Public Health, Intellectual Property, and the Trade and Investment Law Challenges to Australia and Uruguay’s Tobacco Packaging Laws   Suzanne Zhou and Jonathan Liberman  Tobacco Plain Packaging and the Expanding Role of the WTO in Regulatory Oversight   Benn McGrady  Tobacco, Health and Investor-State Dispute Settlement: Australia’s Recent Treaty Practice   Tania Voon  Australia’s Approach to ISDS Reform in Light of Philip Morris Asia v Australia   Emma Boland and Andrea Gronke Articles Truncheons and Tenterhooks: Civil Suits against Foreign Officials in Common-law Jurisdictions   Lee Walker Joint Development of Offshore Oil and Gas Resources in the South China Sea —New Contexts for Regional Cooperation Following the South China Sea—Arbitration  John Abrahamson Notes br/> A Sinking Feeling: The Effect of Sea Level Rise on Baselines and Statehood in the Western Pacific   Jessica Reynolds br/> Book Reviews: Edited by Sarah McCosker Oppenheim’s International Law: United Nations   Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, and James Sloan (eds) The Performance of International Courts and Tribunals   Theresa Squatrito, Oran R Young, Andreas Follesdal and Geir Ulfstein (eds) Some Kind of Justice: The ICTY’s Impact in Bosnia and Serbia   Diane Orentlicher Modification of Treaties by Subsequent Practice  Irina Buga Environmental Protection and Transitions from Conflict to Peace   Carsten Stahn, Jens Iverson and Jennifer S Easterday (eds) Regular Features Cases Before Australian Courts and Tribunals Concerning Questions of Public International Law 2018   Alison Pert, Claire Ho, Isabelle James, Charlotte Lewis, Brendan Ma, James Tanna, Caterina Presutti, Arvind Sharma and Fayette Vermeer Cases before International Courts and Tribunals Concerning Questions of Public International Law Involving Australia 2018   Alison Pert, Claire Ho, Charlotte Lewis, Brendan Ma, Kenny Ng, Caterina Presutti and James Tanna Australian Legislation Concerning Matters of International Law 2018   Trina Malone, Nicole Lyas, Merryn Cavenagh, Andrea Gronke, Kryssa Karavolas, Angad Keith, Tess Kluckow, Ameisa Konneh, Maida Kopic, Alicia Lewis, Fatima Malik, Pranamie Mandalawatta, Holly Matley, Alex Norris, Nish Perera, Sephora Scott, Vaidehi Subramanyan, Ashlee Uren and Kashpee Wahid Australian Practice in International Law 2018 Developments in Australian Private International Law 2018–2019   Andrew Lu, Rob Leonard, Thinesh Thillainadarajah, Shahn Paterson, Emma Squires and Edward Lee  Treaty Action 2018 Table of Cases Table of Statutes Table of International Instruments

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Book SynopsisEmphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought. Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old. Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition. Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter.Table of Contents Preface  Notes on Contributors  1Empire and Legal Thought: An Introduction  Edward Cavanagh  2The First ‘Lawyers’? Judicial Offices, Administration and Legal Pluralism in Ancient Egypt, ca. 2500–1800BCE  Alexandre A. Loktionov  3After the Empire: Judicial Review and Athenian Interstate Relations in the Age of Demosthenes, 354–22BCE  Alberto Esu  4Public Law and Republican Empire in Rome, 200–27BCE  Clifford Ando  5Compromise and Coercion: Imperial Motives Behind Justinianic Legislation in Sixth-century Constantinople  Halcyon Weber  6Muslims and Non-orthodox Christians in Byzantine Law until ca. 1100  Zachary Chitwood  7Roman Public Law in the Twelfth Century: Politics, Jurisprudence, and Reverence for Antiquity  Emanuele Conte  8Ius gentium: The Metamorphoses of a Legal Concept (Ancient Rome to Early Modern Europe)  Dante Fedele  9‘Exiit edictum a Caesare Augusto ut describeretur universus orbis’ (Luke 2:1–2): Debating Imperial Authority in Late Medieval Legal and Political Thought (12th–14th Centuries)  Tiziana Faitini  10Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists  Joseph Canning  11Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century  Lorenzo Veracini  12Open and Closed Seas: The Grotius-Selden Dialogue at the Heart of Liberal Imperialism  Mark Somos  13Littoral Leviathan: Histories of Oceans, Laws, and Empires  Matthew Crow  14From Procedural Law to the ‘Rights of Humanity’: Habeas corpus,Ex parte Somerset (1771–72), and the Movement toward Collective Representation in Early British Antislavery Cases  Sarah Winter  15Prerogative and Office in Pre-revolutionary New York: Feudal Legalism, Land Patenting, and Sir William Johnson, Indian Superintendent (1756-1774)  P.G. McHugh  16The Pure Reason of Lex Scripta: Jurisprudential Philology and the Domain of Instituted Laws during Early British Colonial Rule in India (1770s–1820s)  Naveen Kanalu  17James Bryce’s Home Rule Constitutionalism and Victorian Historiography  Jordan Rudinsky  18Crown, Conquest, Concession, and Corporation: British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia, 1889–1919  Edward Cavanagh  19British War Office Manuals and International Law, 1899–1907  Lia Brazil  20Reich, Imperium, Empire: Carl Schmitt and the ‘Overcoming of the Concept of the State’  Joshua Smeltzer  Index

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Book SynopsisThe challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework.

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Book SynopsisChallenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.Table of ContentsNotes on Contributors PART 1 Introduction   María José Falcón y Tella PART 2 Law and Literature  Revenge in Literature   María José Falcón y Tella  Arbitration and Literature   François Ost  Clarín,Jurist   Ignacio Torres Muro  Some Brief Notes on Ezra Pound and Roman Law   Faustino Martínez Martínez  The Undeniable Humanism of Concepción Arenal   María Eugenia Pérez Monte PART 3 Constitutional Law  Legal Interpretation   Timothy Endicott  The Constitutional Order  Reforms and Ruptures   Diego Valadés  Normative Provisions and Legal Norms  A Useful Distinction   Francisco Javier Ezquiaga Ganuzas  Some Notes on Equality and Legal Equality   Victoria Iturralde Sesma  On Equality   Ramón Maciá Manso PART 4 Legal Philosophy  The Law of Nations in Giambattista Vico   Carla Faralli  Artificial Law and “Artificious” Rights   María Amparo Grau Ruiz  Bioethics and Legal Philosophy  An Inevitable and Necessary Reflection   María Casado  Philosophical Reflection and the Law   Juan Antonio Martínez Muñoz  We Are All Vulnerable  Human Capability, Corporeality and Dignity: Functional Diversity Examined in the Light of Martha C. Nussbaum’s Commitment to Justice   Teresa García-Berrio Hernández PART 5 Law and Religion  Religious Autonomy and Labor Relations  Reflections on Institutions with an Ethos   Javier Martínez-Torrón Religion, Beliefs, and Freedom of Speech  The Disorientation of the European Court of Human Rights   Rafael Palomino Lozano Index

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Book SynopsisVolume 37 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and comparative law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2019. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.

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Book SynopsisLaunched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 38 features a set of Special Issue papers on the theme of ‘The Backlash against International Law: Australian Perspectives’. These articles originated as papers presented to a June 2019 workshop at the Australian National University (ANU), which launched a global research partnership project between scholars at ANU, Indiana University and the University of Maryland.Table of ContentsLectures The Sir Elihu Lauterpacht International Law Lecture 2019 The Crisis of Liberal Internationalism and the Future of International Law  Anne Orford Special Issue The Backlash against International Law: Australian Perspectives Introduction The Backlash against International Law: Australian Perspectives  Jeremy Farrall, Jolyon Ford and Imogen Saunders Navigating the Backlash against Global Law and Institutions  Peter G Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders and Daan Verhoeven Collective Security and the Prohibition on the Use of Force in Times of Global Transition  Christopher Michaelsen The Status of Human Protection in International Law and Institutions: The United Nations Prevention and Protection Architecture  Cecilia Jacob Navigating the Backlash: Re-Integrating WTO and Public International Law?  Imogen Saunders Navigating the ‘Backlash’ against International Trade and Investment Liberalisation: Economic Perspectives on the Future of Regional Trade Agreements in Uncertain Times  Martin Richardson Backlash against a Rules-Based International Human Rights Order? An Australian Perspective  Jolyon Ford Amidst Simmering Tensions: Improving the Effectiveness and Coherence of the International Human Rights System’s Response to Mass Human Rights Violations  Annemarie Devereux Backlashes against International Commitments and Organisations: Asylum as Restorative Justice  Kate Ogg Articles Transcending the Framing Contests over the Human Rights of Older Persons  Annie Herro and Andrew Byrnes Notes Revisiting Lockerbie: How a General Principle of Judicial Review Could Promote United Nations Security Council Reform  Kate Renehan Book Reviews: Edited by Amy Maguire The Greening of Antarctica: Assembling an International Environment  Alessandro Antonello (Bruno Arpi and Jeffrey McGee) Solving the Internet Jurisdiction Puzzle  Dan Jerker B Svantesson (Timothy Beale) The Oxford Handbook of International Law in Asia and the Pacific  Simon Chesterman, Hisashi Owada and Ben Saul (eds) (Callista Harris) Maritime Legacies and the Law: Effective Legal Governance of WWI Wrecks  Craig Forrest (Sarah Lothian) Oil Under Troubled Water: Australia’s Timor Sea Intrigue  Bernard Collaery (Donald R Rothwell) Research Handbook on Feminist Engagement with International Law  Susan Harris Rimmer and Kate Ogg (eds) (Kate Slowey) Regular Features Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2019  Mary Crock, Rowan Nicholson, Kailin Chen, Seric Han, Marcus Lee, Francis Manuel, John McCrorie, Edward Wu and Gordon Yen Cases before International Courts and Tribunals Concerning Questions of Public International Law Involving Australia 2019  Mary Crock, Rowan Nicholson, Corinne Lortie, Seric Han, Francis Manuel, Hae-Soo Park, Hannah Place and Gordon Yen Australian Legislation Concerning Matters of International Law 2019  Angad Keith, Malithi Karunaarachchi, Chiara Angeloni, Asha Belkin, Sarah Grant, Andrea Gronke, Kryssa Karavolas, Hayley Keen, Guy Kelleher, Fatima Malik, Pranamie Mandalawatta, Kate O’Connell, Caitlin O’Rourke, Amparo Santiago, Navina Vijaysegaran, Emma Wiggins and Phoebe Winch Australian Practice in International Law 2019  Compiled and Edited by the Department of Foreign Affairs and Trade Treaty Action 2019 Table of Cases Table of Statutes Table of International Instruments

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Book SynopsisDrawing on international, transnational, and comparative legal scholarship, The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space, additionally offers the insights of a plethora of leading international scholars in economics, institutional theory, area studies, international relations, global political economy, political science, and sociology. The contributors come from four corners of the globe, including Asia, Europe, and North America.Table of ContentsForeword Acknowledgements List of Illustrations Notes on Contributors List of Abbreviations 1 Introduction  W(h)ither Eurasian Regionalization?   Anna Aseeva and Jędrzej Górski PART 1 Eurasian (Re)Integration: Strengths, Challenges, and Opportunities 2 The Geoeconomics of the Eurasian Economic Union   Glenn Diesen 3 Better Connectivity for Greater Eurasia  China–Russia Cooperation on the Development of the Economic Corridor in the High North   Vasilii Erokhin and Gao Tianming 4 Why Does the Eurasian Economic Union Need Free Trade Agreements with Third Countries?   Vladimir G. Sherov-Ignatev 5 International Strategy Toolkit of the EAEU  Options for Third Countries, International Organizations and Integration Groups   Anastasia Likhacheva and Alexander Korolev 6 The Court of the Eurasian Economic Union  Not Just for Government-to-Government Dispute Settlement   Kirill Entin and Ekaterina Diyachenko 7 Execution of Judgments and Advisory Opinions of the Court of the Eurasian Economic Union   Pavel Myslivskiy 8 EAEU Competition Law  What’s in a Name?   Kirill Entin and Ekaterina Diyachenko 9 Principle of Mutual Recognition as the Cornerstone of the EU Internal Market and Its Potential for the EAEU Internal Market   Aleksandra Shestakova PART 2  Alternative Dispute Resolution 10 Current Trends in International Arbitration in Russia  Protectionism or Preventionism?   Rinat R. Gareev 11 Transnational Dispute Settlement at the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry   Dmitry Davydenko 12 Effectiveness of International Arbitration  Are There Real Barriers to Recognition and Enforcement of Arbitral Awards in Russia?   Valeria Butyrina 13 Recognition and Enforcement of Foreign Arbitral Awards in the Republic of Azerbaijan   Azar Aliyev and Turkhan Ismayilzada 14 Commercial Dispute Resolution in the Union State of Russia and Belarus in the Light of the Singapore Convention on Mediation  Perspective of Harmonization?   Natalia Gaidaenko Schaer 15 An Assessment of VIAC and Energy Community as Alternative Dispute Settlement Centres in the CIS and Greater Eurasian Area  Strengths, Challenges, and Opportunities   Smaranda Miron and Stephan Karall PART 3 Foreign Investments in Eurasia Today 16 Parallel Proceedings before International Investment Tribunals and the European Court of Human Rights   Vadim Absaliamov 17 Contracts Affected by Economic Sanctions  Russian and International Perspectives   Andrey Kotelnikov 18 Restrictions on Foreign Direct Investment (FDI) in State Controlled Entities under Russian Law   Aleksandr P. Alekseenko 19 Investment Arbitration’s First Bell Ring for Belarus – Belarus’s Exposure to International Investment Arbitration   Benjamin Terrade 20 BIT Planning for Central Asia  The Problem of Negotiations and Definitions   Aidana Aldiyarova 21 Uzbekistan’s New Bilateral Investment Treaty Standpoint  In Case of Uzbekistan-Turkey BIT (2018)   Farruhbek Muminov and Jędrzej Górski PART 4 Development and Sustainability 22 Arbitration Involving Renewable Energy Investments in the Eurasian Region  A Focus on Indirect Expropriation Claims Brought under the Energy Charter Treaty   Claudia Pharaon 23 Towards "Greening" of Energy and Mining Sectors in Former Soviet Republics  Foreign Investment Law and Dispute Settlement Implications   Yulia Dragunova 24 Production Sharing Agreements in the Caucasus and Central Asia  A Contextual Study of Azerbaijan and Kazakhstan   Hakan Şahin 25 Comparative Analysis of Investment Provisions of the Regional Trade Agreements in the Eurasia Region  The Case of the Eurasian Economic Union and the EU Association Agreements with Moldova, Georgia and Ukraine   Seljan Verdiyeva 26 EU’s ‘Europeanization’ Policy and Sustainable Development in the Post-Soviet Space  Whither Sustainable? Whose Development? The Case of Moldova   Anna Aseeva and Alexandra Shishkova 27 Political Implications of Legislative Reform in the Georgian Power Sector   Erin Brousseau 28 Challenges of the Minority ‘Rule’ of Extractivism for the Majority World  Fighting Climate Change Glocally in Brazil, Kyrgyzstan, and Russia   Anna Aseeva and Ramin Babayev 29 Maintenance of the Historic Title of Russia to the Straits of the Northern Sea Route in the Twenty-First Century   Timur Abushakhmanov br/> 30 Conclusions  Current Trends, and Future Challenges and Opportunities of Law and Policy of Eurasian Regionalization   Anna Aseeva and Jędrzej Górski Index

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Book SynopsisIn The Dokdo/Takeshima Dispute, Paul Huth, Sunwoong Kim, and Terence Roehrig have assembled some of the top scholars from Japan, South Korea, and the United States to provide a fresh and comprehensive look at one of the most long-running island disputes in East Asia. The book examines the dispute from multiple perspectives with chapters that provide a detailed and balanced assessment addressing issues in international law, history, foreign policy, domestic politics, the media, education, and the impact on relations with the United States. The book also provides analyses of why this dispute has persisted for decades and explores possible solutions that are relevant for other maritime disputes in the Asia-Pacific.Table of Contents

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Book SynopsisThe mission of the The Italian Yearbook of International Law is to make available to the English-speaking public the Italian contribution to the literature and practice of international law. Volume XXIX (2019) opens with a Symposium on the challenges to multilateralism in international trade law. As in every volume the following sections feature Articles, Notes and Comments, Practice of International Courts and Tribunals, Italian Practice of International Law and Bibliographies.

