Public international law: international organizations and institutions Books

Book SynopsisAmerican engagement with international law has long been framed by commitment to the ''international rule of law'', which persists even across divergent political and historical eras. Yet, despite appeals to legal ideals, American international law policy is consistently criticised as fraught with contradiction and distorted by beliefs in ''exceptionalism''. These contested claims of fidelity to law are the subject of this book: what does the ''international rule of law'' mean for American legal policymakers even as they advocate competing commitments to international legal order? Answers are found in extensive evidence that American policymakers receive international law through established foreign policy ideologies, which correspond with divisions in both legal scholarship and diplomatic history. Using the case of the International Criminal Court, the book demonstrates that the very meaning of the international rule of law is structured by competing ideological beliefs; between AmeriTable of ContentsIntroduction; Part I. Ideology in American International Law Policy: 1. America's 'exceptional' international law policy; 2. The structure of American foreign policy ideology; 3. Competing conceptions of the international rule of law; Part II. Contesting Global Legal Power Through the ICC: 4. Clinton administration 1992–2000; 5. Bush 43 administration 2000–04; 6. Bush 43 administration 2004–08; 7. Obama administration 2008–16; Conclusion.

Read more less

Book SynopsisSovereignty is a foundational idea upon which regional organisation of nations is built, yet its demise has often been predicted. Regionalism, which commits states to common frameworks such as rules and norms, tests sovereignty as states relinquish some sovereign power to achieve other goals such as security, growth, or liberalisation. This book examines the practice of normative contestation over sovereignty in two regional organisations of Africa and Asia the AU and ASEAN. A structured comparison of three case studies from each organisation determines whether a norm challenging sovereignty was accepted, rejected, or qualified. Ng has carried out interviews about, and detailed analysis of, these six cases that occurred at formative moments of norm-setting and that each had very different outcomes. This study contributes to the understanding of norms contestation in the field of international relations and offers new insights on how the AU and ASEAN are constituted.Trade Review'This timely, meticulously-researched, persuasively-argued, and provocatively-theorized book navigates the complex world of norm contestation in the African Union (AU) and the Association of South-East Asian Nations (ASEAN). Ng insightfully theorized that three factors of diplomatic practice drive norm contestation between relatively equal actors in international organizations. This pioneering book will be a great read for scholars and practitioners of international relations, diplomacy, international organizations, African and Asian Studies.' Thomas Kwasi Tieku, Associate Professor, King's University College, Western UniversityTable of ContentsPart I. Normative Contestation in Regional Organisations; 1. Introduction; 2. Theoretical Framework; Part II. The African Union; 3. The 'United States of Africa' Proposal; 4. The Conference on Security, Stability, Development, and Cooperation in Africa; 5. The Pan-African Parliament; Part III: The Association of Southeast Asian Nations; Part III. The Association of Southeast Asian Nations; 6. Human Rights 'Protection' in the ASEAN Charter; 7. The ASEAN Human Rights Mechanism; 8. Extending the 'ASEAN Minus X' Formula; Part IV. Comparative Findings; 9. Assessing the Model; 10. Conclusion.

Read more less

Book SynopsisThe United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples'' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a ''Trade and Indigenous Peoples Chapter'', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governmeTrade Review'… remarkable … Indigenous Peoples and International Trade significantly contributes to our understanding of an essential but under-examined subject.' J. Anthony VanDuzer, Journal of World Investment & TradeTable of ContentsForeword James (Sa'kej) Youngblood Henderson; Introduction John Borrows and Risa Schwartz; Part I: Indigenous Peoples and International Trade and Investment: Historical and Regional Perspectives; 1. Indigenous Diversities in International Investment and Trade John Borrows;2. Indigenous Historic Trade in the Western Hemisphere Angelique Eaglewoman (Wambdi A. Was'tewinyan); 3. Indigenous Peoples of Mexico At the Crossroads: The Human Cost of Continental Trade James Hopkins; 4. Neocolonialism and the Tension Between International Investment Law and Indigenous Peoples: The Latin American Experience Enrique Prieto-Ríos and Daniel Rivas-Ramírez; 5. How the WTO Constructed Inuit and Indigenous Identity in the Ec-Seals Products Michael Fakhri and Madeleine Redfern; Part II: Building a More Equitable and Inclusive Free Trade Agreement; 6. Environment Chapter: Recognizing the Rights of Indigenous Peoples in International Trade and Environment William David; 7. Intellectual Property Chapter: Trade-Related Aspects of Traditional Knowledge Protection Oluwatobiloba Moody; 8. Investment Chapter: International Investment Agreements and Indigenous Peoples' Rights Brenda L. Gunn; 9. Government Procurement Chapter: The Complex Landscape of Indigenous Procurement Maria Panezi; 10. Trade and Indigenous Peoples Chapter: Developing a Trade and Indigenous Peoples Chapter For International Trade Agreements Risa Schwartz; 11. General Exceptions: The Treaty of Waitangi Exception in New Zealand's Free Trade Agreements Amokura Kawharu; 12. Human Rights Impact Assessment: Assessing Impacts of Trade Agreements Human Rights and Indigenous Rights Caroline Dommen; Index.

Read more less

Book SynopsisThis book provides an interdisciplinary overview of international human rights issues, offering truly international coverage including the Global South. Considering the philosophical foundations of human rights, Chen and Renteln explore the interpretive difficulties associated with identifying what constitute human rights abuses, and evaluate various perspectives on human rights. This book goes on to analyze institutions that strive to promote and enforce human rights standards, including the United Nations system, regional human rights bodies, and domestic courts. It also discusses a wide variety of substantive human rights including genocide, torture, capital punishment, and other cruel and unusual punishments. In particular, the book offers an accessible introduction to key understudied topics within human rights, such as socioeconomic rights, cultural rights, and environmental rights. It also focuses on the rights of marginalized groups, including children''s rights, rights of persTrade Review'What a tour de force … readable, accessible, and analytically rigorous … As the world commemorates the 75th anniversary of the Universal Declaration of Human Rights, this timely book provides a teachable review of some of the most pressing human rights topics from interdisciplinary perspectives. It is strategically designed to enable readers to act on their sense of justice to move toward fairer horizons.' Rebecca J. Cook, Professor of Law Emerita, University of Toronto, Canada'Its approach is likely to engage an audience that goes beyond the usual suspects – lawyerly and academic circles. Highly recommended.' Christian Courtis, United Nations Office of the High Commissioner for Human Rights'Chen and Renteln's tremendous International Human Rights: A Survey provides a thoroughly modern account of international human rights. Without shying away from controversies, it goes beyond a standard legal analysis, embracing perspectives from different disciplines and tackling the normative architecture, contextual dimensions, and cultural complexities, as well as the perennial enforcement challenges. A powerful and ambitious work that will stand as an invaluable resource for academics and practitioners.' Siobhan McInerney-Lankford, Senior Counsel, World Bank'International Human Rights: A Survey is a monumental achievement, integrating careful theoretical exposition of human rights with practical considerations. Chen and Renteln masterfully analyze the promises and challenges facing those concerned with the betterment of the human condition, and offer wise and practical counsel for navigating the fraught circumstances in which they approach their goals. This book is a signal achievement, and an essential resource for anyone interested in human rights.' Robert A. Rubinstein, Distinguished Professor of Anthropology, Professor of International Relations, Syracuse University, USA'A comprehensive critical coverage of the evolution of the human rights movement at national, regional and international levels. It also explores emerging issues we can no longer ignore today like protection of the environment, rights of persons with disabilities and of LGBTQ+ people. These are not only pertinent to the North, but more crucially to the Global South, enhancing the book's value and appealing to the wider audience.' Tomoya Obokata, UN Special Rapporteur on Contemporary Forms of Slavery, Professor of International Law and Human Rights, Keele University, The United Kingdom'A major highlight of this volume is its rights-based approach, which unpacks questions of cultural relativism, genocide studies, torture and inhuman punishments within the universal human rights discourse, and its critical examination of the fractures introduced by histories of imperialism and colonialism. Chen and Renteln judiciously and meticulously capture the heroic journey of the human rights movement right from 1948 through the contemporary evolution of new regional human rights systems.' Vibhuti Patel, Vice President, Indian Association for Women's Studies, India'Chen and Renteln offer an accessible, but in-depth and critical, appraisal informed by anthropology, political sciences, and international relations to tackle some of the most contentious contemporary challenges in international human rights law. At a time when authoritarian governments appear ever more emboldened to challenge the centrality of human rights discourse, this book is a crucial contribution to a necessary reflection on the future of human rights.' René Provost, Professor of Law, McGill University, Canada'International Human Rights: A Survey is a must-read for students who want to deepen their knowledge on human rights and ready themselves to face the challenges posed by their violation. The book provides a comprehensive and fully updated analysis of all the human rights internationally protected in an easy and rigorous legal language. With this work, Chen and Renteln provided an important landmark in the road toward a global justice.' Ilenia Ruggiu, Professor of Constitutional Law and Vice-President, University of Cagliari, Italy'Comprehensive and readable, International Human Rights: A Survey is the essential contemporary human rights reader. It leaves no current issue, group, or region behind – from identity to culture, racial disparities, and gendercide. The book's 16 chapters, each clearly organized around the legal concepts, instruments, and movements that make human rights matter, expose students to the history, promise, and potential of human rights.' Mark Fathi Massoud, Professor of Politics, UC Santa Cruz and Visiting Professor of Law, University of Oxford'The authors have done a brilliant job elucidating various aspects of human rights, demonstrating persuasively that an understanding of the underlying ideas and their application in different areas is critically important not just in distant countries under authoritarian governments, but to all. This is an important book for the general reader and an essential work for the academic.' David Miller, former Mayor of Toronto, Canada and the author of Solved: How the Great Cities of the World are Fixing the Climate Crisis'This is the most comprehensive and accessible treatment of human rights available. Chen and Renteln cover every aspect of human rights – from genocide to the right to be forgotten – in this multidisciplinary book. Examining rights from international, national and local levels adds rare depth. A valuable resource for students and experts alike.' Beth Simmons, Andrea Mitchell University Professor in Law, Political Science and Business Ethics, Penn Law'In this essential book Dr. Chen and Dr. Renteln provide a much needed overview of humanity's first normative line of defense against repression … in an age of brutality, but also of hope and opportunity.' Jan Egeland, Secretary General, Norwegian Refuge Council and former UN Under Secretary General for Humanitarian Affairs'The term 'tour de force' is overused, but in the case of Chen and Renteln's International Human Rights: A Survey, it is an entirely appropriate description of the work.' Human Rights Quarterly (https://muse.jhu.edu/article/892622)Table of Contents1. Introduction: overview of human rights; 2. Human rights machinery: enforcement mechanisms; 3. Genocide; 4. Torture; 5. The death penalty and cruel, degrading, and inhuman punishments; 6. Socio-economic rights; 7. Cultural rights; 8. Environmental protection and human rights; 9. Indigenous rights; 10. Disability and human rights; 11. Labor rights as human rights; 12. Children's rights; 13. Women's rights; 14. LGBTQ+ rights; 15. Media and human rights: freedom of expression and of the press, access to information, and the right to privacy; 16. Conclusion: the future of human rights.