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Book SynopsisIn Artificial Intelligence: Robot Law, Policy and Ethics, Dr. Nathalie Rébé discusses the legal and contemporary issues in relation to creating conscious robots. She argues that AI’s physical and decision-making capacities to act on its own means having to grant it a juridical personality. The advancement in new technologies forces us to reconsider the role Artificial Intelligence (AI) will have in our society. Sectors such as education, transportation, jobs, sex, business, the military, medical and security will be particularly affected by the development of AI. This work provides an analysis of cases and existing regulatory tools, which could be used by lawyers in future trials. Dr. Rébé also offers a new comprehensive framework to regulate Strong AI so that ‘it’ can safely live among humans. This book is a response to two questions: first, should we ban or prohibit AI; and, secondly, if not, what should be the salient features of a legal or regulatory framework for AI?Table of ContentsAcknowledgments List of Figures Acronyms and Abbreviations Introduction – AI (R)evolution: On the Path to Robot Independence PART 1 The Light and Dark Side of Advanced Technologies  Introduction to Part 1 1 Heading Towards Dire Economic Consequences? 2 A Revolution for Worldwide Education 3 Privacy and Law Enforcement in an Artificial World 4 Future Military Scenarios 5 Trans-humanism and Medical Progress 6 Robot Relationships: Love, Sex and Business PART 2 AI Rights, Crimes and Punishments  Introduction to Part 2 7 The Juridical Personality of Artificial Intelligence 8 Inherent Rights of Strong AI 9 Illegal Usage of AI Technology 10 Jurisdictional Competencies and Fair Punishment for Wrongful Conduct 11 Starter’s Guide for Future Trials 12 Thinking Ahead: Building a New AI Convention Conclusion: Will Mankind Be Overwhelmed and Become the Slave of Its Own Innovation? Annexes Annex 1 Related Cases Annex 2 Related Conventions Annex 3 New Proposed AI Legislation Bibliography Index

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Book SynopsisThis book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.Trade ReviewReligious Speech, Hatred and LGBT Rights provides "an extensive and comprehensive overview of the legal framework and existing case law on a national, regional and international level, the author methodically answers ... questions [about the legal foundations for addressing homophobic and transphobic speech], and establishes a possible benchmark for balancing FORB and LGBTQIA+ rights". Sophia Ruth Urban, European Yearbook on Human Rights 2022 (pp. 795-796), Intersentia.Table of ContentsForeword Acknowledgments Table of International Law Table of National Law Table of International Cases Table of National Cases 1 Introduction  1 Introduction  2 Speech Conflicts  3 Theoretical Framework  4 Approach and Outline 2 LGBT Rights as ‘Rights of Others’ in Extreme Speech Cases  1 Introduction  2 Sex and Sexual Orientation  3 ‘Rights of Others’ in the ECHR Context  4 Concluding Remarks 3 The Emerging Duty to Prohibit Anti-LGBT Speech  1 Introduction  2 The Emerging ECHR Duty to Investigate Homophobic Hate Speech  3 Inclusive Incitement Prohibitions: The Theory of Mainstreaming LGBT Protection  4 Comparative Law  5 Inclusive Incitement Prohibitions: The Emerging International Practice of Mainstreaming LGBT Protection  6 Concluding Remarks 4 The Scope of the Anti-LGBT Incitement Offence: Lessons from Comparative Law  1 Introduction  2 Inclusive Anti-Incitement Laws: Progress and Challenges  3 Concluding Remarks 5 Combating Anti-LGBT Incitement While Promoting Religious Freedom: Balances and Threshold Questions  1 Introduction  2 Against Sweeping Scripture Defences  3 The Theory of Context  4 The Application of Context  5 Concluding Remarks 6 Conclusion Bibliography

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Book SynopsisThis rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.Table of ContentsPreface Notes on Contributors 1 Withdrawing from International Organizations   Niels Blokker 2 Sovereignty as Responsibility  Exercising Permanent Sovereignty over Natural Resources in the Interest of Current and Future Generations   Daniëlla Dam-de Jong 3 Non-State Actors and Human Rights Obligations  Perspectives from International Investment Law and Arbitration   Eric De Brabandere and Larissa van den Herik 4 Global Threats and Fragmented Responses  Climate Change and the Extra-Territorial Scope of Human Rights Obligations   Helen Duffy 5 What Is a State in International Law? How Is This to Be Determined?   John Dugard 6 The Role of Customary International Law as a Tool for the Progressive Development of International Criminal Law  Undermining the Sovereignty of States for the Sake of Humanity?   Robert Heinsch 7 The Responsibility of the Netherlands for Its Nationals Abroad   Erik Koppe 8 How about Consolidating the Frontiers but Furthering the Effectiveness of Human Rights?   Rick Lawson 9 Shifting the Frontiers of International Human Rights Law   Titia Loenen 10 Waters Rising  Possible Effects of Sea Level Rise on the Legal Regime of Baselines and Delineation of Maritime Zones   Xuechan Ma 11 The International Criminal Court and human Security  Looking Ahead Complementarity?   Andrea Marrone 12 The Establishment of Flight Information Regions and Air Defence Identification Zones  Air Law Is Air Law and Maritime Law Is Maritime Law; Shall the Twain Ever Meet?   Pablo Mendes De Leon 13 Maritime Security and Sustainable Development and the Coastal Communities of India  An Empirical Analysis   Bimal N. Patel 14 To Speculate or Not? On Determining Adequate Remedies for Denial of Justice and Other Judicial Wrongs   Vid Prislan 15 Human Rights Law and the Return of Stolen Assets   Cecily Rose 16 Principles for the Sustainable Governance of shared Natural Resources   Nadia Sánchez Castillo-Winckels 17 Economic, Social and Cultural Rights and Customary International Law   William A. Schabas 18 World Law’s Modern Master Builders   Otto Spijkers 19 The World in Disarray. Great-Power Competition and the Decline of Multilateralism   Alfred van Staden 20 How Can We Justify International Criminal Justice?   Carsten Stahn 21 China’s Perception of State Sovereignty in International Dispute Settlement   Linlin Sun 22 Public Administration and Ordinary Virtues  The Venice Principles on the Ombudsman Institution   Luc Verhey 23 The Right to Marry as a Right to Equality About Same-Sex Couples, the Phrase “men and women”, and the travaux préparatoires of the Universal Declaration   Kees Waaldijk

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Book SynopsisFrom Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the relationship between international trade and environmental law, where the keyword is synergy rather than conflict, and where sustainable development and environmental protection are portrayed as part of the very nature and purpose of the trade regime.Table of ContentsAcknowledgments List of Illustrations Table of Cases Table of Treaties and Legislations Table of Documents Abbreviations 1 Introduction  1 Vantage Points  2 The Untold Story of the Trade/Environment Nexus  2.1 Transcending the ‘Trade and …’ Debate  2.2 The Importance of Historical Inquiry  3 The Hidden Thread  3.1 Trade Is a Means to an End  3.2 The International Trade Regime Is Historically Contingent  3.2.1 The Emergence of Free Trade thought—The 1850s  3.2.2 Post-war Economic Reconstruction and the gatt  3.2.3 The 1980s and the wto project  3.2.4 A New Rationale?  3.3 Individuals and Communities Contribute to Changes in Collective Ideas  3.3.1 Right Conditions, Right Environment  3.3.2 The Trade Policy Elite: The Creation of an Environment Un-Conducive to Learning and Change  3.3.3 Making Learning Possible  4 What Lies Ahead  4.1 Choices  4.2 A Cartography  4.3 Structure of the Book 2 First Came Economic Cooperation The Genesis of the Nexus  1 The Moral Value of Trade and the Need for International Trade Cooperation  1.1 The Senator from Tennessee and the International Dimension of Trade Policy  1.2 ‘When Goods Don’t Cross Borders, Soldiers Will’  1.3 The Call for an International Trade Conference  1.4 Anglo-American Trade Collaboration: The Atlantic Conference  1.5 Anderson’s Circus  1.6 Meade’s Multilateral Approach to Trade Agreements  1.7 Havana  2 International Cooperation to Protect Our Spaceship Earth  2.1 The Utilitarian Approach to Environmental Protection  2.2 “We Have Met the Enemy and He Is Us”  2.3 Spaceship Earth  2.4 The ‘Internationalist’ from Oak Lake  2.5 On the Road to Stockholm  3 The Environment as a Late-Comer  3.1 Mr. Clean—The Senator from Maine  3.2 The Commerce Clause and the Limits to Federal Environmental Law-Making  3.3 The Economic Purpose of Early European Environmental Efforts  3.4 The Environment Overlooked at Havana  3.5 unep and The Organizational Challenge  3.6 The Environment as an ‘Add-On’: The Origin of the Nexus 3 The Exception-Based Model  1 The Environment Cornered in Exception Clauses  1.1 The Environment Seen Through Free Trade Glasses  1.2 Who’s Afraid of Environmental Measures?—Part i. Environmental Measures as Non-Tariff Barriers  1.3 Who’s Afraid of Environmental Measures?—Part ii. The Harmonization Agenda  1.4 The Exception to the Rule  1.5 The Real Story of ‘Environmental’ Exceptions or ‘On How They Became Environmental’  1.6 The Indeterminacy of Trade Law and the Neoliberal Turn  2 Rivalry  2.1 Dialogue of the Deaf  2.2 Everyone for Themselves  2.3 Between Two Fires  2.4 Development First  2.5 To Each His Own Fear  2.6 Like Riding Bicycles  3 How Exceptions Work: The Environment Upstaged  3.1 A Clause to Prevent All Abuses  3.2 A ‘Narrowly Defined’ Exception  3.3 Who Bears the Risk of Non-Persuasion?  3.4 Judges with Limited Mandate and Expertise  3.5 Trade Liberalization First 4 The Evolution of the Nexus The Quest for Balance  1 The Need for Balance  1.1 Lady Jackson  1.2 Same Game, New Rules  1.3 Which Takes Precedence, Environment or Development?  1.4 Trade Too Can Harm the Environment  1.5 Assessing Environmental Impacts  1.6 Maquiladoras, Hazardous Waste, and the Pollution Haven Package  1.7 This Is Not Solely an International Story  2 Finding Balance  2.1 Free Traders and Environmentalists: Together at Last  2.2 The Committee on Trade and Environment: wto’s ‘Softer’ Version of Institutional Integration  2.3 Seven ‘Faceless Foreign Judges’  2.4 Finding Balance through Interpretation  2.5 ftas and the Introduction of ‘Updated’ Exceptions  2.6 An Exception and Nothing More  3 Beyond Exceptions  3.1 The (Not So) Thin Line between Exceptions and Exemptions  3.2 The Right to Protect the Environment  3.3 fta s’ Environmental Framework  3.3.1 Environmental Principles  3.3.2 Environmental Obligations  3.3.3 Dispute Settlement  3.4 The Road Ahead 5 Can Trade Work for the Environment? The Promotion-Based Model  1 Tables Have Turned  1.1 The Instrumental Role of Trade  1.2 A Global Green New Deal  1.3 Trading Places: A Brief History of Means and Ends  2 Negotiating Trade Rules with the Environment in Mind  2.1 Plenty of Fish in the Sea?  2.2 The Untapped Green Potential of the Subsides Agreement  2.3 Three Ways to Protect the Environment  2.4 Trade Sanctions and Forests Protection  2.5 A New Kind of Environmental Bargain  2.6 The EU’s Sustainable Commercial Policy  2.7 From Exception to Promotion  i  ii  iii  3 The Power of Ideas  3.1 From Weak to Strong Integration  3.2 Watching the Seeds Grow  3.3 The Development Factor  3.4 It’s Not All About the Environment  3.5 Two Birds with One Stone  3.6 Missed Opportunities 6 Conclusions  1 Ideational Change  2 Historical Contingency  2.1 The gatt and Embedded Liberalism  2.2 The wto and the Resurgence of Neoliberalism  2.3 The 2030 Agenda and the Instrumental Role of Trade  3 A New Trade Story  3.1 One. The Trade Regime: Can’t Live Without It  3.2 Two. Asking the Right Question  3.3 Three. An Organizing Principle for the Trade Regime Bibliography Index

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Book SynopsisWinner of the 2022 International Academy of Astronautics (IAA) Social Sciences Book Award Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.Table of ContentsForeword Acknowledgements List of Figures and Tables List of Acronyms and Abbreviations List of Legal Documents Notes on Contributors Introduction   Irmgard Marboe part 1: Planetary Defence and International Cooperative Efforts 1 Near-Earth Objects – Basic Terms and Characteristics   Christian Koeberl and Cordula Steinkogler 2 What Is Planetary Defence?   Rüdiger Jehn 3 Planetary Defence Technologies   Alan Harris 4 International Cooperation in Planetary Defence – UNCOPUOS, IAWN and SMPAG   Gerhard Drolshagen, Lindley N Johnson and Romana Kofler 5 Enhancing Public Awareness  The Establishment of ‘Asteroid Day’   Frans von der Dunk 6 The United States Planetary Defence Programme  NASA and the Planetary Defense Coordination Office   Victoria P Andrews, Doris Daou, Lindley N Johnson 7 ESA’S Activities in Planetary Defence   Detlef Koschny 8 Planetary Defence Activities beyond NASA and ESA   Brent W Barbee part 2: Legal Analysis of Different Aspects of Planetary Defence 9 Overview of Current International Space Law in the Context of Planetary Defence   Steven Freeland 10 The 2010 Report on Legal Aspects of NEO Threat Response and Related Institutional Issues   Frans von der Dunk 11 The SMPAG Ad-hoc Working Group on Legal Issues   Line Drube 12 International Law Rules Related to the Sharing of Information about Potential NEO Threats   Irmgard Marboe 13 Rules of International Law Regarding an Obligation of States to Undertake Planetary Defence Activities   Cordula Steinkogler 14 The Use of Force and Planetary Defence   Setsuko Aoki 15 Legal Aspects of the Use of Nuclear Explosive Devices in Planetary Defence   David A Koplow 16 Nuclear Non-Proliferation and Planetary Defence  Competing Potential Disasters   Jack M Beard 17 Understanding the Social Aspects of an Asteroid Impact Threat from Socio-Anthropological Lessons Learned in Natural Disaster Management   Alissa Haddaji 18 The Current International Space Law Regime on Liability and Its Application to Planetary Defence   Alexander Soucek 19 Critical Issues and Future Perspectives on Liability in the Context of Planetary Defence   Henry Hertzfeld 20 The International Responsibility of States for Planetary Defence Activities   Sergio Marchisio 21 The Involvement of Private Actors in Planetary Defence Missions   Peter Stubbe 22 International Bodies and Procedures for Decision-Making Regarding Planetary Defence Actions   Olavo de Oliveira Bittencourt Neto  Conclusions and Considerations on the Way Forward   Irmgard Marboe Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. By taking an innovative perspective, Gender Equality in the Mirror aims to advance the debate on gender equalities and to engage with the complexities of their practical implications in everyday life. Through the voice of women who are contributing with their life and work to the pursuit of the collective task of inclusion, the volume develops an original analysis of the socio-economic and political dimension of gender parity to frame implementing pathways of aspirational human rights principles. Gender Equality in the Mirror explores these dimensions with the ultimate aim of raising broad awareness of the need to invest in women’s empowerment for the construction of our society.Table of ContentsPreface Acknowledgments List of Illustrations Notes on Contributors Introduction Reflecting on Power, Participation and Global Justice   Elisa Fornalé part 1 Women and Resilient Inequalities 1 Progress in and Challenges to the Rights of Women to Non-Discrimination and Gender Equality   Patricia Schulz 2 The Urgency of a Quantum Leap for Gender Equality in the World of Work   Valentina Beghini, Umberto Cattaneo, and Emanuela Pozzan 3 Gender Mainstreaming at the World Health Organization Experience, Challenges, and Pitfalls in Global Health   Flavia Bustreo, Rachael Hinton, Anna Giulia Ponchia, Pascale Allotey, Cecilia Rocco part 2 Women and Socio-Economic Equality 4 (En)gendering EU Citizenship   Sandra Mantu 5 Gender Gaps in Migration Studies Recent Developments and Prospects   Asuncion Fresnoza-Flot 6 Unpaid Work during the covid-19 Pandemic Amount, Allocation and the Aftermath: A European Perspective   Zsuzsa Blaskó 7 The Unequal Ivory Tower The Effects of covid-19 on Academic Mothers   Sara Martucci, Alessandra Minello and Lidia Katia C. Manzo 8 Women and Financial Equality Rewriting the Rules   Mara Catherine Harvey and Federica Cristani part 3 Women’s Participation at the International Level and Institutional Encounters 9 Gender Equality in the Judiciary – With an Emphasis on International Judiciary   Catherine Kessedjian 10 Gender Equality in Crisis Emerging Challenges for Women’s Participation   Chiara Germano and Elisa Fornalé Index

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Book SynopsisThe contractors are those private or state-owned companies that carry out exploration and exploitation activities in the Area, which, due to the lack of subjectivity under international law, are not obliged by the UNCLOS. In this book, Xiangxin Xu highlights and analyzes the sponsoring State’s primary responsibility, i.e., ensuring its sponsored contractors’ compliance with environmental obligations under the UNCLOS and related legal instruments by enacting national legislation. She examines how and to what extent the sponsoring State validates and implements the international system at the domestic level and makes up for the shortcomings of the international system in managing contractors. The author further takes China’s legislation as an example and provides how it can be improved.Table of ContentsAcknowledgements Abbreviations List of Figures and Tables List of Treaties and Declarations List of Cases  Introduction 1 Mining Impacts on the Marine Environment and Deep Seabed Mining Regime  1 Introduction  2 Deep Seabed Mining and Its Impact on Marine Environment   2.1 Deep Seabed Area in Geography and the Area under International Law   2.2 Three Main Mineral Resources in the Area   2.3 Possible Impacts of Mining Activities on the Marine Environment   2.4 Mitigation Methods for Possible Negative Impacts  3 Deep Seabed Mining Regime   3.1 The Historical Development of Deep Seabed Mining Regime   3.2 Framework and Principles of the Deep Seabed Mining Regime   3.3 The System of the Prospecting, Exploration, and Exploitation of Mineral Resources in the Area   3.4 The ISA   3.5 Observations on the Current Deep Seabed Mining Regime  4 Conclusion 2 Responsibility to Ensure  Primary Obligation of a Sponsoring State  1 Introduction  2 Terminology: Responsibility and Liability  3 The Legal Genesis of Responsibilities of Sponsoring States   3.1 Common Heritage of Mankind   3.2 Sponsorship  4 Sponsoring State’s Primary Responsibility and Its Implementation   4.1 The Implications of the Concept “Responsibility to Ensure”   4.2 Implementing “Responsibility to Ensure” as an Obligation of Conduct with High Standards   4.3 Implementing “Responsibility to Ensure” “of Due Diligence”   4.4 “Reasonably Appropriate” Implementing “Responsibility to Ensure”  5 Liability of the Sponsoring State   5.1 Basic Architecture of Liability in the Deep Seabed Mining Regime   5.2 Conditions of Liability of the Sponsoring State under the LOSC   5.3 Corollaries: Reparation or Exemption of Liability   5.4 Liability Gaps and Possible Solutions  6 Conclusion 3 Key Elements of “Reasonably Appropriate” Sponsoring States’ Environmental Legislation for Deep Seabed Mining in the Area  1 Introduction  2 Preliminary Issues   2.1 Objectives   2.2 Selection of Legislative Models  3 Components of Environmental Legislation   3.1 Thresholds of Accessing to Mining in the Area   3.2 Environmental Duties and Obligations of a Contractor   3.3 Rights of a Contractor   3.4 Monitoring Oversight   3.5 Liability of a Contractor and Enforcement  4 Institutional Arrangement   4.1 Legislative Body   4.2 Regulatory Agency   4.3 Monitoring Body  5 Conclusion 4 China’s Legislation in Relation to Deep Seabed Mining in the Area  1 Introduction  2 Chinese Legal System   2.1 Legislative Bodies   2.2 Structure and Hierarchy  3 Legal System of Deep Seabed Mining in the Area and Relevant Policy   3.1 China’s Deep Seabed Law   3.2 Measures for the Administration of Licensing for the Exploration and Exploitation of Resources in Deep Seabed Areas  4 Other Legislation That May Be Related to Deep Seabed Mining in the Area   4.1 Legislation on the Exploration and Exploitation of Mineral Resources   4.2 Legislation on Marine Environmental Protection   4.3 Interim Conclusion  5 Institutional Arrangement for Mining Activities in the Area  6 Proposals for Improvements to China’S Deep Seabed Law   6.1 Proposals for Objectives and Structure   6.2 Proposal for Granting a License: Procedural Requirements   6.3 Proposal for Granting a License: Substantial Requirements   6.4 Proposal for a Contractor’s Environmental Obligations   6.5 Proposal for a Contractor’s Environmental Rights   6.6 Proposal for Monitoring   6.7 Proposal for Liability and Enforcement   6.8 Proposal for Institutional Arrangement  7 Conclusion 5 Conclusion  1 Carrying out “Responsibility to Ensure”: Sponsoring State’s Regulatory Role in Ensuring Its Sponsored Contractor’s Compliance   1.1 What Role Does a Sponsoring State Play to Ensure Its Sponsored Contractor’s Compliance?   1.2 What Should Be Included in the Sponsoring State’s National Legislation?   1.3 How Far a Sponsoring State Can Go to Ensure Its Sponsored Contractor’s Compliance?  2 The Central Role of the isa to Organise and Control Activities in the Area   2.1 isa’s Leading Legislative Role   2.2 isa’s Primary Regulative Role  3 Collective Efforts in Promoting a Sponsoring State’s National Legislation Bibliography Index

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Book SynopsisLaunched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2019 edition is the Yearbook's 25th volume. To commemorate this achievement, this volume has two reflective articles: the first article presents the history of DILA and its flagship publication, this Yearbook; and the second article provides an overview of the Yearbook's State Practice section beginning with volume 1 to volume 24.Table of ContentsContents Editorial Note  Seokwoo Lee and Hee Eun Lee Special Feature: 30 Years and 25 Volumes – DILA and the Asian Yearbook of International Law DILA at 30: A Personal Reflection  Kevin Y.L. Tan A Panoramic Review of the State Practice Section in the Asian Yearbook of International Law  Seryon Lee Articles The Asian Contribution to the Development of International Law: Focusing on the ReCAAP  Makoto Seta Vietnam’s Experiences with International Investment Agreements Governance: Issues and Solutions  Tran Viet Dung The Right of Access to Port and the Impact of Historic Fishing Rights  Arron N. Honniball The Amendment of Anti-corruption Law in Indonesia: The Contribution to the Development of International Anti-corruption Law  Ratna Juwita Challenges in Ensuring the Rights of Vietnamese Migrant Workers in the Globalization Context – The Two Sides of the Development Process  Nguyen Thi Hong Yen Legal Materials Participation in Multilateral Treaties  Karin Arts State Practice of Asian Countries in International Law  Sumaiya Khair (Bangladesh)  V.G. Hegde (India)  Kanami Ishibashi (Japan)  Buhm-Suk Baek (Korea)  Amritha V. Shenoy and Ravi Prakash Vyas (Nepal)  Jay L. Batongbacal (Philippines)  Elisabeth Liang, Ong Kye Jing, Rachel Tan Xi’en (Singapore)  Kitti Jayangakula (Thailand)  Tran Viet Dung (Vietnam) State Practice Notes on Korea  Chang Hun Cho  Daehun Kim  Min Jae Shin Literature Book Review  Seokwoo Lee International Law in Asia: A Bibliographic Survey – 2019  Sharad Sharma DILA Events 2019 DILA 30th Anniversary International Conference and 2019 DILA Academy & Workshop  Seokwoo Lee and Hee Eun Lee

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Book SynopsisLaunched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. This special issue of the Australian Year Book of International Law is a collection of essays providing commentary on how international law relates to the different dimensions of situations unfolding around us. Written during school shut-downs, campus closure, border restrictions, rising global infection rates and ongoing uncertainty as to what would happen next, they are also valuable reflections in a time of great crisis: fitting perhaps for a discipline famously critiqued by Hilary Charlesworth as one of crisis, rather than situated in the everyday. At root, this collection go some way in analysing and answering the question of how, exactly, COVID-19 will impact on international law more generally.Table of ContentsObituary  HE Judge Crawford AC SC FBA Special Issue Covid-19 and International Law COVID-19 and International Law: Sketching the Parameters  Imogen Saunders, David Letts, Esmé Shirlow and Donald R Rothwell Supply Chains, COVID-19 and the GATT Security Exception: Legal Limits of ‘Pandemic Exceptionalism’  David Chieng COVID-19 Border Closures: A Violation of Non-Refoulment Obligations in International Refugee and Human Rights Law?  Kate Ogg and Chanelle Taoi International Refugee Law in Crisis: Islands, Incarceration and Neo-Refoulement during COVID-19  Jessica Hambly The ‘Infodemic’: Is International Law Ready to Combat Fake News in the Age of Information Disorder?  Hitoshi Nasu Law of the Sea and the Pandemic—Humanitarian Principles under Siege?  Joanna Mossop Seismic Shifts: The COVID-19 Pandemic’s Gendered Fault Lines and Implications for International Law  Shruti Rana International Law of State Responsibility and COVID-19: An Ideology Critique  Robert Knox and Ntina Tzouvala State Responsibility, International Law and the COVID-19 Crisis  Sarah Heathcote Does International Law Need a Conscience? Evaluating the India–South Africa Proposal to Suspend Trips Obligations and the COVID-19 Vaccines  Dilan Thampapillai and Sam Wall International Human Rights Law and the Protection of Medical Scientists against State Inference during COVID-19  Jonathan Liljeblad Human Rights and Structural Inequality in the Shadow of COVID-19—A New Chapter in the Culture Wars?  Matthew Zagor COVID-19, International Human Rights Law and the State-Corporate Complex  Professor Jolyon Ford The UN Security Council’s Response to COVID-19: From the Centre to the Periphery?  Jeremy Farrall and Christopher Michaelsen Articles Drawing Lines at Sea: Australia’s Five Decades of Maritime Boundary Delimitation  Andreas Østhagen Notes Navigating China’s ‘3D’ Backlash against the International Legal Order: Adapting to Displacement, Disablement and Diversion  Daniel Kang Book Reviews: Edited by Amy Maguire A Commentary on the International Covenant on Civil and Political Rights: The UN Human Rights Committee’s Monitoring of ICCPR Rights  Paul M Taylor (Dr Maria O’Sullivan) War and Peace: Alberico Gentili and the Early Modern Law of Nations  Valentina Vadi (Samuel Berhanu Woldemariam) Freedom of Navigation and the Law of the Sea: Warships, States and the Use of Force  Cameron Moore (Donald R Rothwell) Bringing International Fugitives to Justice: Extradition and Its Alternatives  David A Sadoff (Lieutenant Colonel Joanna Guilfoyle) Research Handbook on Intellectual Property and Investment Law  Christophe Geiger (ed) (Luke Hawthorne) Fossil Fuel Subsidy Reform—An International Law Response  Vernon JC Rive (Rafaela Oliari) Regular Features Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2020  Mary Crock, Rosemary Grey, Freya Appleford, Wendy Chen, Sarah Charak, Christian Cieplik, Anisha Gunawardhana, Jake Jerogin, Adam Liskowski, Jessica Mitchell, Olivia Morris, Anh-Tuan Nguyen, Bianca Tini-Brunozzi, Alexandra Touw and Kevin Zou Cases before International Courts and Tribunals Concerning Questions of Public International Law Involving Australia 2020  Mary Crock, Rosemary Grey, Freya Appleford, Anisha Gunawardhana, Miranda Hutchesson, Jake Jerogin, Emma Kench, Maxine Lucy McHugh, Olivia Morris, Alexandra Touw and Kevin Zou Australian Legislation Concerning Matters of International Law 2020  Kate O’Connell, Nish Perera, Keilin Anderson, Monique Andreatta, Chiara Angeloni, Asha Belkin, Loretta Benson, Dominica Condon, Simon Guthrie, Luke Hazleton, Hayley Keen, Guy Kelleher, Rhiannon Kerr, Annabelle L’Estrange, Alex Lia, Philip Matthews, Caitlin O’Rourke, Laura Paavola, Emily Rowbotham, Jordan Tsirimokos, Lavanya Vasan and Fiona Yeh Australian Practice in International Law 2020  Compiled and Edited by the Department of Foreign Affairs and Trade Treaty Action 2020 Table of Cases Table of Statutes Table of International Instruments