Read more less

Book SynopsisSince the publication of its first edition, this textbook has been the prime choice of teachers and students alike, due to its clear and detailed explanation of the basic principles of the multilateral trading system and the law of the World Trade Organization (WTO). The fifth edition continues to explore the institutional and substantive law of the WTO. It has been updated to incorporate all new developments in the WTO''s ever-growing body of case law. Moreover, each chapter includes a ''Further Readings'' section to encourage and facilitate research and discussion on the topics addressed. As in previous editions, each chapter also features a summary to reinforce learning. Questions, assignments, and exercises on WTO law and policy are contained in an online supplement, updated regularly. This textbook is an essential tool for all WTO law students and will also serve as a practitioner''s introductory guide to the WTO.Table of Contents1. International trade and the law of the WTO; 2. The World Trade Organization; 3. WTO dispute settlement; 4. Most-favoured-nation treatment; 5. National treatment; 6. Tariff barriers; 7. Non-tariff barriers; 8. General and security exceptions; 9. Economic emergency exceptions; 10. Regional trade exceptions; 11. Dumping; 12. Subsidies; 13. Technical barriers to trade; 14. Sanitary and phytosanitary measures; 15. Intellectual property rights; Index.

Read more less

Book SynopsisHard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today''s globalized world.Trade Review'This important book mounts a fundamental challenge to the nation-state paradigm of criminal justice scholarship. Wide ranging, theoretically rigorous, and consistently readable, it moves the study of transnational legal ordering of criminal justice to a new level of sophistication.' Nicola Lacey, School Professor of Law, Gender and Social Policy, London School of Economics'There is sway and sweep in the comprehension of translational legal ordering in this fine book. It exposes diversity, incoherence, yet patterns in regimes ranging from criminal regulation of human trafficking to corruption, war crimes, sexual violence, money laundering, human rights, and more. This is a landmark instantiation of a big picture socio-legal framework.' John Braithwaite, Australian National University'A path-breaking set of essays that examines the driving forces and consequences of the transnationalization of criminal justice law and policy, with reference to criminalizing global social problems, tackling impunity for serious international crimes, and efforts to build human rights penal standards. The work is guided by a coherent theory of the varying roles of states in transnational legal orders. No student of contemporary criminal justice should miss the chance to learn from the theory and case studies.' David Nelken, King's College London'Norms of criminal justice, no less than crime itself, refuse to remain neatly contained within national jurisdictions. Gregory Shaffer and Ely Aaronson's collection of essays illustrates the ways in which a reasonably distinct transnational order has developed, become elaborated, and in some cases encountered contradiction and resistance. One of the book's great insights is that the transnational legal ordering of criminal law has in some ways empowered the state to reclaim its own legal authority. Read this book, and you will appreciate the impossibility of dichotomizing the study of modern 'national' and 'international' criminal law.' Beth A. Simmons, Andrea Mitchell University Professor of Law, Political Science and Business Ethics, University of Pennsylvania'The norms, institutions, and practices of criminal justice systems around the world have been deeply transformed in the last few decades by globalization and many new international and transnational legal regimes. Criminal justice, comparative law, and international law scholars are still grappling with these changes. By applying the illuminating theory of transnational legal orders to criminal justice, this impressive group of top scholars gathered in this book provides crucial insights to make sense of these changes. This book is an essential tool for anyone interested in them.' Máximo Langer, Professor of Law and Director of the Transnational Program on Criminal Justice, UCLA School of LawTable of ContentsPart I. Introduction: 1. The transnational legal ordering of criminal justice Ely Aaronson and Gregory Shaffer; Part II. Transnational Legal Ordering and Transnational Crimes: 2. Why do transnational legal orders persist? The curious case of anti-money laundering Terence Halliday, Michael Levi and Peter Reuter; 3. Transnational criminal law or the transnational legal ordering of corruption? Theorizing Australian foreign bribery reforms Radha Ivory; 4. Transnational criminal law in a globalized world: the case of trafficking Prabha Kotiswaran; 5. The criminalization of migration: a regional transnational legal order or the rise of a meta-TLO? Vanessa Barker; 6. The strange career of the transnational legal order of cannabis prohibition Ely Aaronson; Part III. Transnational Legal Ordering and International Crimes: 7. The anti-impunity transnational legal order for human rights – formation, institutionalization, consequences, and the case of Darfur Joachim J. Savelsberg; 8. Colombian transitional justice and the political economy of the anti-impunity transnational legal order Manuel Iturralde; Part IV. Transnational Legal Ordering and Human Rights Standards in Criminal Justice: 9. International prison standards and transnational criminal justice Dirk van Zyl Smit; 10. The transnational legal ordering of the death penalty Stefanie Neumeier and Wayne Sandholtz; 11. Performance, power, and transnational legal ordering: addressing sexual violence as a human rights concern Ioana Sendroiu and Ron Levi; Part V. Conclusion: 12. Conclusions: a processual approach to transnational legal orders Sally Engle Merry.

Read more less

Book SynopsisHow does international law impact the behavior of states? This book designed for students in multiple disciplines offers a comprehensive, accessible introduction to the ''law of nations,'' detailing the evolution of state practice in response to an ever-changing, diverse world. In this new edition of William Slomanson''s foundational text, the new authors, Professors Slagter and Van Doorn, trace how states manage their sovereignty in myriad ways, working through treaties, international organizations, and international courts to secure their own as well as global interests. With special emphasis on five key areas-human rights, the use of force, human security and humanitarian intervention, environmental protection, and economic relations-the authors illustrate both the power and limits of international law to provide structure and predictability on a globalized planet. Real-world problem sets, annotated bibliographies, and a practical guide to studying international law make this a text that students and instructors alike will appreciate.Trade Review'The authors have produced a superb book on the fundamental topics, issue areas, and perspectives on international law, appropriate for both undergraduate and graduate students. The book is unmatched in its readability, organization, depth, and breadth and provides online support. The 7th edition builds and improves upon the long-enduring Bill Slomanson's book.' Ali Abootalebi, University of Wisconsin Eau Claire'Having taught international law for the past two decades, I have been on a long quest for a book that would present an engaging introduction to the subject matter for a diverse range of students, while striking the right balance between rigor and accessibility. Now, that quest has concluded with the 7th edition of Fundamental Perspectives on International Law.' Jack R. Mangala, Grand Valley State University'Slagter and Van Doorn have done an exceptional job updating Slomanson's Fundamental Perspectives on International Law for anyone interested in what international law can tell us about many contemporary global issues. The book draws on timely examples to provide an accessible overview of the promise and the limits of international law from traditional sources and emerging perspectives.' Adam Van Liere, University of Wisconsin La CrosseTable of Contents1. What Is International Law?; 2. States and Individuals in International Law; 3. Treaties and Diplomacy; 4. Range of Sovereignty; 5. Extraterritorial Jurisdiction; 6. International Organizations; 7. Human Rights; 8. The Use of Force by States; 9. Intervention and Human Security; 10. International Environmental Law; 11. International Economic Relations.

Read more less

Book SynopsisThis book examines the impact of the European Union's international action on public international law. Integrating the perspectives from both international law and EU law, International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law.Table of ContentsIntroduction; 1. The European Union in international law; 2. Customary international law; 3. The law of treaties; 4. International organizations; 5. International dispute settlement; 6. International responsibility; 7. Concluding remarks.

Read more less

Book SynopsisDuring Myanmar's political opening, intermediaries played a key role in the field of rule of law development.This book brings to light these neglected players, focusing on who they are, the influence they have, their double agency, their challenges and their crucial importance for rule of law progress.Trade Review'Rule of Law Intermediaries offers a rich account of the complex arrangements that comprise rule of law assistance. Simion's engaging analysis sheds new light on the influence of intermediaries in Myanmar, and the networks they navigate. With its descriptive prose and ethnographic depth, Rule of Law Intermediaries provides a vivid illustration of transnational law in action, and makes an important contribution to the study of development, law and society.' Kathryn Henne, Director, School of Regulation and Global Governance (RegNet), The Australian National University'With nuance and refined analysis, Rule of Law Intermediaries skilfully champions a necessary shift in orientations to the globalisation of law – from naïve expectations about the power of international agents to the actualities of influence wielded by creative local actors. By shifting focus from international expertises to the singular knowledges and practices of intermediaries, this book compels scholars and policymakers alike to grapple more seriously with the dynamic mediating processes that moderate international hubris and legal change.' Terence Halliday, American Bar Foundation, and co-author of Global Lawmakers: International Organizations in the Crafting of World Markets'Rule of Law Intermediaries is a rich and readable scholarly gem. There is no book like it. In addition to original and compelling insights into the burgeoning rule of law industry and its actors, it also adds a fresh perspective to the literature on legal globalisation and to the study of the politics of law in Myanmar.' Bryant G. Garth, Distinguished Professor of Law Emeritus, University of California–Irvine'As with all good social science publications, Simion's results lend themselves to application in other contexts andregions and are thus of value beyond serving as historical documentation of a short period that is, indeterminately, in the past.' Judith Beyer, Zeitschrift für RechtssoziologieTable of Contents1. Introduction; 2. Between universals and particulars: rule of law as a travelling model; 3. Rule of law intermediaries: who, what, when?; 4. Rule of law assistance: actors and technologies; 5. The emergence of intermediaries; 6. Intermediaries: background, capital, motivations; 7. Intermediaries as trust builders; 8. Intermediaries as translators; 9. Intermediaries' influence, foreign actors' dependence.

Read more less

Book SynopsisThere are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in Table of Contents1. Setting the scene: Sharing international obligations; 2. The concept of shared obligations in international law; 3. The distinction between bilateral and multilateral legal relations in the international law of obligations; 4. Indivisible and divisible shared obligations in international law; 5. Sharing international obligations and the determination of shared responsibility; 6. Claiming cessation and reparation for breaches of shared obligations; 7. Conclusion: Towards a more systematic approach to international obligations; Index.