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Book SynopsisThe United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey, adopts a unique multidisciplinary approach by focusing on the legal, scientific, and economic perspectives of the United Nations Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI of the Convention. Central to its theme is raising awareness of the important role of the International Seabed Authority and how much it has achieved over the last 25 years in creating a regime for deep seabed mining. Through the rich and wide range of contributions, readers will be able to draw interesting new insight into the Authority’s evolutionary work as well as its legal framework.Table of ContentsAcknowledgments List of Figures and Table Notes on Contributors Part 1: Introductory Chapter Introduction: The International Seabed Authority A Twenty-Five-Year Journey  Myron H. Nordquist and Alfonso Ascencio-Herrera Introduction: Statement by H.E. Michael W. Lodge, Secretary-General of the International Seabed Authority at the Opening of the International Conference on Legal, Scientific and Economic Aspects of Deep Seabed Mining, Kingston, Jamaica, 14–16 November 2019  Michael Lodge The International Seabed Authority at Twenty-Five   The Status of the UNCLOS Notion of the Common Heritage of Mankind under International Law – Keynote Address  Patrick Robinson The International Seabed Authority and the United Nations A Success Story of Cooperation  Vladimir Jares Part 2: The Evolution of the International Seabed Authority from 1994 to Date 1 A Historical Perspective The Evolution of the International Seabed Authority  Michael Wood 2 Deep-Seabed Mining The Debate Continues  Stephen Vasciannie Part 3: Common Heritage of Mankind and Capacity Building under UNCLOS 3 The “Common Heritage of Mankind” Principle and the Equitable Sharing of Benefits  Frida M. Armas-Pfirter 4 The Enterprise under the 1982 United Nations Convention on the Law of the Sea and the Common Heritage of Mankind  Eden Charles 5 Gender Leadership for the UN Decade of Ocean Science The Pioneering Role of the International Seabed Authority  Ronán Long, Zhen Sun and Mariamalia Rodríguez Chaves Part 4: Dispute Settlement and Right to Redress under Part XI of UNCLOS 6 The Role of the Seabed Disputes Chamber in Dispute Settlement Relating to Activities in the Area  Albert J. Hoffmann 7 Checks and Balances on the Regulatory Powers of the International Seabed Authority  James Harrison Part 5: Scientific Aspects of Deep Seabed Mining 8 Deep-Ocean Polymetallic Nodules and Cobalt-Rich Ferromanganese Crusts in the Global Ocean New Sources for Critical Metals  James R. Hein and Kira Mizell 9 Future of Deep-Seabed Mineral Resources Environmental Issues  Philomène Verlaan Part 6: Sponsoring States and Liability Issues 10 Contractors’ Liability and the Sponsoring States’ Role in Enhancing the Liability of the Contractors  Guifang (Julia) Xue and Xiangxin Xu 11 The International Seabed Authority as Claimant for Damage to the Marine Environment Resulting from Activities in the Area Problems and Prospects  Tara Davenport 12 Insurance and Compensation Fund Design for Deep Seabed Liability Lessons from Existing Civil Liability Regimes  Neil Craik Future Prospects 13 The Draft Regulations on Exploitation of Mineral Resources in the Area “A Work in Progress”  Kathy-Ann Brown 14 The Future IS the Present  María Teresa Infante Caffi 15 An ISA Side Issue UNCLOS, Article 82 and Revenue Sharing  Ted L. McDorman Index

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Book SynopsisThis book explores the interplay between International Law and Chemical, Biological, Radio-Nuclear (CBRN) risks. An all-hazards approach is adopted to cover events of intentional, accidental and natural origin, and international obligations are presented according to the phases of the emergency management cycle, including prevention, preparedness, response and recovery.

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Book SynopsisThe mission of The Italian Yearbook of International Law is to make available to the English-speaking public the Italian contribution to the literature and practice of international law. Volume XXX (2020) opens with a contribution tracing the history of the Yearbook, on the occasion of the publication of its Thirtieth Anniversary Volume. It then hosts a Symposium on cities and international law. There follows a Focus on the Enrica Lexie arbitral award. As in every volume the following sections feature Articles, Practice of International Courts and Tribunals, Italian Practice of International Law and Bibliographies.

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.Table of ContentsAcknowledgements List of Figures and Tables Abbreviations Table of Cases Table of International Law Instruments Introduction 1 Plastics and the Marine Environment  1 About Plastic Materials  A The Nature of Plastics  i. Terms and Definitions  ii Additives  iii Economic and Social Considerations  B The End of Life of Plastic Materials  i Degradation of Plastic Materials  1) Degradation, Biodegradation and Composting  2) Degradation Process of Plastic Materials  3) Degradation of Plastics in Marine Environments  4) Biodegradability Standards and Labels  ii Plastic Wastes  1) Waste Generation  2) Costs and Impacts of Waste and Disposal  C Life-cycle Analysis and Impact Assessments  i The iso Standard Series on lca  ii The Life Cycle Initiative  iii. lca s and Plastics  2 Plastic Pollution in the Seas  A Abundance and Spatial Distribution  i Floating Plastic Debris  ii Plastic Debris in Beaches  iii Plastic Debris on the Seabed  B Composition of Marine Plastic Debris  C Main Pollution Sources  D Impacts of Marine Plastic Pollution  i Impact on the Marine Environment and Marine Biodiversity  ii Economic and Social Impacts  3 Summary and Interim Conclusions 2 The Protection of the Marine Environment from Land-based Sources of Plastic Pollution in International Law  1 The Global Framework  A Global Policy, Principles and Concepts  i The Global Policy Framework  1) UN Environment’s Role in Policy Formulation and Regulation with Regard to Land-based Sources of Marine Pollution  2) The 1992 Rio Conference  3) The 1995 Washington Conference and the gpa  4) The 2011 Honolulu Strategy: Plastics Coming into Focus  5) Plastic Marine Debris as a Raising Concern in Formal UN Processes  ii Relevant Principles and Concepts  1) Sustainable Development  2) The Polluter Pays Principle  Conclusion of Section A  B The UN Convention on the Law of the Sea  i Maritime Zones  1) Areas under National Jurisdiction  2) Areas beyond National Jurisdiction  ii unclos Part xii: The Protection and Preservation of the Marine Environment  1) Definition of Marine Pollution  2) General Obligations under unclos Part xii  3) Specific Obligations and Their Relevance to Plastics  iii Compliance and Enforcement: The Challenges of Plastics  1) The Legal Framework  2) The Challenge of Plastics  3) unclos Dispute Settlement  Conclusion of Section B  C The Law of the World Trade Organization  i The wto in a Nutshell  ii Core Principles and Agreements  1) The General Agreement on Tariffs and Trade  2) The Agreement on Technical Barriers to Trade  3) The Agreement on the Application of Sanitary and Phytosanitary Measures  iii General Remarks Regarding the Relationship between unclos Part xii and wto Law  iv The Role of wto Law with Regard to Domestic Implementation, Cooperation and Unilateral Enforcement  Conclusion of Section C  D Multilateral Environmental Agreements Relevant to Marine Plastic Pollution Mitigation  i The Protection and Preservation of Marine Species and Ecosystems  1) The Convention on Biological Diversity  2) Convention on the Conservation of Migratory Species of Wild Animals  3) Other Biodiversity-related Conventions  ii Waste Management and the Regulation of Wastes and Hazardous Chemicals  1) The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal  2) The Stockholm Convention on Persistent Organic Pollutants  iii International Watercourses  iv Prevention and Mitigation of Plastic Pollution from Sea-based Sources  v Climate Change Mitigation  Conclusion of Section D  2 Regional Schemes  A Overview on the Regional Schemes  i The Regional Seas Family  1) The Regional Conventions  2) Legal Instruments on Land-based Sources of Pollution  3) Specific Examples  B Strengths and Deficiencies  i General Effectiveness and Coverage of the Regional Programmes  ii Pollution Prevention Standards and Environmental Management  iii Institutional Considerations, Reporting and Compliance  iv Means of Implementation  C Evaluation: Can Regional Programmes Close the Gaps?  3 Implementation at the Subregional and National Levels  A A Typology of Implementing Strategies and Measures  i General Overview  ii Implementation at the Subregional Level: The Case of the European Union  B Consistency with wto Law  i Plastics and Trade  ii Bans, Taxes and Levies  iii Packaging Regulations and Other Technical Barriers to Trade  C Evaluation: Implementation and the Role of Trade Law Conclusion and Outlook  1 Challenges Related to Plastic Materials, Social Behaviour and Economic Capacities  2 Legal Framework and Regulatory Challenges  A Implementation and Enforcement  B Regulatory Lacunae  C Coherence  3 Successes and Way Forward Bibliography Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.Table of ContentsAcknowledgments Abbreviations and Acronyms Table of Cases and Legislation  Introduction 1 The International Monetary System in the Post-Crisis Era  1 Definition and Purpose of the International Monetary System  2 The Global Financial Crisis and the Fragility of the International Monetary System  3 Key Aspects of the Core Elements of the International Monetary System  3.1 First Element – Exchange Rates  3.2 Second and Third Elements – International Payment System and International Capital Movements  3.3 Fourth Element – Monetary Reserves and Access to Liquidity  4 Conclusion 2 Monetary Stability Competing Policy Objectives and Trade-Offs  1 Monetary Sovereignty Today  2 A Revision of the Concept of Monetary Stability at the Different Levels of Governance  2.1 Domestic Monetary Stability  2.2 International Monetary Stability  3 International Spillovers of Monetary Policy and Their Impact on Monetary Stability  4 Conclusion 3 A Common Concern of Humankind Approach to Monetary Stability  1 Monetary Stability as a Global Public Good  2 Common Concern of Humankind – Review of Literature and Evolution of the Principle  2.1 Expression in Treaties and Scholarly Work  2.2 Foundations and Evolution of the Principle  3 Common Concern of Humankind – Process of Claims and Responses  3.1 The Duty to Cooperate  3.2 Obligation to Do Homework  3.3 Securing Compliance  3.4 Arguments in Support of the Principle of Common Concern of Humankind  4 Monetary Stability as a Common Concern of Humankind – A Preliminary Assessment  5 Conclusion 4 The Duty To Cooperate – The Fund’s Role and Cooperation among States  1 Top-Down Approach – International Level of Governance  1.1 The International Financial Architecture – Governance Aspects  1.2 The Fund’s Role  1.3 International Standard-Setting and Soft Law  2 Bottom-Up Approach – Central Banking Cooperation  2.1 The Evolution of Central Banking Cooperation  2.2 Diplomacy and Coordination  2.3 Responses to the gfc and Its Aftermath  3 Common Concern as a Guide to Enhanced Cooperation in Monetary Affairs  3.1 imf Mandatory Based Surveillance  3.2 Improved gfsn  3.3 Harness the Commitments Assumed at the Government Networks  4 Conclusion 5 Domestic Obligations Concerning Monetary Stability The Special Role of Central Banks  1 Domestic Obligations – The Special Role of Central Banks  1.1 Internal Dimension of Monetary Stability – Price Stability  1.1.1 Institution of a State  1.1.2 Issuance of Money  1.1.3 Privately Issued Virtual Currencies and Central Bank Issued Virtual Currencies  1.1.4 Conduct of National Monetary Policy  1.2 External Dimension of Monetary Stability – Exchange Rate Stability  1.2.1 Administration of a System of Exchange Control  1.2.2 Management of a Country’s Foreign Reserves  2 Conclusion 6 Domestic Obligations Concerning Monetary Stability Unilateral Reactions and Securing Compliance  1 Domestic Obligations – Unilateral Reactions  1.1 Exchange Restrictions  1.2 Capital Controls  1.3 Exchange Rate Manipulation  1.4 Other Reactions  2 Securing Compliance – Monetary Stability Considerations  3 Conclusion  Conclusions Bibliography Index

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Book SynopsisRead also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.Table of ContentsPreface Acknowledgements List of Illustrations Abbreviations and Euphemisms part 1 The Meaning of Straits and Hybrid Threats 1 The Implications of Hybrid Threats to the Maritime Domain 2 The Legal Concept and Classification of Straits  2.1 The Legal Concept of a Strait  2.2 The Legal Classification of Straits  2.3 The Law of Naval Warfare in Straits and Its Relation to the Law of the Sea 3 The Concept of Hybrid Threats  3.1 The Meaning of Hybrid Conflicts  3.2 Differences between the Rules on the Use of Force in Maritime Law Enforcement Operations and Armed Conflicts  3.3 The Meaning of Hybrid Warfare part 2 Use of Force in Maritime Hybrid Warfare 4 Permit-Based Passage v. Transit Passage in an Occupied Area The 2018 Kerch Strait Incident and the 2022 Ukraine-Russia Naval Warfare  4.1 The Kerch Strait Incident and Its Implications for the Passage Regime in the Sea of Azov  4.2 Freedom of Navigation of Ukrainian and Russian Ships in the Kerch Strait  4.3 A Critical Analysis of Ukraine’s Arguments about the Applicability of Transit Passage to Ships and Aircraft in/over the Sea of Azov and the Kerch Strait  4.4 The Significance of 2003 Bilateral Treaties for the Passage Regime of the Kerch Strait  4.5 The Sea of Azov as a Potential Historic Bay and Its Implications for the Regime of Passage in the Kerch Strait under Article 35(a) of losc  4.6 The Importance of the Obligation of Non-recognition for the Passage Regime of the Kerch Strait  4.7 Parallel Legal Regimes vs Sui Generis Regime of the Kerch Strait  4.8 The Kerch Strait as a Belligerent Strait 5 Use of Force against Sovereign Immune Vessels Law Enforcement v. Humanitarian Law Paradigm  5.1 In dubio pro jus in bello?  5.2 Threshold of an Armed Attack in a Hybrid Naval Conflict  5.3 Distinction between Law Enforcement and Humanitarian Law Paradigms 6 Iran-Israel ‘Shadow War’ in Waters around the Arabian Peninsula and Incidents near the Bab el-Mandeb  6.1 Legal Regime of the Bab el-Mandeb  6.2 Geopolitical Characteristics of the Bab el-Mandeb  6.3 Terrorism and Piracy in and near the Bab el-Mandeb  6.4 Armed Conflict in Yemen  6.5 Background of the Iran-Israel Conflict  6.6 Problems with Attributing State Responsibility  6.7 Non-state Actors and Article 51 of the UN Charter 7 Russia’s Military Operations in the Territories of the Viro Strait’s Coastal States  7.1 Geographical and Geopolitical Characteristics of the Viro Strait  7.2 The Legal Regime of the Viro Strait  7.3 Foreign Military Activities in the Viro Strait: Incursions of Foreign Submarines and Military Aircraft part 3 Discriminatory Navigational Restrictions in Hybrid Conflicts 8 Discriminatory Prohibition of the Right of Transit Passage of a Commercial Ship The Arrest of Stena Impero by Iran  8.1 Geographical and Geopolitical Characteristics of the Strait of Hormuz  8.2 Legal Regime of the Strait of Hormuz  8.3 The 2019 Stena Impero Incident and the Traffic Separation Scheme in the Strait of Hormuz  8.4 Parallel Passage Regimes in the Strait of Hormuz?  8.5 Significance of Iranian Internal Waters for the Passage Regime in the Strait of Hormuz 9 Tensions in and over the Taiwan Strait in 2021  9.1 Legal and Geographical Characteristics of the Taiwan Strait  9.2 Navigation in the Taiwan Strait in the Light of Recent Developments in China’s Legislation  9.3 Geopolitical Tensions in the Taiwan Strait and Intrusions of Taiwan’s Air Defence Identification Zone 10 Discriminatory Navigational Restrictions in the Kerch Strait in Respect of Foreign Commercial Ships  10.1 The Significance of the Kerch Strait for Commerce  10.2 Restrictions on Foreign Commercial Ships’ Navigation through the Kerch Strait 11 Discriminatory Prohibition of the Right of Innocent Passage of a Commercial Ship The Vironia Incident in the Gulf of Finland  11.1 Right of Innocent Passage in the Eastern Gulf of Finland from 1920s to 2000  11.2 The Russian Federation’s Maritime Zones in the Gulf of Finland  11.3 The Vironia Incident in the Gulf of Finland and Its Aftermath  11.4 Potential Legal Basis of the Russian Federation’s Permit-Based Passage Regime in the Gulf of Finland part 4 Major Maritime Industrial Projects, Piracy, and Unidentified Soldiers 12 The Nord Stream Project and Estonian-Russian Incidents in the Viro Strait  12.1 Link between Industrial Projects and Maritime Security  12.2 The Significance of the Viro Strait’s eez Corridor for the Nord Stream Project  12.3 Marine Scientific Research in the Context of Seabed Studies on the Pipeline Route  12.4 The Incident between the Estonian Coast Guard and Russian Research Vessels in the Viro Strait’s eez Corridor  12.5 Permit-Based Marine Scientific Research in an eez: Estonia’s Decision to Deny Seabed Surveys 13 Countering the Threat of ‘Little Green Men’ in the Åland Strait  13.1 Geopolitical Characteristics of the Åland Strait and Preparations to Counter Unidentified Soldiers on the Åland Islands  13.2 Legal Regime of the Åland Strait 14 Threats of Piracy in the Straits of Malacca, Sunda, Lombok  14.1 Legal and Geopolitical Characteristics  14.2 Threats of Piracy in Indonesia and the Straits of Malacca and Singapore part 5 Concluding Observations on the Implications of Hybrid Threats for Maritime Security Law 15 A Need for a New Legal Framework on Hybrid Naval Warfare? 16 Discriminatory Navigational Restrictions in the Context of Hybrid Conflicts 17 Low-Intensity Use of Force (Hybrid Warfare) through the Prism of Law Enforcement and an Armed Attack 18 Guidelines for Distinguishing between the Rules of Armed Conflict and Law Enforcement in Grey Zone Naval Incidents  18.1 Use of Force by State Vessels against Attacks Launched from Commercial Ships  18.2 Use of Force against a Commercial Ship in a Law Enforcement Operation  18.3 State vs State Scenario Bibliography Chronological Table of International Instruments Table of National Legislation Chronological Table of Cases Chronological List of Maps Index

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Book SynopsisThe mission of The Italian Yearbook of International Law is to make available to the English-speaking public the Italian contribution to the literature and practice of international law. Volume XXXI (2021) opens with a Symposium on the Mediterranean Sea and international law. As in every volume the following sections feature Articles, Notes and Comments, Practice of International Courts and Tribunals, Italian Practice of International Law and Bibliographies.

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. Are countries capable of reducing economic inequality under conditions of contemporary globalisation without cooperating and coordinating with other countries? While states are far from powerless to effect distributional change within their own sovereign space, Taking a Common Concern Approach to Economic Inequality makes the case that cooperation and coordination is indeed necessary, especially in relation to corporate taxation. It accordingly contemplates the utility of a transnational taxation system that is embedded in cooperative sovereignty through the recognition of rising economic inequality and its deleterious effects – including how increasingly unequal distributions within countries make transnational cooperation and coordination efforts less likely – as a common concern of humankind.Table of ContentsAcknowledgements List of Figures Abbreviations 1 General Introduction 2 The Distribution of Income and Wealth within States Since the Beginning of the Twentieth Century Changes and Effects  1 Introduction  2 Changes to the Distribution of Income and Wealth within States Since 1900  2.1 Definitions and Methodologies  2.1.1 Definitions  2.1.2 Methodologies  2.1.3 Clarifications and Critiques  2.2 A (Very) Brief Overview of Distributional Changes within the States Since 1900  2.2.1 North America  2.2.2 East Asia and the Pacific  2.2.3 South Asia  2.2.4 Europe and Central Asia  2.2.5 Sub-saharan Africa  2.2.6 Latin America and the Caribbean  2.2.7 The Middle East and North Africa  2.2.8 Concluding Summary  3 The Effects of Changing Distributions of Income and Wealth within States  3.1 Economic Growth, Poverty Reduction and Mobility  3.2 Climate Change  3.3 Conflict, Violence and Civil War  4 Conclusions 3 Recognising the Distribution of Income and Wealth within States as a Common Concern of Humankind  1 Introduction  2 Economic Sovereignty and the Distribution of Income and Wealth Since ‘Globalization’s Second Unbundling’  2.1 ‘Globalization’s Second Unbundling’ and the Distribution of Income and Wealth within States  2.2 Conceptualising the Distributive Aspects of Contemporary Economic Sovereignty  2.2.1 An Outline of ‘Economic Sovereignty’ and Its Relation to the Provision of Public Goods  2.2.2 Towards a Contemporary Concept of the Distributive Aspects of Economic Sovereignty  3 The Recognition of Common Concerns of Humankind as Sovereignty Redefined  3.1 The Development of the Common Concern of Humankind Concept in International Law  3.2 The (Non-)recognition of a Common Concern of Humankind and Its Legal Implications  3.2.1 The Substance of, Space Covered by, and Location of Common Concerns of Humankind  3.2.2 The Temporal Elements of Common Concerns of Humankind  3.2.3 The (non-)Recognition and Mode of Recognition of Common Concerns of Humankind  3.2.4 The (Potential) Legal Implications of Common Concerns of Humankind: An Overview  3.3 Towards a General Theory for the Recognition of Common Concerns of Humankind in International Law  3.3.1 Framing a Common Concern of Humankind  3.3.2 The Threshold Question: Does State Sovereignty Need Redefinition?  3.3.3 Recognition of the Common Concern of Humankind through a Process of Law  4 Changes in the Distribution of Income and Wealth within States: to Recognise as Common, as Concern or as Common Concern?  4.1 Framing Changes in the Distribution of Income and Wealth within States as a Common Concern of Humankind  4.2 Illustrating That the Distribution of Income and Wealth Requires a Cooperative Conception of Sovereignty  5 Conclusions   Acknowledegments 4 Recognising a Distributional Common Concern in the Area of Corporate Taxation  1 Introduction  2 The Multinational as Global Institution and Use of the Corporate Form  2.1 Multinationals and Power  2.1.1 Instrumental Power  2.1.2 Structural Power  2.1.3 Discursive Power  2.2 Multinationals and Authority  2.3 The ‘Relative Autonomy’ of Multinationals  3 The Multinational as the Most Direct Institutional Actor: The Example of Changing Distributions of Income and Wealth within States  3.1 Multinationals and Within-firm Economic Inequality  3.2 Multinationals and Between-firm Economic Inequality  3.3 The Inseparability of Within-firm Inequality and Between-firm Inequality  3.3.1 Technological-enabled Economic Globalization  3.3.2 Technological Change Per Se  3.3.3 Market Power: Product Market Concentration, Corporate Consolidation, Monopolies and Monopsonies  3.3.4 Executive Compensation  3.3.5 Taxes  4 Parsing State Responsibility in Respect of a Distributional Common Concern into Multinational Action  4.1 To Change or Not to Change the Multinational and Corporations? Framing the Purpose of Corporate Law and Corporations  4.2 Taming the Multinational through Imposing Corporate Responsibility through Cooperative Regulation  5 Taxation of Multinational Firms and the Distribution of Income and Wealth within States  6 Tax Sovereignty as Cooperative Sovereignty  6.1 The Positive Elements of Tax Sovereignty  6.2 The Normative Elements of Tax Sovereignty  7 Recognition of a Distributive Common Concern: Utility and Implications  8 Conclusions 5 Concluding Remarks Bibliography Table of Materials Index

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Book SynopsisIn this book, Bertus de Villiers offers unique insights into institutional design aimed at the protection of minority rights. He reflects on several case studies to highlight various aspects of the complexity of contemporary constitution drafting and how creative solutions have been found to secure the rights of minorities. The respective chapters drill down to a practical level to assist constitutional scholars, legal scientists, the judiciary and practitioners to better comprehend the dynamics of minority rights in the country under discussion; to be informed by the jurisprudence that have arisen; and to gain insights from the adjustments that had to be made to more effectively protect the rights of minorities.Table of ContentsPreface 1 The Design of Institutions in Response to Diversity A Shot in the Dark or a Fine Art?  1 Introduction  2 To Accommodate, Integrate or Assimilate – That is the Question  3 Guidance to Institutional Design from International Law  3.1 Inconsistency is the Name of the Game  3.2 Selected International Legal Instruments: United Nations  3.3 Regional Legal Instrument: European Framework Convention for the Protection of National Minorities  3.4 From Theory to Practice: The (Non-binding) Lund Recommendations and Ljubljana Guidelines in Europe  4 Conclusion: Designing Institutions in Response to Diversity: A Shot in the Dark or a Fine Art? 2 A Promise Not to Keep? Lessons from Central and Eastern Europe to Establish Cultural Councils and Relevance to the Afrikaans Community of South Africa  1 Introduction  2 The Advent of Cultural Councils in Central and Eastern Europe  3 The Promise of Cultural Councils in the 1996 Constitution of South Africa  4 The Origin of the Cultural Council-debate in South Africa  5 Contemporary Cultural Councils in Estonia, Hungary and the Russian Federation  5.1 Legal Framework of the Cultural Councils  5.2 Power and Functions of the Cultural Councils  5.3 Observations of the Respective Cultural Councils  6 Lessons to be Drawn by the Afrikaans (and Other) Community  7 Conclusion 3 Non-territorial Self-government and Socio-economic Empowerment The Roma of Hungary  1 Introduction  2 Hungary: An Overview of Nationality Self-government  2.1 Population Composition  2.2 Establishment of Nationality Self-governments  2.3 Election of Nationality Self-governments  2.4 Nationality Self-governing Non-territorial Institutions  2.5 Nationality Self-government Functions  3 The Roma and Non-territorial Self-government  3.1 Who Are the Roma?  3.2 Nationality Self-governments for the Roma  3.3 Outcomes of Roma Self-government  3.3.1 Criteria to Assess Success or Failure of Self-government  3.3.2 Competing Philosophies between Roma and Other Nationalities  3.3.3 The 2011-Reforms  3.3.4 Varied Experiences of Self-governments  3.3.5 Integration or Accommodation or Both?  3.3.6 Who is Responsible for Socio-economic Improvement of the Roma?  4 Summary 4 Using Control Over Access to Land to Achieve Cultural Self-government (of Some Sort) Reflecting on the Experiences of Aboriginal People with the Right to Negotiate in Australia  1 Introduction  2 Characteristics of the Right to Negotiate  3 Aboriginal People of Australia – A Brief Overview  4 Recognition of Native Title  5 Incorporating Aboriginal Communities: A Legal Basis to Exercise Collective Rights  6 Right to Negotiate: Its Meaning and Effect  6.1 How Does the Right to Negotiate Come into Existence?  6.2 What Does the Right to Negotiate Entail?  6.3 Support for Aboriginal People in “Good Faith” Negotiations  6.4 Option for Indigenous Land Use Agreements as an Alternative to Right to Negotiate  6.5 Compensation for Loss or Diminution of Native Title  7 The Right to Negotiate and Its Contribution to Aboriginal Self-determination 5 Breaking New Ground for Indigenous Non-territorial, Cultural Self-government – the Noongar Settlement in Australia  1 Introduction  2 An ilua – a Publicly Registered Treatise for Land Access and Cultural Self-government  3 The Noongar People – Trailblazers for Community Self-government  4 The Road to Settlement: From Litigation to Negotiation  5 Essential Principles of the Noongar Settlement  6 Main Elements of the Noongar Compensation Package  7 The Noongar Settlement – a Proper Classification  8 The Noongar Settlement – Principles of Relevance to the Theory and Practice of Protection of Minority and Indigenous Rights  9 Conclusion 6 Does a Constitution Have a Soul? The Role of Bundestreue in the Germany and Ubuntu in South Africa to Give Life and Identity to a Constitutional Text  1 Introduction  2 Introduction to the Term Bundestreue  3 Bundestreue and its Relevance to the Conduct of Intergovernmental Relations  4 The Origin of Bundestreue  5 Bundestreue in Its Practical Application  6 Ubuntu – An Implied Term of Dignity, Fairness and Humanity  6.1 Origin and Meaning of Ubuntu  6.2 Reliance on Ubuntu by the Constitutional Court  7 Summary of Comparisons between Bundestreue and Ubuntu  8 Conclusion 7 Flying a Flag for Freedom of Expression When Does a Historic Symbol of a Minority Turn into Hate Speech? The Case of the Old Flag of South Africa  1 Introduction  2 Background to the Flag Dispute  3 Events Leading to the Dispute about the Old Flag  4 Background to the Old Flag  5 Legal Framework  6 Judgment: Does the Display of the Old Flag Constitute Hate Speech?  7 Five Questions about Symbols and Hate Speech – Comparative Experiences  7.1 General Comments on the Judgment  7.2 Foreign Comparative and International Law  7.2.1 A Flag as Hate Speech  7.2.2 Universal Definition of Hate Speech  7.2.3 Can Hate Speech Be Influenced by Effluxion of Time?  7.2.4 Test for Hate Speech: Intention or Perception?  7.2.5 Balance between Freedom of Speech and Protection Against Hate Speech  8 Summary 8 Concluding Observations Bibliography Index

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Book SynopsisHow can subnational governments best integrate climate change considerations across policy areas? Which factors contribute to successful integration? With a specific focus on transport, spatial planning policies, and energy and water in selected cases located at the border of the Alpine region between Italy and Austria, this volume shows that coordination (vertical and horizontal), public participation and information, leadership, and dedicated funding play fundamental and interlinked roles in climate change policy integration.