Read more less

Book SynopsisNewly revised and updated,The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are ''rules of engagement'' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.Trade Review'… the book deserves to reach a wide audience. Anyone interested in the legal aspects of how war is fought today should have this fine book on their bookshelf. The newly revised and updated third edition of this book is a masterpiece of scholarship, if for no other reason than that it focuses on the law of war conundrums that have arisen after and the wars in Afghanistan and Iraq. No other text takes a comprehensive look at 'artificial intelligence' in weapons and the law involved, the lawfulness of cross-border attacks when in the pursuit of terrorists, and the controversial lawfulness of “security detention” after the end of hostilities. While principally designed as a textbook for a law of war course, its clarity and compelling use of historical and contemporary examples make The Law of Armed Conflict an invaluable reference for military historians, journalists, practitioners, and the public generally.' Fred L. Borch III, The Journal of Military HistoryTable of ContentsForeword; Preface and acknowledgments; Table of cases; Table of treaties; 1. Rules of war, laws of war; 2. Codes, conventions, declarations, and regulations; 3. Two world wars and their law of armed conflict results; 4. Protocols and politics; 5. Conflict status; 6. Individual battlefield status; 7. Law of armed conflict's core principles; 8. What is a 'war crime'? 9. Obedience to orders, the first defense; 10. Command responsibility; 11. Ruses and perfidy; 12. Rules of engagement; 13. Targeting objects; 14. Targeting combatants and others; 15. A.I., Autonomous weapons, drones, and targeted killing; 16. Torture; 17. Cyber in the law of armed conflict; 18. Attacks on cultural property; 19. The 1980 certain conventional weapons convention; 20. Gas, biological, chemical and nuclear weapons; 21. Military commissions; 22. Security detention and internment.

Read more less

Book SynopsisThis first anthology of women''s international thought explores how women transformed the practice of international relations, from the early to middle twentieth century. Revealing a major distortion in current understandings of the history and theory of international relations, this anthology offers an alternative ''archive'' of international thought. By including women as international thinkers it demonstrates their centrality to early international relations discourses in and on the Anglo-American world order and how they were excluded from its history and conceptualization. Encompassing 104 selections by 92 different thinkers, including Anna Julia Cooper, Margaret Sanger, Rosa Luxemburg, Judith Shklar, Hannah Arendt, Merze Tate, Susan Strange, Lucy P. Mair and Claudia Jones, it covers the widest possible range of subject matter, genres, ideological and political positions, and professional contexts. Organized into thirteen thematic sections, each with a substantial introductory essTrade Review'This majestic volume demands superlatives. It is not just the first anthology of women's international thought, and the largest anthology of international thought ever compiled: it is by far the most critical and original such collection and the one most likely to explode and re-order its field. A milestone achievement.' David Armitage, Harvard University'This groundbreaking and robust collection powerfully showcases the richness and complexity of women's international thought. It achieves the impressive feat of capturing women's diverse ideas on the most urgent issues of the past – and present. This anthology will transform how we write and think about intellectual history and international relations.' Keisha N. Blain, University of Pittsburgh'When is a discomforting challenge a gift? When it makes you rethink your assumptions in ways that excite you, invigorate you! This is precisely what Owens' and Reitzler's surprising history of international political thinking does. Having read this remarkable book, I now wonder why I've never realized that Black feminist Anna Julia Cooper was an international theorist or that Simone Weil's writings were so pertinent to today's international debates? Pulling back the curtain on these intellectual politics of exclusion is energizing.' Cynthia Enloe, Clark University'This extraordinary anthology has been a long time coming. A stellar team has brought us the evidence and confirmation of women's critical voices in the history of international thought. There are names we occasionally come across, and others that have been hidden from view for too long. This volume will change the history of international thought, it must.' Glenda Sluga, HEC European University Institute and University of Sydney'Within this edited volume, readers will discover representations of generations of women and people of colour who struggled in varied ways with discrimination and exclusion. The book is a valuable and stimulating pedagogic resource on the politics of knowledge production in IR.' Molly Cochran, International AffairsTable of ContentsPart I. Field and Discipline; Part II. Geopolitics and War; Part III. Imperialism; Part IV. Anticolonialism; Part V. International Law and Organization; Part VI. Diplomacy and Foreign Policy; Part VII. World Peace; Part VIII. World Economy; Part IX. Men, Women and Gender; Part X. Public Opinion and Education; Part XI. Population, Nation and Immigration; Part XII. Technology, Progress and the Environment; Part XIII. Religion and Ethics.

Read more less

Book SynopsisThis book is for: anyone interested in apocalyptic thinking in politics, who will find examples of how this thinking shapes contemporary discourse; scholars of the history of political thought, who will find new interpretations of Machiavelli, Hobbes, and Morgenthau; and scholars of international relations, who will find a novel account of the political realist tradition.Trade Review'This is an excellent addition to the burgeoning literature on political realism. Straddling political theory and international relations (IR) in a fresh and creative fashion, McQueen offers us a strikingly original portrait of realist responses to apocalypse. Moving seamlessly from Machiavelli to Hobbes to Morgenthau, from early modern debates about the nature of God to modern fears of nuclear annihilation and catastrophic climate change, she tells a fascinating story that raises profound questions about the dangers and the possibilities of political theology. Combining acute textual interpretation, felicitous historical contextualisation, and subtle normative analysis, Political Realism in Apocalyptic Times makes a major contribution to political theory and international relations.' Duncan Bell, University of Cambridge'Richard Hofstadter famously coined the term 'the paranoid style' to describe a certain histrionic strand within American politics. In Political Realism in Apocalyptic Times, McQueen audaciously outdoes Hofstadter by demonstrating the more widely pervasive 'apocalyptic' style characteristic not only of American political theorizing and practice but also of modern political thought more generally. McQueen shows how and explains why the rhetoric of doomsday, visions of tribulation and redemption, and 'end times' ideologies not only persist but actually pervade the supposedly secular age. She meticulously and ingeniously traces the apocalyptic quality of the contexts in which political authors/actors such as Machiavelli, Hobbes, and Morgenthau wrote, and how this apocalypticism infiltrated their writings. The book is certain to make an enormous impact in the fields of political thought, intellectual history, and American studies, especially given the now fashionable 'theological' turn in political theory and the dramatic surge in apocalyptic politics throughout the world.' John P. McCormick, University of Chicago'Alison McQueen uses the common, apocalyptic context of their thinking to give us a novel perspective on the unlikely trio of Machiavelli, Hobbes and Morgenthau. The perspective unifies and illuminates, revealing aspects of their writings, and connections between their concerns, that are unseen in other treatments.' Philip Pettit, Princeton University, New Jersey and Australian National University, Canberra'The most important achievement of Alison McQueen's fascinating new book is that she launches an overdue conversation between and among different versions of 'realism', past and present. Shedding fresh light on Machiavelli, Hobbes, Hans Morgenthau, and other 'realists', McQueen ignores the usual disciplinary boundaries between and among competing realist brands. Hers is an indispensable contribution not only to a growing body of realist scholarship but to political science and philosophy.' William E. Scheuerman, Indiana University'The heart of the book is four case studies that attempt to contextualize the apocalyptic thinking of the Judeo-Christian tradition and the efforts to contain it by Paul and Augustine, followed by a case study each on Niccolò Machiavelli, Thomas Hobbes, and Hans Morgenthau. The strength of the book is in the detailed, well-researched reconstruction of the apocalyptic historical context that animated the thought of each, including Augustine.' W. J. Coats, Choice'McQueen's interpretations are compelling, and it is no mean feat to offer fresh and original readings of such well-studied thinkers, in turn asking us to ponder more carefully what it means to be a 'realist', and what the limits of such an outlook are. Furthermore, her identification of two main 'realist' responses to apocalypticism - the 'tragic worldview' and fighting apocalypse with apocalypse - are persuasive, both as matters of historical record and as analyses of the conceptual issues in play … The richness of this book stands beyond doubt, and deserves all of the attention it will surely garner.' Paul Sagar, Political Theory'At a time when the study of the theological underpinnings of political thought is gaining ground, Alison McQueen's new book is good news. As McQueen reminds us, political theorists often pass over the fact that half of Hobbes' Leviathan is a treatise on eschatology and ecclesiastical governance, or that Machiavelli concludes the Prince with a prophetic exhortation for the salvation of Italy from the 'barbarians' who periodically invaded it. Even a secularist like Morgenthau could not escape the allure of religious imagery in his most existentialist moments. McQueen's fascinating book is due credit both for bringing these associations to the fore, thus joining the chorus of the 'theological turn' in political theory, and for forensically excavating the complex engagement of some of the doyens of realist thought with the symbolic resources provided by theological ideas and texts.' Vassilios Paipais, Contemporary Political Theory'This is a book of many virtues. The central chapters combine the intellectual historian's deep sensitivity to context with the political theorist's sharp eye for conceptualizing different theoretical positions that can then be abstracted from their particular historical origins. Indeed, it is rare to read a book that combines these attributes so successfully and which answers potential objections to such an approach less by abstract methodological discussion and more by handling the texts with the care, detail and circumspection they deserve. McQueen has produced an erudite, thought-provoking and enjoyable study … a deeply impressive study of how some of the finest thinkers in the realist tradition struggled with apocalypticism in their own times, which proves to be a rewarding place to start when thinking through how we might respond to similar problems today.' Robin Douglass, Perspectives on Politics'McQueen does an excellent job at bringing together diverse thinkers and new interpretations under the aegis of the realist tradition. For those who see a sharp line between religion and politics, McQueen has offered a work that uses certain religious ideas to explain political philosophy. In fact, a fair reading of McQueen suggests that the line between religion and politics is actually quite blurry, with ideas traversing back and forth. With Political Realism in Apocalyptic Times, McQueen has done a service to the fields of international affairs, political theology, and all those interested in the use of political rhetoric.' Steven Lane, Reading ReligionTable of Contents1. Introduction; 2. Understanding the apocalypse; 3. Machiavelli's Savonarolan moment; 4. Hobbes 'At the Edge of Promises and Prophecies'; 5. Morgenthau and the postwar apocalypse; 6. Conclusion.

Read more less

Book SynopsisInternational organizations become more and more important in the process of globalization. In recent years, the number and scope of measures taken by the UN has increased accordingly but also the legitimacy concerns related to these measures. The question of how to control and legitimize the activities of the UN is thus ever more pressing. While recent works on the rule of law in international law prove the timeliness of the topic, these questions concerning the UN have never before been addressed in a scholarly work in a comprehensive manner. This volume serves this purpose.

Read more less

Book SynopsisFrom the United Nations to the International Bureau of Weights and Measures, the principles of international organizations affect all of our lives. The principles these organizations live by represent, at least in part, the principles all of us live by. This book quantifies international organizations’ affiliation with particular principles in their constitutions, like cooperation, peace and equality.Offering a sophisticated statistical and legal analysis of these principles, the authors reveal the values contained in international organizations’ constitutions and their relationship with one another. When these organizations are divided into groups, like regional versus universal organizations, many new, seemingly contradictory, interpretations of international organizations law emerge. Through elaborate network representations, radar charters, k-clusters analyses and scatter plots, this book offers an unprecedented insight into the principles and values of international organizations.Table of ContentsList of organizations studied1 The principles guiding international organizations2 The empirics of international organizational principles3 Patterns of authority in international organizations' constitutions4 The jurisprudence of organizations' aspirational values5 Towards a new jurisprudence of international organizations law6 ConclusionBibliographyIndex

Read more less

Book SynopsisThis book's statistical and legal analyses of international organizations' constitutions reveal new interpretations of international organizations law. It provides a map of international organizations' values, and a healthy start towards fully understanding that map, thereby helping global governance take a quantum leap forward. -- .

Read more less

Book SynopsisHow big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it? In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change. The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.Trade Review"Writing eloquently and accessibly, Evans dwells on the readily achievable. This is an essential text for those interested in questions of detention, monitoring and anti-torture." Human Rights Law ReviewTable of ContentsPart 1: The Solution 1. What Is Torture? 2. Why Prevention? 3. Establishing the Optional Protocol to the United Nations Convention against Torture 4. What the Optional Protocol to the United Nations Convention against Torture Requires 5. The Visiting Mandate of the UN Subcommittee on Prevention of Torture 6. The UN Subcommittee on Prevention of Torture and National Preventive Mechanisms Part 2: The Problem 7. Visits: An Insider’s Story 8. Accepting the Unacceptable 9. Excusing the Inexcusable 10. Prescribing the Inappropriate 11. Working with Fictions 12. Thinking Positively about Prevention

Read more less

Book SynopsisHow big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it? In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change. The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.Trade Review"Writing eloquently and accessibly, Evans dwells on the readily achievable. This is an essential text for those interested in questions of detention, monitoring and anti-torture." Human Rights Law ReviewTable of ContentsPart 1: The Solution 1. What Is Torture? 2. Why Prevention? 3. Establishing the Optional Protocol to the United Nations Convention against Torture 4. What the Optional Protocol to the United Nations Convention against Torture Requires 5. The Visiting Mandate of the UN Subcommittee on Prevention of Torture 6. The UN Subcommittee on Prevention of Torture and National Preventive Mechanisms Part 2: The Problem 7. Visits: An Insider’s Story 8. Accepting the Unacceptable 9. Excusing the Inexcusable 10. Prescribing the Inappropriate 11. Working with Fictions 12. Thinking Positively about Prevention

Read more less

Book SynopsisWritten by one of the world's leading academics in the field of the law of international organizations, this book provides what it claims to offer. It is an introduction as it gives in a nutshell an easy-to-read general overview. It is advanced in the sense that it is written on the basis of profound knowledge of the field, and it has an excellent bibliography for those who want more. Like Rembrandt in his later works, Jan Klabbers is painting with broad strokes, in his own style, providing those who are not experts in the field a modern framework for better understanding international organizations and their law.'- Niels Blokker, Leiden University, the Netherlands'International organizations are a major factor in world affairs and in all areas of human collaboration. This book is a valuable resource next to existing textbooks and treatises on international institutional law. It offers a concise and engaging account of the role of international organisations and, in clear language, sets out what is the legal framework for their manifold activities and political operations. Great reading, and the essential introduction to international organisations as political and legal actors in the world today.'- Catherine Brölmann, University of Amsterdam, the Netherlands'This book offers far more than an introduction - even an advanced one. It is an essential tool for the understanding of, and further research on, international organizations. It is full of insight and original analysis.'- Marc Weller, University of Cambridge and Lauterpacht Centre for International Law, UK'This book provides an excellent introduction to the law of international organizations, with a succinct and up-to-date analysis of the law. It is a very welcome addition to the literature on the subject and is by an established author in the field. It places the law in a wider political context, making it an interesting book for readers interested in both international law and international relations. The content and the style of presentation make the book accessible for readers at both introductory and advanced level.'- Surya Subedi, University of Leeds, UK and the UN Special Rapporteur for Human Rights in CambodiaElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This highly readable introduction gives a nuanced overview of the legal mechanisms behind the operation of international organizations such as the UN, the EU and the World Bank. It offers perceptive insights by placing the law of international organizations in a political context and presents a systematic discussion of a variety of relevant legal notions, ranging from the powers of international organizations to mechanisms of accountability. Written by a leading authority on the topic, it provides a concise and accessible examination of this developing facet of international law.Key features include:- Well-written and clearly organized arguments- Up-to-date with the latest developments- A focus on the bigger picture, rather than any one detail- Discusses law in a global context.Trade Review‘This book constitutes another brick in the impressive oeuvre of Jan Klabbers, whose work on the law of international organisations has undoubtedly contributed to give depth and room for critical reflection to what otherwise looks like a dry aggregation of practices and institutional arrangements. This inspiring presentation of the subject – which is anything but introductory – simultaneously remains an accessible read for all researchers, teachers, students and practitioners as it is written with the thought-provoking but elegant style which its author is famous for.’ -- Jean d’Aspremont, Sciences Po School of Law and University of Manchester, UK‘Written by one of the world’s leading academics in the field of the law of international organizations, this book provides what it claims to offer. It is an introduction as it gives in a nutshell an easy-to-read general overview. It is advanced in the sense that it is written on the basis of profound knowledge of the field, and it has an excellent bibliography for those who want more. Like Rembrandt in his later works, Jan Klabbers is painting with broad strokes, in his own style, providing those who are not experts in the field a modern framework for better understanding international organizations and their law.’ -- Niels Blokker, Leiden University, the Netherlands‘International organizations are a major factor in world affairs and in all areas of human collaboration. This book is a valuable resource next to existing textbooks and treatises on international institutional law. It offers a concise and engaging account of the role of international organisations and, in clear language, sets out what is the legal framework for their manifold activities and political operations. Great reading, and the essential introduction to international organisations as political and legal actors in the world today.’ -- Catherine Brölmann, University of Amsterdam, the Netherlands‘This book offers far more than an introduction – even an advanced one. It is an essential tool for the understanding of, and further research on, international organizations. It is full of insight and original analysis.’ -- Marc Weller, University of Cambridge and Lauterpacht Centre for International Law, UK‘This book provides an excellent introduction to the law of international organizations, with a succinct and up-to-date analysis of the law. It is a very welcome addition to the literature on the subject and is by an established author in the field. It places the law in a wider political context, making it an interesting book for readers interested in both international law and international relations. The content and the style of presentation make the book accessible for readers at both introductory and advanced level.’ -- Surya Subedi, University of Leeds, UK and the UN Special Rapporteur for Human Rights in CambodiaTable of ContentsContents: 1. The Concept of International Organization 2. The Legal Existence of International Organizations 3. International Organizations and Their Members 4. Standard-setting by International Organizations 5. Organs and Their Decisions 6. Accountability 7. External Relations 8. Re-thinking the Law of International Organizations Index