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Book SynopsisIn The Investment Game in Private Equity, Mika Lehtimäki discusses the legal and contractual relationship between investors and managers of private equity funds as well as the economic incentives governing their relationship. Based on this analysis he sets out a game-theoretical framework for evaluating the role of regulation and contract in asset management. He argues that the contractual ‘investment game’ between the parties, noting their outcome maximisation objective, results in much of the current fund regulation being non-optimal from the investor perspective. This means that the parties are able to control, subject to qualifications relating to the bargaining process, their relationship and the protect their interests contractually instead of resorting to extensive regulation.

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Book SynopsisThe Impact of COVID on International Disputes includes contributions from global arbitration experts, including legal practitioners and academics, takes a fresh look at issues addressed in international arbitration during the COVID-19 pandemic, gathering best practices, additional perspective and predictions based on current practices that will help -parties, counsel and arbitrators through proceedings.Table of ContentsPreface Acknowledgments List of Figures and Tables Notes on Contributors Introduction   Mikkel Gudsøe 1 The Rise and Impact of the “Zoom Negotiation” Cross-Cultural Variations in Virtual Negotiations and Lessons from the covid-19 Pandemics   Edoardo Agamennone 2 The Impact of the covid-19 Pandemic on International Arbitration Practices Greener Arbitrations with Reduced Due Process Paranoia?   Pratyush Panjwani 3 “Virtual” Dispute Resolution in International Arbitration Mapping Its Advantages and Main Caveats in the Face of covid-19   Belen Olmos Giupponi 4 The Impact of covid-19 on International Arbitration Procedure   Kristen M. Young, Jennifer A. Ivers, and Katherine Schroeder 5 Salient Considerations for Remote International Arbitration Hearings   Karthik Nagarajan and James J. East Jr. 6 Hearings in International Arbitration What Has the Pandemic Taught Us about Virtual Hearings and What They Can Offer in the Future?   Ben Sanderson, Maria Scott and Sean Croft 7 The Question of Remote Hearings in International Commercial Arbitration   Bahar Hatami Alamdari 8 The Practice of Virtual Hearings during covid-19 in Investment Arbitration Proceedings   Bjorn Arp and Edwin Nemesio 9 Ordering Online Arbitration in the Age of covid-19 … and Beyond   Amy J. Schmitz 10 Technology as a Vehicle to Enhance Arbitration   Aichell Alvarado 11 The New Landscape of Arbitration in View of Digitalization   Magdalena Łągiewska 12 covid-19’s Inhospitable? Effects on the Arbitral Community   Helena Tavares Erickson 13 The Impact of covid-19 on Arbitration   Luis M. Martinez and Michael A. Marra 14 Impact of covid-19 on Arbitration Centers   Elizabeth Roberts 15 Rethinking Costs in International Arbitration A Gift from the covid-19 Pandemic   Bamikole Martins Aduloju Index

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Book SynopsisThe hospitality and construction industries are international economic drivers, with complex economic relationships and diverse legal issues. Cases and rulings are not static and move along a continuum in time and context. The evolution of legal agreements and disputes in hospitality and construction are not confined to any sort of strict schedule. This volume addresses the many cases and experiences of parties, counsel and arbitrators during the pandemic, and discusses issues such as key contract provisions, the impact of the COVID pandemic on investment treaties, and access to arbitral institutions.Table of ContentsForeword Hospitality and Construction – Two Candidates for Legal Harmonisation List of Figures and Tables Notes on Contributors Part 1   Introduction: Hospitality Disputes   Hadrian Beltrametti-Walker 1 Funding Construction and Hospitality Disputes in the Time of covid   Fernando Ortega and Giacomo Lorenzo 2 After covid, Unintended Economic Partners and Adversaries When Banks Foreclose on Properties – a Game Theory Approach: Coopetition   Amadeu Blasco Muñoz 3 The Importance and Impact of Risk Allocation Clauses for Payment Obligations in Hospitality Contracts as Demonstrated by covid-19 Litigation   John D. Wilburn, Richard D. Holzheimer, Jr. and Kang He 4 Disputes under Hotel Management Agreements: before, during, and After covid-19   Thomas R. Snider and Greig Taylor 5 Government Measures and Investment Treaty-Based Claims   Eckhard Hellbeck 6 The Private and Public International Law Dimension of Arbitrations Arising Out of the Hospitality Industry as a Result of the covid-19 Pandemic   Bernhard Maier and Olivia Flasch Part 2   Introduction: Construction Disputes   Katherine Simpson 7 Abeyance to Resuscitation – Construction Arbitration in the Post-covid Era   Gautam Mohanty and Yasaschandra Devarakonda 8 Investor-State Arbitration and the International Construction Sector   R. Zachary Torres-Fowler, Jamey Collidge, and Cindy Lee 9 Expedited Arbitration as an Alternative to Dispute Boards during the Course of International Construction Projects   Pierre Yves Gunter and Anya Marinkovich 10 To What Port You Sail: Make Your Call on Demand Guarantees   Martina Magnarelli 11 covid and Construction Disputes: Lessons Learnt and the Future Outlook   Oluwaseun Oloruntimehin   Conclusion   Steven G. Shapiro Index

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Book SynopsisGlobalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe. In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.Table of Contents1 Introduction: State, Law, and Religious Diversity   Joseph Marko, Maximilian Lakitsch, Wolfgang Weirer, Franz Winter and Kerstin Wonisch Part 1 Religion, State, Law, and Secularism 2 Human Rights and the Osmosis between Secular and Religious Legal Systems The Post-modern European Right to Freedom of Religion through the Prism of the Islamic Veil   Alessandro Ferrari 3 Protection or Persecution? The State, the Law, and Minority Religion   Eileen Barker 4 Historicizing the Secularization Debate A Helpful Illustration from Bosnia and Herzegovina   Dino Abazović 5 Russian Conservatism and Human Rights in Europe   Mikhail Antonov 6 Multiculturalizing Secularism   Tariq Modood Part 2 Islamic Concepts of Law and Politics 7 Beyond the State Law Versus God’s Law Dilemma: A Genealogical Approach to Islamic Concepts of Law, Politics, and Sovereignty   Jocelyne Cesari 8 Religious Diversity, Secularisms, and Ideologies Comparing Western and Muslim Countries   Ahmet T. Kuru 9 Is a Comparative History of Western and Islamic Political Thought Possible?   Joseph Marko Part 3 The Varieties of Religious Fundamentalisms 10 Islamic Fundamentalism: Beyond Islamism, Extremism, and Political Islam   Rüdiger Lohlker 11 Fundamentalisms Old and New? Intra-religious Developments and Inter-denominational Alliances in the New Christian Right in Austria   Katharina Limacher 12 The Varieties of Fundamentalism: A Comparative Approach to the Use of a Very Popular Term with a Buddhist Side-Step   Franz Winter Part 4 Gender and Religion 13 Religion, Gender, and Law: A Tense Relationship   Kerstin Wonisch 14 Critical Reflections on the Androcentrism of Religious Norms: The Heteronomy of the Female Body   Dana El-Omari 15 Canon and Tradition in Transition: The Case of Gender in Israel   Henriette Dahan Kalev Part 5 Religion and Education 16 Religion, Human Rights and Education in Pluralistic Societies Re-visiting John Rawls and Jürgen Habermas   Manfred L. Pirner 17 The Question of Truth within the Context of (Religious) Plurality A Challenge for Religious Education   Andrea Lehner-Hartmann 18 Pluralistic Society as a Challenge for Islamic Education An Example from Austria   Zerkirija Sejdini 19 Religious Education in a Pluralistic Society Opportunities, Challenges, and Legal Conclusions   Wolfgang Weirer Part 6 Interreligious Dialogue and Peacebuilding 20 Reconsidering the Transnational Dimension of Religion and Conflict   Maximilian Lakitsch 21 Interreligious Dialogue in a Pandemic Reality Between Priority and Luxury   Mohammed Abu-Nimer 22 Religious Perspectives and their Relevance for Peace: A Few Concluding Remarks on Interreligious Dialogue   Maximilian Lakitsch and Franz Winter Index

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Book SynopsisRegulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.Table of ContentsList of Figures and Tables Table of Cases Table of Legislation Notes on Contributors Introduction to Regulation of Risk   Gabriela Argüello, Abhinayan Basu Bal, David Langlet and Trisha Rajput The UN Arms Trade Treaty A Multilateral Trade and Security Treaty Not Regulated by International Trade Law? 38   Abdulmalik M. Altamimi Ice Management Research and the Arctic Marine Environment   Gabriela Argüello and Julia Johansson Divide and Conquer or Unite to Trade Trade Facilitation Along the China-Europe Railway Corridors   Abhinayan Basu Bal, Trisha Rajput and Yongmei Chen The Meaning of “Accident” under the Montreal Convention in Light of cjeu Jurisprudence   Olena Bokareva Admissibility of Air and Marine Accident Investigation Records in Arbitration and Litigation   Jason Chuah When Economic Sanctions Lead to Conflict of Laws and Real Risks for Businesses   Carolina Dackö Risks Posed by the covid-19 Pandemic Regarding the Carriage of Goods and Passengers by Sea — Considerations on Seafarers’ Rights and Health Protection   Jonatan Echebarria Fernández International Shipping Who Levels the Playing Field?   Ellen J. Eftestøl and Emilie Yliheljo Risk in Transporting Dangerous Goods via RoRo and RoPax Shipping   Jonas Flodén and Johan Woxenius Scrubber Technology — Bad News for the Marine Environments   Ida Maja Hassellöv Autonomous Wrecks   Jhonnie Mikael Kern High Seas Marine Protected Areas — Impact on Shipping and the imo   Niels Krabbe Shipping and the Ecosystem Approach   David Langlet Autonomous Shipping Some Reflections on Navigational Rights and Rescue at Sea   Martin R. Leopardi Maritime and Aviation Law A Relational Retrospect and Prospect on Unmanned Ships and Aircraft   Huiru Liu Some Perils of Turning Small Ships into Big Boats On the Relevance of Addressing the Real Issues in Law   Claes Martinson The International Regulatory Framework of mass Disruption   Maximo Q. Mejia Jr. Salvage Agreement and Contract Salvage Risk Dynamics in Salvage Law   Proshanto K. Mukherjee (Smart) Contractual Networks in the Carriage of Goods by Sea   Livashnee Naidoo Restricting International Trade through Export Control Laws: National Security in Perspective   Trisha Rajput Legal Tools for Overcoming Perceived Risks in Green Shipping   Pia Rebelo Third Party Direct Rights of Action against Insurers under UK Law and International Maritime Liability Conventions   Rhidian Thomas

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Book SynopsisThis book combines Christian theology, Enlightenment liberalism, and modern social science to defend the marital family as an essential institution for adults and children, regardless of sexual orientation. John Witte presents the marital family as an integrated sphere with natural, social, economic, communicative, contractual, and spiritual dimensions. He rejects modern efforts to abolish the legal category of marriage or to reduce it to a transient and malleable sexual contract. While celebrating the sexual liberty of consensual adults, Witte calls for stable marital families and responsible sex and parentage as the surest and safest path to private flourishing and social stability for all.Table of ContentsContents Preface and Acknowledgments Abstract Keywords  Introduction  1 The Marital Sphere  2 The Nature of the Marital Family  3 It Takes a Society to Raise a Family  4 The Economics of the Family  5 The Communicative Dimension of the Family  6 The Contractual Dimensions of the Marital Family  7 The Marital Family as a Spiritual Institution  Concluding Reflections: The Modern Marital Family in Traditional Christian and Modern Liberal Perspectives Bibliography

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Book SynopsisLaunched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.Table of ContentsEditorial Note  Seokwoo Lee and Hee Eun Lee Articles Korea: From Norm Taker to Norm Maker in International Law  Seokwoo Lee and Hee Eun Lee Building an Agreement on Biodiversity beyond National Jurisdiction: What Are the Positions of Asian States?  Le Thi Anh Dao and Vu Quoc Tuan Legal Materials Participation in Multilateral Treaties  Karin Arts Note on the State Practice Section State Practice of Asian Countries in International Law  Sumaiya Khair (Bangladesh)  Sergey Sayapin (Central Asia)  R Rajesh Babu and Sujith Koonan (India)  Arie Afriansyah, Akbar Kurnia, Gregorius Sri Nurhartanto, I Made Budi Arsika, M. Reza Syariffudin Zaki, Siti Halimah Indrani Anwar and Rehulina Sri Wartini (Indonesia)  Vahid Rezadoost, Seyed Hossein Sadat Meidani, Abdollah Abedini, Mahin Sobhani, Pouria Askari, Katayoun Hosseinnejad, Nasim Zargarinejad, Amir Maghami, Ali Mashhadi, Mojtaba Asghrian and Khalil Rouzegari Agbalag (Iran)  Kanami Ishibashi (Japan)  Buhm-Suk Baek (Korea)  Mary George (Malaysia)  J. Battogtokh, B. Sosorbaram, Baasankhuu G, and Baigal Enkh-Amgalan (Mongolia)  Pranjali Kanel and Anusha Kharel (Nepal)  Rommel J. Casis, Celeste Ruth L. Cembrano-Mallari, Michael T. Tiu, Jr., Jacqueline F. Espenilla, Joan Paula A. Deveraturda and Cecilia Therese T. Guiao (Philippines)  Tara M. Davenport (Singapore)  Wendy Wan Chun Ho and Dustin Kuan-Hsiung Wang (Taiwan)  Kitti Jayangakula, Pataramon Satarak and Nattawat Krittayanawat (Thailand)  Trinh Hai Yen, Ton Nu Thanh Binh and Hoang Thi Ngoc Anh (Vietnam) Literature Book Review  Bruno Savoie International Law in Asia: A Bibliographic Survey – 2020  Sharad Sharma DILA Events 2020 DILA International Conference and 2020 DILA Academy & Workshop  Seokwoo Lee and Hee Eun Lee