Read more less

Book SynopsisKenneth W. Abbott examines the deep entanglement of law and politics in the structures and activities of international organizations and provides a comprehensive overview of the literature in this area, enabling the reader to trace legal, political and scholarly developments over time. Table of ContentsContents: Introduction Kenneth W. Abbott PART I LEGAL PERSONALITY 1. Quincy Wright (1949), ‘The Jural Personality of the United Nations’, American Journal of International Law, 43 (3), July, 509–16 PART II MEMBERSHIP AND REPRESENTATION 2. Hans Kelsen (1944), ‘The Principle of Sovereign Equality of States as a Basis for International Organization’, Yale Law Journal, 53 (2), March, 207–20 3. Dan Ciobanu (1976), ‘Credentials of Delegations and Representation of Member States at the United Nations’, International and Comparative Law Quarterly, 25 (2), April, 351–81 4. Frederic L. Kirgis, Jr. (1990), ‘Admission of “Palestine” as a Member of a Specialized Agency and Withholding the Payment of Assessments in Response’, American Journal of International Law, 84 (1), January, 218–30 5. Michael P. Scharf (1995), ‘Musical Chairs: The Dissolution of States and Membership in the United Nations’, Cornell International Law Journal, 28 (1), 29–69 PART III VOTING AND DECISION-MAKING 6. Norman J. Padelford (1948), ‘The Use of the Veto’, International Organization, 2 (2), June, 227–46 7. Eric A. Posner and Alan O. Sykes (2014), ‘Voting Rules in International Organizations’, Chicago Journal of International Law, 15 (1), Summer, 195–22 PART IV ORGANS A. The Security Council: Actions and Controls 8. Leland M. Goodrich (1958), ‘The UN Security Council’, International Organization, 12 (3), 273–87 9. Oscar Schachter (1964), ‘The Quasi-Judicial Rôle of the Security Council and the General Assembly’, American Journal of International Law, 58 (4), October, 960–65 10. David D. Caron (1993), ‘The Legitimacy of the Collective Authority of the Security Council’, American Journal of International Law, 87 (4), October, 552–88 11. W. Michael Reisman (1993), ‘The Constitutional Crisis in the United Nations’, American Journal of International Law, 87 (1), January, 83–100 B. The Secretary-General 12. Paul C. Szasz (1991), ‘The Role of the U.N. Secretary-General: Some Legal Aspects’, New York University Journal of International Law and Politics, 24 (1), Fall, 161–98 13. Thomas M. Franck (1995), ‘The Secretary-General’s Role in Conflict Resolution: Past, Present and Pure Conjecture’, European Journal of International Law, 6 (1), 360–87 PART V NORMATIVE INSTRUMENTS A. Treaties 14. José E. Alvarez (2002), ‘The New Treaty Makers’, Boston College International and Comparative Law Review, 25 (2), 213–34 B. General Assembly Resolutions 15. D.H.N. Johnson (1955–1956), ‘The Effect of Resolutions of the General Assembly of the United Nations’, British Yearbook of International Law, 32, 97–122 16. Christopher C. Joyner (1981), ‘U.N. General Assembly Resolutions and International Law: Rethinking the Contemporary Dynamics of Norm-Creation’, California Western International Law Journal, 11, 445–78 C. Security Council Decisions 17. Paul C. Szasz (2002), ‘The Security Council Starts Legislating’, American Journal of International Law, 96 (4), October, 901–5 18. Stefan Talmon (2005), ‘The Security Council as World Legislature’, American Journal of International Law, 99 (1), Janaury, 175–93 PART VI RESPONSIBILITIES OF INTERNATIONAL ORGANIZATIONS AND THEIR MEMBERS 19. C.F. Amerasinghe (1991), ‘Liability to Third Parties of Member States of International Organizations: Practice, Principle and Judicial Precedent’, American Journal of International Law, 85 (2), April, 259–80 20. Frédéric Mégret and Florian Hoffmann (2003), ‘The UN as a Human Rights Violator? Some Reflections on the United Nations Changing Human Rights Responsibilities’, Human Rights Quarterly, 25 (2),May, 314–42 21. Daphna Shraga (2000), ‘UN Peacekeeping Operations: Applicability of International Humanitarian Law and Responsibility for Operations-Related Damage’, American Journal of International Law, 94 (2), April, 406–12 22. August Reinisch (2001), ‘Developing Human Rights and Humanitarian Law Accountability of the Security Council for the Imposition of Economic Sanctions’, American Journal of International Law, 95 (4), October, 851–72 23. Kristen E. Boon (2011), ‘New Directions in Responsibility: Assessing the International Law Commission’s Draft Articles on the Responsibility of International Organizations’, Yale Journal of International Law Online, 37, Spring, 1-10 24. Jean d’Aspremont (2012), ‘The Articles on the Responsibility of International Organizations: Magnifying the Fissures in the Law of International Responsibility’, International Organizations Law Review, 9 (1), 15-28 PART VII PRIVILEGES AND IMMUNITIES 25. Josef L. Kunz (1947), ‘Privileges and Immunities of International Organizations’, American Journal of International Law, 41 (4), October, 828–62 26. Emmanuel Gaillard and Isabelle Pingel-Lenuzza (2002), ‘International Organisations and Immunity from Jurisdiction: To Restrict or To Bypass’, International and Comparative Law Quarterly, 51 (1), January, 1–15 PART VIII ULTRA VIRES ACTS 27. Ebere Osieke (1983), ‘The Legal Validity of Ultra Vires Decisions of International Organizations’, American Journal of International Law, 77 (2), April, 239–56 PART IX SUCCESSION OF INTERNATIONAL ORGANIZATIONS 28. Hungdah Chiu (1965), ‘Succession in International Organisations’, International and Comparative Law Quarterly, 14 (1), January, 83–120 PART X FINANCIAL ISSUES 29. Inis L. Claude, Jr. (1963), ‘The Political Framework of the United Nations’ Financial Problems’, International Organization, 17 (4), Autumn, 831–59 30. Leo Gross (1963), ‘Expenses of the United Nations for Peace-Keeping Operations: The Advisory Opinion of the International Court of Justice’, International Organization, 17 (1), Winter, 1–35 31. Elisabeth Zoller (1987), ‘The “Corporate Will” of the United Nations and the Rights of the Minority’, American Journal of International Law, 81 (3), July, 610–34 PART XI SUBSTANTIVE ACTIVITIES 32. Inis L. Claude, Jr. (1963), ‘United Nations Use of Military Force’, Journal of Conflict Resolution, 7 (2), June, 117–29 33. Louis Henkin (1965), ‘The United Nations and Human Rights’, International Organization, 19 (3), Summer, 504–17 34. Nigel D. White (1994), ‘U.N. Peacekeeping – Development or Destruction?’, International Relations, 12 (1), April, 129–58 35. Michael Barnett, Hunjoon Kim, Madalene O’Donnell and Laura Sitea (2007), ‘Peacebuilding: What Is in a Name?’, Global Governance, 13 (1), 35–58 Volume II Contents: An introduction by the editor to both volumes appears in Volume I PART I MILESTONES IN THE HISTORY OF INTERNATIONAL ORGANIZATIONS A. Overviews 1. Frederic L. Kirgis, Jr. (1995), ‘The Security Council’s First Fifty Years’, American Journal of International Law, 89 (3), July, 506–39 2. José E. Alvarez (2006), ‘International Organizations: Then and Now’, American Journal of International Law, 100 (2), April, 324–47 B. Milestones 3. Leland M. Goodrich (1947), ‘From League of Nations to United Nations’, International Organization, 1 (1), February, 3–21 4. Juraj Andrassy (1956), ‘Uniting for Peace’, American Journal of International Law, 50 (3), July, 563–82 5. Keith S. Petersen (1959), ‘The Uses of the Uniting for Peace Resolution since 1950’, International Organization, 13 (2), Spring, 219-32 6. David A. Kay (1967), ‘The Politics of Decolonization: The New Nations and the United Nations Political Process’, International Organization, 21 (4), Autumn, 786–811 7. Myres S. McDougal and W. Michael Reisman (1968), ‘Rhodesia and the United Nations: The Lawfulness of International Concern’, American Journal of International Law, 62 (1), 1–19 8. Oscar Schachter (1991), ‘United Nations Law in the Gulf Conflict’, American Journal of International Law, 85 (3), July, 452–73 9. Bruno Simma (1999), ‘NATO, the UN and the Use of Force: Legal Aspects’, European Journal of International Law, 10 (1), 1–22 10. Antonio Cassese (1999), ‘Ex Iniuria Ius Oritur: Are We Moving Towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community?’, European Journal of International Law, 10 (1), 23–30 11. Adam Roberts (1999), ‘NATO’s “Humanitarian War” over Kosovo’, Survival, 41 (3), Autumn, 102–23 PART II POLITICAL ANALYSES OF INTERNATIONAL ORGANIZATIONS A. Political Theories of International Organization 12. Inis L. Claude, Jr. (1966), ‘Collective Legitimization as a Political Function of the United Nations’, International Organization, 20 (3), Summer, 367–79 13. Martha Finnemore (1993), ‘International Organizations as Teachers of Norms: The United Nations Educational, Scientific, and Cultural Organization and Science Policy’, International Organization, 47 (4), Autumn, 565–97 14. Kenneth W. Abbott and Duncan Snidal (1998), ‘Why States Act through Formal International Organizations’, Journal of Conflict Resolution, 42 (1), February, 3–32 15. Michael N. Barnett and Martha Finnemore (1999), ‘The Politics, Power, and Pathologies of International Organizations’, International Organization, 53 (4), Autumn, 699–732 16. Ian Hurd (2002), ‘Legitimacy, Power, and the Symbolic Life of the UN Security Council’, Global Governance, 8 (1), January–March, 35–51 17. Joel P. Trachtman (2014), ‘The Economic Structure of the Law of International Organizations’, Chicago Journal of International Law, 15 (1), Summer, 162–94 B. International Organizations and Constitutional Orders 18. Joel P. Trachtman (2006), ‘The Constitutions of the WTO’, European Journal of International Law, 17 (3), 623-46 19. Erika de Wet (2006), ‘The International Constitutional Order’, International and Comparative Law Quarterly, 55 (1), January, 51–76 C. New Forms of International Organization 20. Robert O. Keohane and Joseph S. Nye (1974), ‘Transgovernmental Relations and International Organizations’, World Politics, 27 (1), October, 39–62 21. Robin R. Churchill and Geir Ulfstein (2000), ‘Autonomous Institutional Arrangements in Multilateral Environmental Agreements: A Little-Noticed Phenomenon in International Law’, American Journal of International Law, 94 (4), October, 623–59 22. Anne-Marie Slaughter (1997), ‘The Real New World Order’, Foreign Affairs, 76 (5), September–October, 183–97 23. Shepard Forman and Derk Segaar (2006), ‘New Coalitions for Global Governance: The Changing Dynamics of Multilateralism’, Global Governance, 12 (2), April–June, 205–25 24. Felicity Vabulas and Duncan Snidal (2013), ‘Organization without Delegation: Informal Intergovernmental Organizations (IIGOs) and the Spectrum of Intergovernmental Arrangements’, Review of International Organizations, 8 (2), 193-220 D. International Organizations and Non-State Actors 25. Dianne Otto (1996), ‘Nongovernmental Organizations in the United Nations System: The Emerging Role of International Civil Society’, Human Rights Quarterly, 18 (1), February, 107–41 26. Kenneth W. Abbott and Duncan Snidal (2010), ‘International Regulation without International Government: Improving IO Performance through Orchestration’, Review of International Organizations, 5 (3), 315–44 PART III NORMATIVE ANALYSES AND PROPOSALS 27. David Mitrany (1948), ‘The Functional Approach to World Organization’, International Affairs, 24 (3), July, 350–63 28. Geoffrey Palmer (1992), ‘New Ways to Make International Environmental Law’, American Journal of International Law, 86 (2), April, 259–83 29. Martti Koskenniemi (1995), ‘The Police in the Temple. Order, Justice and the UN: A Dialectical View’, European Journal of International Law, 6, 325–48 30. Ngaire Woods (1999), ‘Good Governance in International Organizations’, Global Governance, 5 (1), January–March, 39–61 31. Richard Falk and Andrew Strauss (2000), ‘On the Creation of a Global Peoples Assembly: Legitimacy and the Power of Popular Sovereignty’, Stanford Journal of International Law, 36, 191–220 32. Benedict Kingsbury and Lorenzo Casini (2009), ‘Global Administrative Law Dimensions of International Organizations Law’, International Organizations Law Review, 6 (2), 319–58 Index

Read more less

Book SynopsisWhile the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration. In a departure from existing literature in the field, expert contributors approach the four freedoms as a functional whole and identify horizontal and overarching themes that have emerged over the years. The Research Handbook on the Law of the EU's Internal Market addresses six overarching themes: the reach of the internal market, the relationship between economic and non-economic interests, the internal market as an economic union, uniformity versus diversity, the governance and politics of the internal market, and the internal market in the world. This perceptive Research Handbook will be fascinating reading for academics and students in EU law and European studies. It will also be an invaluable resource for practitioners, policy makers, and anyone interested in the future of the internal market in particular and European integration in general.Contributors include: C. Barnard, T. Beukers, A. Cédelle, P. Craig, M. Cremona, G. Davies, F. De Witte, M. Egan, S. Enchelmaier, V. Hatzopoulos, H. Hofmann, T. Horsley, E. Howell, P. Koutrakos, I. Maletic, M. Markakis, H. Micklitz, N. Nic Shuibhne, J. Payne, W.-H. Roth, A. Saydé, C. Sieburgh, J. Snell, J. Vella, H. Vedder, P. Wattel, S. WeatherillTrade Review'Even with the expanding reach of EU law, the law relating to the internal market continues to constitute a centre-piece of the EU legal order. There is an extensive literature on the economic freedoms in particular but surprisingly little exists in terms of an overall analysis. This book fills this gap in an eminent way and it will no doubt contribute to our understanding of not only the internal market but also the EU constitutional and legal order more generally.' --Allan Rosas, European Court of JusticeTable of ContentsContents: 1. Internal Market: An Introduction Panos Koutrakos and Jukka Snell PART I THE REACH OF THE INTERNAL MARKET 2. Between Market Access and Discrimination: Free Movement as a Right to Fair Conditions of Competition Gareth Davies 3. Freedom as a Source of Constraint: Expanding Market Discipline through Free Movement Alexandre Saydé 4. Horizontality: The Application of the Four Freedoms to Restrictions Imposed by Private Parties Stefan Enchelmaier 5. The Competence to Harmonise and Its Limits Stephen Weatherill 6. The Day the Clock Stopped: EU Citizenship and the Single Market Catherine Barnard PART II THE RELATIONSHIP BETWEEN ECONOMIC AND NON-ECONOMIC INTERESTS 7. The Architecture of the EU’s Social Market Economy Floris de Witte 8. Healthcare in the Internal Market Vassilis Hatzopoulos 9. Integrating Rather than Juxtaposing Environmental Policy and the Internal Market Hans Vedder 10. Primary EU law, European Regulatory Private Law and National Private Law Hans W. Micklitz and Carla Sieburgh 11. Fundamental Rights and the Framework of Internal Market Adjudication: Is the Charter Making a Difference? Niamh Nic Shuibhne PART III INTERNAL MARKET AS AN ECONOMIC UNION 12. The Creation of a European Capital Market Jennifer Payne and Elizabeth Howell 13. The Eurozone Crisis and the Autonomy of Member States in Economic Union: Changes and Challenges Thomas Beukers 14. The Euro Area, Its Regulation and Impact on Non-Euro Member States Paul Craig and Menelaos Markakis PART IV UNIFORMITY VERSUS DIVERSITY 15. Taxation in the Internal Market Peter J. Wattel 16. Differentiated Integration in the EU: Lessons from the Financial Transaction Tax Anzhela Cédelle and John Vella 17. Derogations from the Regulation of Free Movement: Article 114 TFEU Isidora Maletić PART V THE GOVERNANCE AND POLITICS OF THE INTERNAL MARKET 18. Institutional Dynamics Reloaded: The Court of Justice and the Development of the EU Internal Market Thomas Horsley 19. Mutual Recognition Wulf-Henning Roth 20. European Regulatory Union? The Role of Agencies and Standards Herwig C.H. Hofmann PART VI THE INTERNAL MARKET IN THE WORLD 21. The Internal Market and External Economic Relations Marise Cremona 22. The Evolution of Single Markets in Europe and the United States Michelle Egan Index

Read more less

Book SynopsisThis Handbook uses a thematic and interdisciplinary approach to discuss and analyse the various governance structures of the EU, focusing in particular on how these are administered. Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don't know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen 'voice' and access to policy making. Practical and engaging, this timely Research Handbook is sure to appeal to scholars and researchers of EU administrative law and EU law more broadly. Legal practitioners and EU policy makers will also benefit from its high level of engagement with contemporary deliberations.Contributors include: V. Abazi, M. Baran, T.A. Börzel, K. Bradley, A. Brenninkmeijer, E. Chiti, D. Curtin, H. Darbishire, M. de Visser, G. della Cananea, M. Everson, J. Grimheden, E. Guild, C. Harlow, E.G. Heidbreder, H. Hofmann, C. Joerges, M. Kjaerum, P. Leino, L. Leppavirta, I. Maher, J. Mendes, L. Muzi, N. Póltorak, T. Raunio, R. Rawlings, M. Ruffert, J.-P. Schneider, C. Scott, G. ToggenburgTrade Review'The science of ''European Administrative Law'' has reached a level of maturity which is reflected by the fact that it is no longer solely the subject of more or less theoretical, exploratory works: it now merits the development of handbooks. Carol Harlow, Paivi Leino-Sandberg and Giacinto della Cananea have gathered to make this book one of the most expert authorities in the field. The themes are very well chosen, covering what are certainly the most critical issues in the area. The same is true of the concepts mobilised, with those conveyed by regulatory theory being particularly welcome. This Handbook will no doubt be a valuable instrument for students and researchers working on the still new, but increasingly well-recognized, field of ''European Administrative Law''.' --Jean-Bernard Auby, Professor, Director of the Governance and Public Law Chair, Sciences Po Paris, France'The essence of EU governance is unavoidably administrative. We must thank Harlow, della Cananea and Leino for pulling together these contributions exploring the administrative dimension of EU law and politics with such expertise, range and insight. The authors do not shy away from uncomfortable topics, whether its creeping authoritarianism or the challenges of top-down oversight or bottom-up participation. In a system becoming arguably more diffuse, fragmented, technocratic, and juristocratic by the day, this Handbook will serve as an essential tool for anyone who wishes to understand the nature of the integration project at this pivotal moment in its history.' --Peter L. Lindseth, University of Connecticut, School of Law, US'Bold, fresh and impeccably researched, this invaluable book will allow the reader to understand the manifold sides of European Administrative Law, the most vital area of EU law. Leading scholars of this legal science, coordinated and edited by Carol Harlow, Giacinto della Cananea and Paivi Leino, have written twenty two essays on particularly relevant issues of European Administrative Law, achieving remarkable results. The book successfully combines long established topics, such as ''accountability and control'', with other areas not yet fully explored, including ''voice and citizenship'' and, controversially, ''resurgent authoritarianism''. The result is a formative Research Handbook, indispensable for students, scholars and European legal administrators. It provides new legal substance to the concept of ''European Administrative Space''.' --Mario P. Chiti, Emeritus Professor of Law, University of Florence and Jean Monnet Chair ad personam of European Administrative Law, LUISS University, ItalyTable of ContentsContents: Introduction: European Administrative Law: A Thematic Approach Carol Harlow, Giacinto della Cananea, Päivi Leino Part I Context and Theory 1. European Administration: Nature and Developments of a Legal and Political Space Herwig C.H. Hofmann 2. The European Administration: Imperium and Dominium Giacinto della Cananea 3. Remarks on the Language of Administrative Law Scholarship in the EU Matthias Ruffert Part II The Work of Administration 4. Information Exchange and its Problems Jens-Pieter Schneider 5. ‘Administering Human Rights’: The Experience of the EU’s Fundamental Rights Agency Jonas Grimheden, Morten Kjaerum and Gabriel Toggenburg 6. Administrative Law and the Common European Asylum System Elspeth Guild Part III Resurgent Authoritarianism 7. Between Constitutional Command and Technocratic Rule: Post Crisis Governance and the Treaty on Stability, Coordination and Governance (“The Fiscal Compact”) Michelle Everson and Christian Joerges 8. The European Union Security Exception: Beyond Control? Vigjilenca Abazi and Deirdre Curtin 9. Accountability Dilemmas of Regulating Financial Markets Through the European Supervisory Agencies Päivi Leino Part IV Accountability and Control 10. Enforcement and Compliance Tanya A. Börzel and Eva G. Heidbreder 11. Four Meta-doctrines of Regulatory Accountability in the European Union Colin Scott and Imelda Maher 12. The Scope of EU Courts’ Jurisdiction and Review of Administrative Decisions – The Problem of Intensity Control of Legality Mariusz Baran 13. Control and Scrutiny: Parliaments as Agents of Administrative Law Tapio Raunio 14. Audit and Administrative Law Alex Brennkinmeijer Part V Voice and Citizenship 15. Executive Rule-making: Procedures in Between Constitutional Principles and Institutional Entrenchment Joana Mendes 16. The Right to Ask…The Right to Know – The Successes and Failures in Access to Documents Rules and Practices from an NGO Perspective Liisa Leppävirta with Helen Darbishire 17. Judicial Review of EU Administrative Rules: to Lisbon and Beyond Kieran Bradley 18. Networking and Dialogue in the European Judicial Arena Maartje de Visser 19. Administrative Due Process of Law in the Light of the Jurisprudence of EU Courts: A Quantitative and Qualitative Analysis Laura Muzi 20. Complaints Systems and EU Governance - A New Look Richard Rawlings Part VI Impact and Outreach 21. Enlargement and Administrative Law: The Polish Experience Nina Póltorak 22. EU Administrative law in an International Perspective Edoardo Chiti Endpiece Carol Harlow, Giacinto della Cananea and Päivi Leino Index

Read more less

Book SynopsisThe twenty-five years following the conclusion of the Cold War witnessed an unprecedented intensification of the usage of UN sanctions. This Research Handbook maps how UN sanctions multiplied and diversified during this period and analyses the substantive and procedural transformations to UN sanctions regimes, through the lens of international law. Expert contributors explore different types of UN sanctions regimes, most notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. They trace developments across these regimes, such as increased references to international legal standards in sanctions design and procedure as well as interplays with other processes and informal arrangements. Key chapters also specifically examine synergies between UN sanctions and unilateral measures and explore the different legal frameworks that shape and govern these respective regimes. Offering a holistic study of UN sanctions, this Research Handbook identifies cross-cutting issues and common challenges in order to provide an outlook on the future of UN sanctions in a 21st century setting. Comprehensive and engaging, students and scholars of international law and human rights law, as well as international relations more widely, will find this book an essential companion. Its forward-thinking approach will also benefit legal practitioners at the UN, other international organisations and law firms.Contributors include: M. Azeredo da Silveira, K. Boon, A. Broodryk, C. Cai, D. Dam-de Jong, E. De Brabandere, A. du Plessis, P.-E. Dupont, S.E. Eckert, W. Ferdinandusse, L. Ginsborg, M. Happold, D. Holloway, D. Hovell, D. Joyner, M. Kanetake, J. Levitt, A. Mitchell, P. Nevill, K. Prost, P. Rademakers, A. Rodiles, T. Ruys, M. SossaiTrade Review'Taking stock of 25 years of UN sanctions, this Research Handbook offers new perspectives on one of international law's ''evergreen'' topics. Whereas much of the literature on sanctions is too fine-grained and technical, this Research Handbook combines detailed assessments of particular sanctions regimes with a high-level analysis of the main developments in UN practice. A very welcome addition to the Elgar Research Handbook series!' --Christian J. Tams, University of Glasgow, UKTable of ContentsContents: Introduction 1. The individualization and formalization of UN sanctions Larissa van den Herik Part I Conceptualization and effectiveness of UN sanctions 2. Sanctions, retortions and countermeasures: concepts and international legal framework Tom Ruys 3. The evolution and effectiveness of UN targeted sanctions Sue E. Eckert Part II The functions of UN sanctions 4. UN sanctions and counter-terrorism strategies: moving towards thematic sanctions against individuals? Lisa Ginsborg 5. UN counter-proliferation sanctions and international law Daniel H. Joyner 6. UN sanctions as human rights and humanitarian law devices Matthew Happold 7. UN natural resources sanctions regimes: incorporating market-based responses to address market-driven problems Daniëlla Dam-de Jong Part III Design and procedure governing UN sanctions 8. The design of UN sanctions through the interplay with informal arrangements Alejandro Rodiles 9. Glasnost in the Security Council: the value of transparency Devika Hovell 10. Security Council sanctions and fair process Kimberly Prost 11. Timing matters: termination policies for UN sanctions Kristen E. Boon Part IV Interplay with other regimes 12. UN sanctions and international financial institutions Pierre-Emmanuel Dupont 13. Sanctions and the World Trade Organization Andrew D. Mitchell 14. Sanctions and international arbitration Eric De Brabandere and David Holloway 15. Economic sanctions and contractual disputes between private operators Mercédeh Azeredoh da Silveira 16. The prosecution of sanctions busters Ward Ferdinandusse and Pieter Rademakers Part V Regional perspectives 17. UN sanctions and regional organizations: an analytical framework Mirko Sossai 18. Interpretation and review of UN sanctions by European courts: comity and conflict Penelope Nevill 19. Chinese and Japanese perspectives on UN sanctions Machiko Kanetake and Congyan Cai 20. African perceptions of UN sanctions Amelia Broodryk and Anton du Plessis 21. UN sanctions and peace construction in West Africa Jeremy I. Levitt Index