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Book SynopsisMultilateral investment treaties (MITs) are international legal instruments whose purpose is to facilitate social and economic cooperation on a global scale. While there is abundant literature and precedent on MITs generally, authors Kabir Duggal and Mohamed Wahab provide some of the first analysis focusing on the execution of MITs in the Arab and Muslim-majority worlds in this volume of Brill Research Perspectives in Investment Arbitration. This book focuses on two MITs: the Unified Agreement for the Investment of Arab Capital in the Arab States (UAA) and the Organisation of Islamic Cooperation Agreement for Promotion, Protection and Guarantee of Investments Among Member States (OIC). The UAA and OIC are among the oldest MITs in the world, enacted in 1980 and 1988, respectively. But only recently have these two long-dormant treaties acquired special significance. This book provides a comprehensive, critical review of these two treaties.Table of ContentsContents The Resurgence of the Unified Arab Investment Agreement and the Organisation for Islamic Cooperation Investment Agreement A Dawn of a New Chapter on Investment Protection?  Kabir Duggal and Mohamed S. Abdel Wahab Abstract Keywords  1 Introduction  2 The Unified Arab Agreement  3 The OIC Agreement  4 Jurisdictional Requirements  5 Substantive Protections  6 Dispute Resolution  7 Conclusion  Bibliography

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Book SynopsisChina’s foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China’s foreign investment legal regime lead its two-way investments towards the country’s five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China’s foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.Table of ContentsPreface and Acknowledgements List of Figures and Tables List of Legislation, Normative Documents, Treaties and Non-binding Documents   Chinese Legislation and Normative Documents    Chinese Laws and Amendments Passed by the National People’s Congress    Administrative Regulations and Normative Documents Passed by the State Council    Rules and Normative Documents Passed by Organs of the State Council    Local Regulations and other Normative Documents   China’s Investment Treaties and Treaties with Investment Provisions   Other China’s Agreements and Treaties   Other Legislation and Institution Rules, Non-binding Documents,Conventions and Treaties List of Cases Abbreviation and Acronyms 1 China’s Two-Way Investments and Its Development Goals  1 China’s Development Goals Relating to Its Foreign Investments   1.1 Building Technological Capacity   1.2 Deepening Integration into the Global Economy   1.3 Promotion of Green Development   1.4 Protection of Security   1.5 Participation in Global Economic Governance and Rule-Making   1.6 Requirements of the Development Goals for China’s Foreign Investment Legal Regime  2 Historical Development of China’s Inward Foreign Investments  3 Historical Development of China’s Outward Foreign Investments 2 China’s Domestic Law Governing Inbound Foreign Direct Investment  1 Historical Development of China’s Domestic Foreign Investment Legal Regime   1.1 Historical Evolution of the Laws Governing the Three Major Types of FIE s   1.2 The Change of Guideline Catalogues of Foreign Investment Industries and Project Approval Procedures   1.3 The Incremental Establishment of the National Security Review Mechanism  2 The Recent Reform of China’s Foreign Investment Legal Regime   2.1 Positive Steps towards China’s Development Goals   2.2 False Steps towards China’s Development Goals  3 Conclusion 3 China’s Domestic Law Governing Outbound Foreign Direct Investment  1 Historical Development of China’s Domestic Legal Regime Governing ODI s before “Going-out”  2 Ex ante and ex post Supervision of China’s ODI s   2.1 Ex ante Supervision of Overseas Investment Projects   2.2 Ex ante Supervision of Overseas Enterprises   2.3 Ex post Supervision of ODIs  3 Promotion of China’s ODI s  4 Protection of China’s ODI s   4.1 Service Provided by the Authorities   4.2 Investment Insurance  5 Possibility of Establishing China’s Investment Court  6 Conclusion 4 China’s Investment Treaties and Treaties with Investment Provisions  1 Treaty Contents That Directly Incorporate China’s Development Goals   1.1 Preamble   1.2 Investment Promotion Clause   1.3 Not Lowering of Standard Clause   1.4 General Exception Clauses   1.5 Criteria to Determine Indirect Expropriation  2 Provisions That Can Be Designed to Suit the Need of China’s Development Goals   2.1 Definition of Investment   2.2 NT Clause   2.3 MFN Treatment   2.4 FET Clause   2.5 Obligation of FPS  3 The Approaches of Treaty Implementation   3.1 Institutional Arrangements for Implementation   3.2 Investor-State Arbitration  4 Dealing with China’s Existing Treaties That Fail to Meet theRequirements of the Development Goals  5 Conclusion 5 The “Belt and Road” Initiative and China’s Development Goals  1 BRI and Building Technological Capacity  2 BRI and Promoting Green Development  3 BRI and Participating in Global Economic Governance and Rule-Making  4 BRI and Investment Promotion  5 Challenges of Implementing the BRI  6 Proposal of Making a Comprehensive BRI Investment Treaty   6.1 Necessity and Approach of Making a BRI Investment Treaty   6.2 Essential Contents of the BRI Investment Treaty  7 Conclusion Concluding Remarks Bibliography   Books   Book Chapters   Journal Articles   Online Articles   Official Documents, Reports and Speeches   News Media   Web Pages Index

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Book SynopsisHow can policies on trade and culture be coordinated in such a way that both are enabled to flourish? This book makes the argument for moving from viewing trade and culture as "in conflict" to assessing the two fields in coordination—at the domestic, regional and international levels. Juneyoung Lee makes the case for a preference for negotiations and monitoring, as opposed to legalized dispute settlement. Informal law-making processes and preferential trade agreements are also addressed.Table of ContentsList of Figures and Tables List of Acronyms and Abbreviations  Introduction  1 The Research Question and This Publication’s Approach  2 The Significance of the Coordinated Framework Proposed in This Publication  3 Limitations of This Publication  4 The Roadmap for This Publication Part 1 Conceptual and Instituional Approaches to Culture 1 Concept of Culture  1 Introduction: an Ontology of Culture  2 Difficulty in Defining Culture  3 Background – Broad Concept of Culture in Sociology 3.1 Anthropological Elements 3.2 Moral Elements  4 Background – Concept of Culture in unesco  5 Bringing ‘Culture’ into the Trade Domain 5.1 Critics – Confusingly Undefined or Ill-Defined Culture-Related Terminologies 5.2 Cultural Diversity and Cultural Identity 5.3 Is All Culture the Same? – Categorizations of Culture for the Debate on Trade and Culture – Is Literature Talking about the Same Thing?  6 A Working Scope of Cultural Products in the Debate on Trade and Culture – Spectrum of Cultural Products 6.1 Definition of Cultural Products 6.2 How to Measure Cultural Components in Cultural Products? 6.3 The 2009 unesco Framework for Cultural Statistics 6.4 Observations and Critiques on the 2009 unesco Framework for Cultural Statistics 6.5 Spectrum of Cultural Products  7 Concluding Remarks 2 Treatment of Culture in unesco  1 Introduction  2 The History and Functioning of unesco  3 Overview of Culture-Related Standard Setting and Terminology in unesco  4 unesco Standard Setting Instruments for Removing Trade Barriers to Cultural Goods  5 2005 unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions 5.1 Laying the Foundations for the 2005 unesco Convention 5.2 unesco Universal Declaration on Cultural Diversity 5.3 Preparation Phase for the 2005 unesco Convention 5.4 Terminologies of the 2005 unesco Convention and Their Trade Implications 5.5 The Objectives of the 2005 unesco Convention  6 Debatable Features of the 2005 unesco Convention in Relation to Trade 6.1 Article 6 and Article 2.1 of the 2005 unesco Convention: Policy Space 6.2 Article 20 of the 2005 unesco Convention: Mutual Supportive, Complementary and Non-subordinate? 6.3 Article 16 of the 2005 unesco Convention: Facilitation of Cultural Exchanges with Developing Countries 6.4 Article 17 of the 2005 unesco Convention: Co-operation in Situation of Serious Threat to Cultural Expressions  7 Comparison with the 1972 unesco World Heritage Convention  8 Concluding Remarks Part 2 Interaction between Culture and Trade at Domestic, Multilateral, and Preferential Scales 3 Current Situation of Domestic Cultural Policies That Bear Trade Implications  1 Introduction  2 Economic Rationales for Government Interventions in Cultural Products 2.1 Economies of Scale in Producing Cultural Products That Lead to Homogenization of Culture 2.2 Externalities Argument – Existence of Consumption Externalities? 2.3 Public Goods Argument – Are All Cultural Products Public Goods? 2.4 Option Goods, Merit Goods  3 Overview of Tariffs in Cultural Products  4 Overview of Non-tariff Measures in Cultural Products by Key wto Members 4.1 European Union 4.1.1 Television without Frontier Directive and Audiovisual Media Services Directive 4.1.2 State Aid – Communication on Certain Legal Aspects Relating to Cinematographic and Other Audiovisual Works 4.2 Canada 4.2.1 Broadcasting Act 4.2.2 Television Broadcasting Regulations 1987 4.2.3 Investment Canada Act 4.3 China 4.3.1 Revenue-Sharing with Joint Ventures, and Annual Quotas in Film Imports 4.3.2 Designated Importers of Movies 4.3.3 Content Examination 4.3.4 Quantitative Time Requirement for Domestic Movies 4.3.5 Tax Incentives 4.4 India 4.4.1 Higher Entertainment Tax on Foreign Films 4.4.2 Tax Incentives 4.5 Korea 4.5.1 Screen Quota System 4.5.2 Import Licensing 4.6 US 4.6.1 Communication Act of 1934 4.6.2 US Congressional Activities 4.6.3 Indian Arts and Crafts Act of 1935  5 Concluding Remarks 4 General Treatment of Culture in the Multilateral Trading System  1 Introduction  2 wto Law Perspectives 2.1 Overview of the wto Legal Provisions and Culture-Related Legal Provisions in the wto 2.1.1 Overview of the wto Legal Provisions 2.1.2 Culture-Related Provisions in the wto 2.2 Culture-Specific Provisions in the wto 2.2.1 gatt Article iv on Special Provisions Relating to Cinematograph Films 2.2.2 gatt xx (f) on Protection of National Treasures of Artistic, Historic or Archaeological Value 2.3 Goods or Services? – Became an Irrelevant Question?  3 Relation between the wto Laws and the unesco Convention on the Protection and Promotion of the Diversity of Cultural Expression 3.1 Applicability of the unesco Convention to wto Jurisprudence 3.2 wto China-Audiovisual Case and the unesco Convention  4 wto Negotiations Perspectives 4.1 Audiovisual Services 4.1.1 wto Members’ Positions 4.1.2 Advancing Technology and Classification Issues in Audiovisual Services 4.1.3 Subsidies for Audiovisual Services 4.2 Traditional Knowledge and Folklore  5 wto Administration Perspectives – Governance and Surveillance Instrument for Trade and Culture in the wto 5.1 Current Situation 5.2 Utilizing Existing Mechanisms 5.3 Co-operation with Other Culture-Related Multilateral Institutions (E.g. unesco)  6 wto Accessions Perspectives – Cultural Concerns during the wto Accession Process  7 Concluding Remarks 5 General Treatment of Culture in the Preferential Trade System  1 Introduction  2 Overview on pta s Regarding Cultural Products 2.1 Setting the Tone on Cultural Products in pta s – nafta Model 2.2 Canadian Model 2.3 US Model 2.3.1 Negative List Approach 2.3.2 Emphasis on Digital Products 2.3.3 Unchanged Exclusion of Subsidies 2.4 EU Model 2.4.1 General Exclusion of Audiovisual Services 2.4.2 Protocol on Cultural Cooperation in pta s Tied to the 2005 unesco Convention 2.4.3 Relatively Liberal Approach in Recreation, Cultural and Sporting Services 2.4.4 Standard Inclusion of Possibility of Prohibition or Restriction on Imports, Exports or Goods in Transition on the Grounds of Public Morality or the Protection of National Treasures 2.4.5 Specificities in Individual EU pta s 2.5 Chinese Model – First Steps towards Long-Term Engagement 2.6 New Zealand Creative Art Model  3 Overview on Investment Treaties and Protection of Culture 3.1 Southern Pacific Properties (Middle East) Limited v. Arab Republic Egypt 3.2 Parkerings v. Lithuania 3.3 Relevance of the icsid Legal Approach for the wto Cases  4 Concluding Remarks Part 3 Coordination between Culture and Trade 6 Ways Forward for Culture and International Trade Law From Conflict to Coordination  1 Analytical Recapitulation of Previous Chapters 1.1 Conceptualization of ‘Culture-Ness’ in Cultural Products 1.2 Institutional Challenge of unesco 1.3 Striving for Efficacy of the National Cultural Interventions 1.4 Institutional Capability of wto on Cultural Issues  2 Specific Suggestions for Ways Forwards: Presenting Options 2.1 Dispute Settlement Approach 2.1.1 Classic – Dispute Settlement in the wto 2.1.2 Fresh Complement – Informal International Lawmaking 2.2 Non-dispute Settlement Approach 2.2.1 Monitoring 2.2.2 Negotiations 2.2.3 Institutional Coordination 2.3 Plurilateral Agreement on Cultural Products 2.3.1 Dispute Settlement in a Plurilateral Agreement on Trade and Culture 2.4 Innovative Approach in pta s 2.4.1 Regional Option 1 – apec 2.4.2 Regional Option 2 – Council of Europe 2.4.3 New Era of the Discussion on Trade and Culture? – The eu-us pta  Conclusions Index

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Book SynopsisChina claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.Table of ContentsPreface Acknowledgements List of Figures Part 1: Introduction, Historical Background, and Views on the Status of Taiwan 1 Introduction: Description and Topicality of the Problem 2 Historical Background of the Taiwan Issue 3 Views on the International Legal Status of Taiwan Part 2: Relevant International Legal Conceptual Framework 4 The State: Importance of a Definition and History of Formation 5 The Montevideo Criteria for Statehood 6 Sovereignty and Independence 7 Additional Criteria for Statehood 8 Modes of Acquisition of Territory and Special Territorial Regimes Part 3: International Legal Status of Taiwan Section 1: The International Legal Status of Taiwan: Part of the “State of China” or Condominium of the Allies 9 Taiwan as Part of the “State of China” or a Condominium? Section 2: The International Legal Status of Taiwan: Independent State 10 Does the Taipei-based Republic of China Have a Defined Territory and a Permanent Population? 11 Does the Taipei-based Republic of China Have an Effective Government? 12 Does the Taipei-based Republic of China Have the Capacity to Enter into Relations with Other States? 13 Is the Taipei-based Republic of China a Sovereign Entity Whose Origin Is Not Illegal? 14 The Taipei-based Republic of China and the Will to Statehood Part 4: Conclusions and Final Remarks 15 Pseudomorphosis of Sovereign Taiwan after the Historical Republic of China (1912–1949) Epilogue: From International Law to International Relations and Geopolitics. Taiwan, Strategic Clarity and the Cohesion of the Democratic World Bibliography Cited Case Law Index