Read more less

Book SynopsisThis ambitious Handbook covers the history, functioning and impact of cohesion policy, arguably the most tangible presence of the European Union in its twenty-eight member states. The contributions combine world-renowned scholars and country experts to discuss, in six parts, the policy's history and governing principles; the theoretical approaches from which it can be assessed; the inter-institutional and multi-level dynamics that it elicits; its practical implementation and impact on EU Member States; its interactions with other EU policies and strategies; and the cognitive maps and narratives with which it can be associated. This Handbook will be an invaluable resource to students and scholars of EU policies and politics and other related disciplines. In particular, they will benefit from the clarity with which the history and functioning of cohesion policy is laid out. Policy makers and other practitioners will also find this book of interest, due to its presentation of relevant debates.Contributors include: A. Ágh, J. Aprans, R. Atkinson, J. Bachtler, J. Balsiger, J. Baudner, I. Begg, M. Brunazzo, R.L. Bubbico, A. Catalina Rubianes, D. Charles, N. Charron, R. Crescenzi, M. Dabrowski, A. Dahs, F. De Filippis, S. Gänzle, D. Hübner, A. Faiña, A. Faludi, V. Fargion, U. Fratesi, P.R. Graziano, E. Gualini, E. Hepburn, C. Holguin, G. Karakatsanis, E. Kazamaki Ottersten, A. Kovács, A. Lenschow, R. Leonardi, J. Lopez-Rodriguez, E. Massetti, P. McCann, C. Mendez, P. Montes-Solla, T. Muravska, T. Notermans, R.l Ortega-Argilés, I. Pálné Kovács, S. Piattoni, L. Polverari, S. Profeti, A.H. Schakel, J. Schönlau, M.K. Sioliou, P. Stephenson, I. Tömmel, M. Weber, K. ZimmermannTrade Review‘The volume is an important academic contribution at a time, in which the EU is weakened by internal and global political changes, suggesting a need for policy to reinforce EU economic and political cohesion.’ -- Rolf Bergs, Journal of Common Market Studies‘Simona Piattoni and Laura Polverari have collected a superb group of experts to take stock of the history, political dynamics, and effects of EU Cohesion policy—thirty years after its launch by Jacques Delors’ administration. The book is an interdisciplinary tour de force that examines how EU Cohesion policy has indelibly shaped multilevel governance in the European Union. Cohesion policy was intended to shake up the status quo because it sought to mobilize “les forces vives” outside the national capitals. It remains, until today, a highly political enterprise that generates cooperation and competition among cities and regions; affects territorial relations within as well as across member states; and constrains choice in a variety of sectoral policies. This is a definitive statement on one of Europe’s most transformative policies.’ -- Liesbet Hooghe, University of North Carolina, Chapel Hill, USTable of ContentsContents: Introduction Simona Piattoni and Laura Polverari Part I History, Principles and Theoretical Implications of Cohesion Policy 1. The History and Evolution of Cohesion Policy Marco Brunazzo 2. The Institutions and Procedures of Cohesion Policy Paul Stephenson 3. The Economic Theory of Cohesion Policy Iain Begg 4. Cohesion Policy, Multilevel Governance and Democracy Simona Piattoni 5. Cohesion Policy and Europeanisation Marcin Dąbrowski and Paolo R. Graziano 6. Quality of Government, Regional Autonomy and Cohesion Policy Allocations to EU Regions Nicholas Charron Part II The Politics and Institutions of Cohesion Policy 7. The Commission and Cohesion Policy Ingeborg Tömmel 8. Cohesion Policy Reform and the Evolving Role of the Council John Bachtler and Carlos Mendez 9. The European Parliament and Cohesion Policy Danuta Hübner 10. The European Committee of the Regions and EU Cohesion policy Justus Schönlau 11. The European Court of Auditors and Cohesion Policy George Karakatsanis and Martin Weber 12. Cohesion Policy, EU Economic Governance and the Role of the European Investment Bank Rocco L. Bubbico, Angel Catalina Rubianes, Eugenia Kazamaki Ottersten and Maria Siolou 13. Cohesion Policy and Regional Mobilization Eve Hepburn 14. The Impact of Cohesion Policy on Regionalist Parties’ Positions on European Integration Emanuele Massetti and Arjan H. Schakel Part III Cohesion Policy and the Member States 15. Cohesion Policy in the Southern Periphery Laura Polverari 16. Cohesion Policy in the Service Economies of the North David Charles 17. Cohesion Policy in the Rich Central Regions Jörg Balsiger 18. Cohesion Policy in the Sparsely Populated Countries Tatjana Muravska, Jānis Aprāns and Aleksandrs Dahs 19. Cohesion Policy in Central and Eastern Europe: The Challenge of Learning Ilona Pálné Kovács Part IV Cohesion Policy and Broader European Strategies 20. Cohesion Policy and Rural Development Riccardo Crescenzi and Fabrizio De Filippis 21. Cohesion Policy and Transportation Andres Faiña, Jesús Lopéz-Rodriguez and Paulino Montes-Solla 22. Smart Specialisation in the Reformed EU Cohesion Policy Philip McCann and Raquel Ortega-Argilés 23. Cohesion Policy and the Green Economy Andrea Lenschow and Jörg Baudner 24. New Strategic Approaches to Territorial Cooperation in Europe: from Euro-regions to European Groupings for Territorial Cooperation (EGTCs) and Macro-regional Strategies Stefan Gänzle 25. EU Cohesion Policy in the Eastern Partnership Region: A Case of External Europeanisation Attila Ágh and Attila Kovács 26. Cohesion Policy and the Cities: An Ambivalent Relationship Rob Atkinson and Karsten Zimmermann Part V Critical Perspectives and Debates 27. The ‘Real’ Principles of Cohesion Policy Robert Leonardi and Catalina Holguin 28. Impact Assessment of EU Cohesion Policy: Theoretical and Empirical Issues Ugo Fratesi 29. Does Cohesion Policy Lead to Economic Convergence? Ton Notermans 30. The Social Dimension of Cohesion Policy Valeria Fargion and Stefania Profeti 31. The Territoriality of Cohesion Policy Andreas Faludi 32. Multilevel Governance and Multiscalar Forms of Territorialisation Enrico Gualini Index

Read more less

Book SynopsisThe European Union is a besieged institution. It is struggling in vain to overcome the eurozone crisis and faces an influx of refugees not seen since World War II. The Schengen Agreement is a dead letter, and Britain stands on the brink of leaving altogether. The EU is unfit for the challenges of the coming age of increased global competition and high tech. In sum, the drive for an "ever-closer union" has set Europe on the wrong course: plunged it into depression, fuelled national antagonisms, debilitated democracy, and accelerated decline. In this pithy, rigorously argued book, leading historian John Gillingham examines a once great notion that soured long ago.From its postwar origins, through the Single Market, to the troubles of the present, Gillingham explains how Europe's would-be government became a force for anti-democratic centralization and inept policy-making. Brussels has inspired a world of illusion that now threatens to undo the undoubted achievements of integration. The EU: An Obituary is an urgent call to the political Left, Right, and Centre to act before it is too late.Trade ReviewJohn Gillingham has established himself as one of those very rare commentators who can read European history in three dimensions. -- Norman Stone, Oxford UniversityAn excellent, up-to-date history of the EU which overturns many preconceived ideas and challenges the views of Eurofanatics and Eurosceptics alike. -- lan Sked, London School of EconomicsJohn Gillingham is the pre-eminent American historian of the European Union. -- Charles S. Maier, Harvard UniversityAt a time when clear thinking about Europe's political and economic future is urgently needed, John Gillingham has provided a convincing diagnosis of the EU's present malaise and a challenging set of prescriptions which deserve to be taken seriously by Euro-philes as much as by Euro-sceptics. -- Sir Geoffrey Owen, London School of EconomicsAs a means to take corrective actions and ultimately save the EU, Gillingham pursues a historically driven reassessment of the EU's past aimed at examining missteps, discovering subsequent solutions, and offering a glimpse into a potential future. In light of the its uneven course during its years of formation, expansion, and consolidation while currently faced with systemic threats, the EU requires fundamental reforms to remain relevant in an increasingly globalized international system. * Choice *