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Book SynopsisGlobal risks present formidable challenges to international law. Although they have long been identified in other scientific disciplines, they still lack a legal definition. Drawing on the practice related to the cases of climate change and pandemics, this book aims to identify the main legal elements that characterise global risks and to analyse the changes they bring to the main mechanisms of international law.Table of ContentsAcknowledgments Abbreviations Introduction  1 Origins of the Study  2 Purpose of the Book  3 Structure of the Book 1 International Legal Concept of Global Risk  1 Introduction  2 The Background: What Is New?   2.1 The Origins of Studies on Global Risks   2.2 Global Risks in Social Sciences  3 Elements of a Legal Definition of Global Risks   3.1 Defining Features Related to the Origins of Global Risks   3.2 Defining Features Related to the Potential Effects of Global Risks  4 Relationship between the Risks of Climate Change and Pandemics   4.1 Cross Influences   4.2 Legal Means of Coordination in the Fight against the Two Risks   4.3 Beginnings of Integration of the Two Risks: The Right to a Healthy and Sustainable Environment  5 Conclusions 2 The Role of International Law in Dealing with Global Risks  1 Introduction  2 Fragmentation of Legal Regimes Dealing with Global Risks   2.1 The Complex Implementation of Legal Regimes Aiming at Preventing Global Risks   2.2 Interactions with Other International Legal Regimes   2.3 The Shortcomings of the Rationale of Exception  3 The Integration Principle and the Links Created through Mainstreaming   3.1 The Integration Principle and Global Risks   3.2 Mainstreaming Global Risks at the International Level   3.3 Mainstreaming Global Risks at the Domestic Level   3.4 Integration between Global Risks  4 The Central Function of due Diligence Standards   4.1 Due Diligence Obligations in the Context of Global Risks   4.2 Determination of due Diligence Standards through the Interaction of International Legal Regimes   4.3 Implementation of due Diligence Standards through the Complementarity of International and Domestic Norms   4.4 In search of due Diligence Standards for International Organisations  5 Conclusions of the Chapter 3 Responsibilities for Global Risks  1 Introduction  2 The Limits of International Regimes of Responsibility   2.1 Multiplicity and Type of Damage Caused by Global Risks and Reparation   2.2 Complex Causality   2.3 Joint and Several Liability   2.4 Relationship between the Liability of International Organisations and the Liability of Member States  3 Responsibility for Global Risks Based on Violations of Human Rights   3.1 Responsibility for the Pandemic Risk Directly Related to the Right to Health   3.2 Responsibility for Climate Change Indirectly Related to Several Human Rights  4 State Responsibility for the Breach of International Norms on Global Risks before Domestic Courts   4.1 Contribution to the Effectiveness of Primary Obligations of States   4.2 Contribution to the Effectiveness of Secondary Obligations of States  5 Towards a Common Regime of Responsibility for Global Risks   5.1 From the Internationally Wrongful Act to the Link with Global Risks   5.2 From Certain to Potential Harm   5.3 From Reparation to Anticipation  6 Conclusions of the Chapter 4 Looking Forward, the Paths of Solidarity  1 Introduction  2 Climate and Health as Global Public Goods   2.1 Global Public Goods and International Law   2.2 Climate and Public Health as Common Concerns of Humankind   2.3 Possible Consequences of the Turn towards Global Public Goods  3 Mutual Supportiveness   3.1 Origins of the Notion of Mutual Supportiveness   3.2 Current Implementation in the Context of Global Risks   3.3 Future Perspectives of the Role of Mutual Supportiveness in Relation to Global Risks  4 The Emerging Principle of Solidarity and Global Risks   4.1 References to Solidarity in Relation to Global Risks   4.2 Effects of Solidarity in the Fight against Global Risks  5 Conclusion of the Chapter General Conclusion Bibliography Table of Cases Index

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Book SynopsisThis book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.Table of ContentsForeword Preface Acknowledgments List of Figures and Table Abbreviations and Acronyms Introduction Part 1 Patents and Exhaustion 1 Intellectual Property Rights and Patents: Introduction to Intellectual Property Rights 1.1 Brief History of Patents 1.2 Rationale for Patents 1.2.1 Libertarian 1.2.2 Self-expression 1.2.3 Utilitarian 1.2.4 Human Rights 1.2.5 Distributive Justice 1.2.6 Privacy 1.2.7 Egalitarian 1.3 Specific Characteristics of Intellectual Property Rights 2 Ubiquity and Exhaustion Doctrine: Ubiquity in Patents 2.1 Doctrine of Implied License 2.2 Doctrine of First Sale 2.3 Exhaustion of Patent Rights 3 Economics of Patents and Economic Rationale for Exhaustion in Relation to International Trade 3.1  3.1.1 The Economics of Patents 3.1.2 The Economic Arguments for Free Trade in Relation to Exhaustion of Patents 3.2 The Economic Reasoning for Patent Exhaustion 3.2.1 Economic Reasoning for ‘National Exhaustion’ of Patent Rights 3.2.2 Economic Reasoning for ‘International Exhaustion’ of Patent Rights 3.2.3 Economic Reasoning for ‘Regional Exhaustion’ of Patent Rights 3.2.4 Ideal Mode of Patent Exhaustion among the Three Modes 4 Evolution of Exhaustion: Patent Exhaustion in Different Jurisdictions 4.1 The United Kingdom and the Doctrine of ‘Implied License’ 4.2 Patent Exhaustion in Germany and Some Countries in Continental Europe 4.3 Patent Exhaustion in the United States of America 4.4 Patent Exhaustion in Japan 4.5 Patent Exhaustion in Some Developing Countries 4.5.1 Brazil 4.5.2 China 4.5.3 India 4.5.4 South Africa 4.5.5 Indonesia 4.5.6 Malaysia 4.5.7 Singapore 4.5.8 Thailand 4.5.9 The Philippines 4.5.10 Vietnam 5 Exhaustion and Parallel Trade: Patent Exhaustion 5.1 The Effect of Patent Exhaustion on Parallel Trade 5.2 The Effect of Exhaustion of Other ipr s on Parallel Trade 5.2.1 Exhaustion of Trademarks 5.2.2 Exhaustion of Copyrights 5.2.3 Exhaustion of Trademarks and Copyrights in Relation to Patent Exhaustion and Effect on Parallel Trade Part 2 Multilateral and Regional Trade Regulations and Patent Exhaustion 6 trips Agreement: The Negotiating History of the trips Agreement and Patent Exhaustion 6.1 Intellectual Property Rights under the gatt and the Negotiating History of trips 6.2 The Negotiating History of Exhaustion 6.3 Exhaustion under trips / wto: Analysis from the Multilateral Trade Perspective 6.3.1 Patent Exhaustion under the trips Agreement 7 gatt 1994 and Exhaustion 7.1 Preamble to the gatt 1994 7.2 Article i – Most Favoured Nation 7.3 Article iii – National Treatment 7.4 Article xx – General Exceptions 7.5 Article xi: 1 – General Elimination of Quantitative Restrictions 7.6 Article xxiv – In Light of the Most Favoured Nation Principle 7.7 Article xxiii: 1 – Non-discrimination of Quantitative Restrictions 8 General Agreement on Trade in Services and Its Interface with Patent Exhaustion 8.1 gats and Patent Exhaustion 8.2 Article ii and Article xvii in gats and Its Impact on Patent Exhaustion 8.3 Exceptions to Most Favoured Nation and National Treatment and Its Impact on Patent Exhaustion under Article v and Article xiv 9 Free Trade Agreements and Exhaustion: Different Regional Trade Agreements 9.1  9.1.1 Regionalism and Its Relationship with Multilateralism 9.1.2 Development of Regionalism in Different Parts of the World 9.1.3 Relation between Regionalism and Multilateralism with Reference to Articles xiv and xxiv of the gatt / wto Agreement 9.2 The European Union, European Free Trade Association, European Economic Area and Patent Exhaustion 9.3 North American Free Trade Area (nafta), United States Canada Mexico Agreement (usmca) and Patent Exhaustion 9.3.1 nafta: Historical Perspective and Evolution 9.3.2 nafta: Legal rules on Intellectual Property Rights and Patent Exhaustion  9.3.3 usmca: Background and Evolution 9.4 Association of Southeast Asian Nations (asean) and Patent Exhaustion 9.5 Gulf Cooperation Council (gcc) and Patent Exhaustion 9.6 Common Market of the South (mercosur) and Patent Exhaustion 9.7 Comprehensive and Progressive Agreement for Trans-pacific Partnership (cptpp), ipr s and Patent Exhaustion 9.8 Comprehensive Economic and Trade Agreement (ceta) and Patent Exhaustion Part 3 Policy Dimensions of Patent Exhaustion 10 Patents and Public Health: Patents and Access to Medicines – The Exhaustion Dimension 10.1 Historical Perspective of Patents, Public Health Concerns and Access to Medicines: The Indian Experience 10.2 Post-trips Scenario: Patents, Public Health Concerns and Access to Medicines 10.3 Public Policy Implications of Public Health Crisis Leading to trips Amendment 10.4 trips Amendment: Patent Exhaustion Enabling Parallel Trade 11 Exhaustion and Competition Policy: Patent Exhaustion and Its Relation with Competition Law and Policy 11.1 Competition Law and Policy in the Multilateral Trading System 11.2 Competition Law/Policy and ipr s within the gatt/wto Regime 11.3 Competition Law/Policy trips and Parallel Imports Conclusion and Final Remarks 12 Conclusion and Recommendation: Adoption of International Exhaustion of Patents, Globally 12.1. Purpose of Patent Protection, Ubiquity and Need for Balance 12.2 Patent Exhaustion in Different Countries: Need for Uniform International Exhaustion 12.3 Patent Exhaustion and Multilateral Trade: Need for Removal of Non-Tariff Barriers 12.4 International Exhaustion of Patents – Balancing ipr Protection and Consumer Welfare through Competition Policy 12.5 Addressing Parallel Imports under State Control and Restraints on Intellectual Property Rights 12.5.1 Restraint on Parallel Imports Due to Non-existence of Patents in Country of Export or Patents being Subject to Compulsory Licenses and Other Controls 12.5.2 Restraint on Parallel Imports due to Inferior Quality of Products 12.6 Amendment of the trips Agreement: Proposed Draft Amended Text for Article 6, trips Bibliography Legal Texts and wto Documents List of Cases Websites Index

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Book SynopsisFernando Tupa addresses the sometimes-overlooked yet fundamental principle that consent to international arbitration is forum-specific, and explores its significance and practical consequences for investment tribunals. The author proposes that, if there is only consent “in principle” to international arbitration by the host State in an investment agreement due to the lack of a forum (or the unavailability of the forum contemplated therein), a foreign investor would not be entitled to unilaterally initiate an investment claim against the host State under said agreement, absent a subsequent agreement between the foreign investor and the host State on an arbitral forum. He also draws some conclusions and warns against the dangerous consequences of ignoring this basic principle.

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Book SynopsisThough European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.Table of ContentsPreface 1 The Development of Administrative Law: Fact and Theory 1 Two Visions of Administrative Law 2 Public Administration without Administrative Law 3 Administrative Law as a Defining Aspect of the New State of the World 4 The Transformation of Administrative Law 5 A New Comparative Inquiry 6 Limits to the Inquiry 7 Structure of the Inquiry Part 1 A Diachronic Comparison 2 Judicial Review of Administration: Institutional Design 1 England and France: Ideal-types and Prototypes 2 The Reception of the English Prototype: Belgium and Italy 3 The Reception of the French Prototype: Italy and Belgium 4 The Austro-German Prototype 5 French Systematics in Germany 6 German Systematics in Italy 7 Beyond the State: Judicial Remedies in the European Communities 3 The Judicial Construction of General Principles (1890–1910) 1 An Empirical Analysis 2 Administrative Litigation: Similar Problems 3 Devising Solutions: Legality and Procedural Fairness 4 Devising Solutions: Government Liability 5 The Role of Judge-Made Law and the Place of Legal Theory 6 The Emergence of Common Principles 4 Sowing the Future: Austrian Administrative Procedure Legislation 1 Early Views on the Codification of Administrative Procedure 2 The Austrian Turn: Background 3 The Austrian Turn: Principles 4 An Area of Agreement between Legal Systems 5 A Case of Diffusion 6 The Wider Reach of Austrian Ideas 5 The Development of Administrative Procedure Legislation 1 Moving towards Administrative Procedure Legislation 2 Socialist Legal Systems and the Austrian Legacy 3 Spanish Legislation and Its Diffusion in Latin America 4 The Scandinavian Standard of Fair Procedure 5 Types of States and Administrative Procedure Legislation Part 2 A Synchronic Comparison 6 Commonality and Diversity in Administrative Procedure Legislation 1 The Diversity of Constitutional Foundations 2 The Heterogeneity of Administrative Procedure Legislation 3 An Area of Agreement: Administrative Adjudication 4 The Closest Things to Invariants: Hearings 5 The Closest Things to Invariants: Giving Reasons 6 Diversity: Rulemaking 7 A Factual Analysis: Adjudication 1 Hypothetical Cases 2 Freedom from Bias 3 The Unfair Dismissal of a Civil Servant 4 A License Revocation Inaudita Altera Parte 5 Administrative Detention without Reasons 6 Consultation: The Role of Experts 7 An Area of Agreement 8 A Factual Analysis: Rulemaking 1 Variety of Administrative Rules 2 Standardless Discretion? 3 Consultation before Policy Change 4 Partially Unpublished Rules 5 An Unexpected Area of Agreement 9 Governmental Wrongdoing 1 A Worst-Case Scenario 2 Further Consequences of Procedural Unfairness in Adjudication 3 Contracts: The Unlawful Exclusion of a Tenderer 4 The Violent Police Officer 5 Conclusion Part 3 Commonality and Diversity: An Evolving Relationship 10 Explaining Diversity 1 The Causes of Commonality and Diversity 2 Context Matters: History 3 Context Matters: Mentalités in Public Law 4 Policy Considerations and Change 5 Diverging Traditions: Rules and Legal Formants 6 The Legal Relevance of National Traditions 11 Explaining Commonality 1 The Legacy of ius commune: A Qualified View 2 The ‘Nature of Things’ 3 Legal Transplants: Authority, Prestige, and Quality 4 General Principles 5 Legal Harmonization 6 Institutional Isomorphism 7 The Growing Impact of Common Standards 12 The ‘Common Core’ of Administrative Laws: Concept, Nature, and Extent 1 Factual Analysis and Theory Development 2 The Common Core: An Overview of the Argument to Come 3 The Common Core: Concept and Issues 4 A Dynamic View of the Common Core 5 The Nature of the Common Core 6 The Extent of the Common Core 7 The Variety of Uses of the Common Core Index

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