Read more less

Book SynopsisThis unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law.Analysing the effects of internal and external factors on the work of advisers, including organizational specificity, political influences, and institutional position, this book identifies and examines common legal practices across organizations. Chapters discuss case studies of legal advisers working at various global organizations, including the United Nations, the European Union, UNESCO, the World Health Organization and the World Bank Group, as well as regional and cross-regional organizations such as NATO and the European Space Agency. Contributors emphasise the importance of collegiality and networking between legal advisers and analyse the differences in the delivery of legal services within both governmental and private contexts.Presenting a broad perspective on the work of legal advisers at international organizations, this book will be vital reading for students, scholars, and practitioners of global governance, international law and political science. It will also be beneficial to legal advisers working for international organizations, lawyers, politicians and sociologists.Trade Review‘A must-have reference source for truly understanding the challenges and rewards of functioning as a lawyer in an intergovernmental international organization. Drawing on the experiences of lawyers functioning in diverse global and regional organizations, ranging from the UN/WHO/WB to the EU/OSCE and NATO, the reader gains a remarkable sense of how a lawyer’s skills can be used in the context of a particular organization. The stresses and strains of advocating for and achieving consistency, predictability, clarity and precision – a lawyer’s “bread and butter” – within the framework of varied international organizations present fascinating lessons for those interested in learning how the “rule of law” is pursued and maintained in these important organizations.’ -- Larry D. Johnson, former UN Assistant Secretary-General for Legal AffairsTable of ContentsContents: 1 Legal advisers in international organizations: Uncovering a little-known world 1 Jan Wouters and James Rischbieth PART I GLOBAL ORGANIZATIONS 2 The role of the legal adviser in an inclusive, networked multilateralism 32 Miguel de Serpa Soares 3 The role of the legal adviser in the United Nations: A testimony 51 Hans Corell 4 The Legal Affairs Directorate at the International Bureau of the Universal Postal Union 78 Ricardo Guilherme Filho and Melony Morgan 5 The Food and Agriculture Organization of the United Nations 98 Annick Vanhoutte and Donata Rugarabamu 6 The role of the legal adviser in UNESCO 118 Maria Vicien Milburn and Chantal Claxton-Proust 7 The International Civil Aviation Organization 145 Ludwig Weber and Artur Eberg 8 The Office of the Legal Counsel of the World Health Organization 159 Claudia Nannini and Gian Luca Burci 9 The Legal Affairs Office of the International Maritime Organization 194 Frederick J. Kenney Jr and Simone Egerton 10 The World Bank Group sanctions system 227 Pascale Hélène Dubois, Frank Fariello, Collin Swan, Corinne Champilou, Sheherezade Malik and Naicheng Deng 11 The legal adviser of the IAEA: History, mission, processes, and key developments in the international nuclear legal framework 259 Peri Lynne Johnson PART II REGIONAL AND CROSS-REGIONAL ORGANIZATIONS 12 Legal advisers in the European Union: The case of the Council Legal Adviser and the Council Legal Service 289 Ricardo Gosalbo Bono and Frederik Naert 13 The Organisation for Economic Co-operation and Development (OECD) and its General Counsel: An evolving role in an evolving organization 315 Nicola Bonucci 14 Practicing law at NATO headquarters 337 Steven Hill 15 The practice of public international law at NATO ‘Supreme Headquarters’ (SHAPE) 351 Andrés B. Muñoz Mosquera and Borja Montes Toscano 16 The role of the legal adviser in the OSCE 372 Lisa Tabassi and Stephen Walsh 17 The European Space Agency: The role of the legal counsel in a specialized organization and as a space law-maker 390 Marco Ferrazzani Index

Read more less

Book SynopsisThis groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organisations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations.Trade Review'As calls for a better balance between the immunity of international organizations and the legal protection of individuals become louder, this timely study not only analyses the tension between these two fundamental legal principles, but also presents a number of recommendations to solve the problem. This book is an essential contribution to a debate that has direct implications for all of those affected by the decisions of international organizations.' --Ramses A. Wessel, University of Twente, the Netherlands'Accountability fares high on the agenda of international lawyers. In this context, international organizations, long the embodiment of progress, have become suspect and the object of intense scrutiny. In his book, Pierre Schmitt provides us with a comprehensive and timely treatment of the legal avenues (and the limitations thereof) by virtue of which international organizations can be held accountable for human rights violations while also making audacious proposals. In doing so, he usefully continues international lawyers' quest for greater accountability in international society.' --Jean d'Aspremont, University of Manchester, UK and University of Amsterdam, the Netherlands'This book tackles a complex question of contemporary international law and international life - legal remedies for individuals vis-a-vis international organizations. Focusing on human rights violations, it carefully analyses the institutional and procedural aspects of the right of access to justice, the procedural remedies currently available, and the effects of an intersection with immunity law. The book is an important resource for anyone working with the theory or practice of international organizations and human rights.' --Catherine Brolmann, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. Setting the scene 2. International organizations’ human rights obligations 3. Right of access to justice 4. International dispute settlement mechanisms 5. National jurisdictions and the immunities of international organizations 6. General conclusions and normative proposals Index

Read more less

Book SynopsisThis authoritative guide to the International Tribunal for the Law of the Sea provides a timely assessment of its activities over the past two decades. P. Chandrasekhara Rao and Philippe Gautier?s comprehensive book delivers a detailed and extensive analysis of the Tribunal?s jurisdiction, the procedural rules governing cases before it, and its contribution to the development of the law of the sea. Through a thorough examination of the Tribunal?s judicial practice, as well as referencing primary sources such as treaties and statutes, the authors demonstrate that the Tribunal has fulfilled the role entrusted to it by the United Nations Convention on the Law of the Sea. Utilising a practice-orientated approach, this methodical analysis reveals that the Tribunal has successfully developed its own working methods in handling cases, whilst establishing itself as a judicial institution with the ability to discharge its functions efficiently and cost-effectively, and most importantly, determines that its jurisprudence has contributed to the development of a coherent and progressive interpretation of the law of the sea. Perceptive and meticulous, this book will be an invaluable resource for legal practitioners, as well as for academics, students and researchers interested in the functioning and achievements of the Tribunal.Trade Review‘The International Tribunal for the Law of the Sea: Law, Practice and Procedure is an important and helpful contribution to the literature addressing the law and practice of the ITLOS. Practitioners, in particular, will find that the book is of great assistance in understanding how the ITLOS works and what the procedural and jurisdictional framework for litigation is. There is no doubt that the book will become an indispensable reference work for practitioners and scholars dealing with dispute settlement before the ITLOS and in the law of the sea more generally.’ -- Valentin J Schatz, German Yearbook of International Law‘The book is an important and helpful contribution to the literature addressing the law and practice of the ITLOS. Practitioners, in particular, will find that the book is of great assistance in understanding how the ITLOS works and what the procedural and jurisdictional framework for litigation is. They will find the book accessible and easy to navigate. They will also profit from quick access to the relevant case-law for each of the covered issues. There is no doubt that the book will become an indispensable reference work for practitioners and scholars dealing with dispute settlement before the ITLOS and in the law of the sea more generally.’ -- Valentin J Schatz, German Yearbook of International Law‘The book will prove a valuable tool for academics, practitioners and students with an interest in law of the sea or international dispute settlement. Moreover, with new developments in law of the sea we may see an even greater role played by the Tribunal in disputes relating to that agreement, and this book will prove an invaluable asset.’ -- Mitchell Lennan, Review of European, Comparative and International Environmental Law'Written by a former Judge and President of the International Tribunal for the Law of the Sea and by its Registrar, this is certainly the most authoritative treatise on the Tribunal. It combines the insider's view of two protagonists of the activities of the Tribunal for more than twenty years with a first-rate scholarly approach. The book is a well-structured, tightly written, highly informed and informative treatise on a Tribunal that since its establishment in 1996 has found a relevant place in the map of permanent international adjudicating bodies. Procedural and institutional aspects as well as the contribution made by the Tribunal's case-law are presented in detail and in concise language. I have no doubt that this treatise will become a necessary tool for scholars and practitioners.' --Tullio Treves, Universita degli Studi di Milano, Italy'This book provides a clear, reliable, perceptive, and eminently practical account of the law and practice of the Hamburg Tribunal. It is essential reading for all those involved in the law of the sea and international dispute settlement. The two highly qualified authors (former President and current Registrar) have written what will surely become the first point of reference on the Tribunal, for practitioners and academics alike.' --Sir Michael Wood, Member of the UN International Law Commission'This book will be an indispensable reference for judges, lawyers, and scholars interested in the settlement of international disputes regarding the law of the sea. ''Present at the creation'' of ITLOS, the authors discreetly but generously share with us invaluable insights acquired during their two decades of service to the Tribunal, one as Judge (and President) and the other as Registrar. Text and practice are elegantly interwoven in a coherent explication of the Tribunal's procedure.' --Bernard H. Oxman, University of Miami, School of Law, USTable of ContentsContents: 1. Introduction 2. Institutional Overview 3. Jurisdiction 4. Procedure 5. Contribution to the Development of International Law 6. An Assessment Bibliography Index

Read more less

Book Synopsis'This innovative collection of essays offers a uniquely comprehensive exploration of the way in which the EU engages with other international organizations and bodies. While both EU law and international law perspectives are examined, this book goes beyond mere legal analysis to address political and practical issues the EU encounters on the internal and the external fronts. It forms a major contribution to the literature on the relationship between the EU legal order and public international law and on the EU's role in international relations more generally.' - Geert De Baere, General Court of the EU and KU Leuven, Belgium 'As the European Union assumes an ever more prominent role as a global actor, there is a growing need to understand the ways and means of the EU's engagement with other international institutions. This volume, with contributions from renowned experts and scholars, is the first comprehensive study to address the various relationships in that category. It is the essential companion for practitioners and scholars in the fields of European law and international organization.' - Catherine Brölmann, University of Amsterdam, the Netherlands 'This is a commendable and timely Research Handbook, published in an era in which forces of nationalism and populism question the benefits of globalization and existing mechanisms of global governance. In this rich collection of studies, Wessel and Odermatt bring together some 50 experts from academia and practice, to analyze the multifarious interrelationships between the EU and other international institutions (from the UN to the G20, from the WTO to Regional Fisheries Management Organizations, from NATO to the Council of Europe).' - Niels Blokker, Leiden University, the Netherlands The European Union has established relationships with other international organizations and institutions, mainly as a result of its increasingly active role as a global actor and the transfer of competences from the Member States to the EU. Containing chapters by leading scholars, this Research Handbook presents a comprehensive and critical assessment of these relationships, examining both the EU's representation and cooperation as well as the influence of these external bodies on the development of EU law and policy. Insightful and analytical, the Research Handbook explores the interaction of the EU with both formal and informal international institutions as it seeks to become more visible and active within these. The many challenges associated with the limits set by the EU and by international law and politics in relation to EU participation and the 'state-centred' international legal system are assessed. This unique Research Handbook will be a key resource for scholars and students of international and European law and political science, providing a unique overview of the less well-known international organizations in addition to the large institutions. The examination of the development of law and policy will also be of interest to the practitioners of these organizations and those at national ministries. Contributors include: F. Amtenbrink, A. Andrione-Moylan, J. Beqiraj, S. Blockmans, F. Bontekoe, G. Butler, M. Cantero Gamito, E. Castellarin, A.-L. Chané, C. Cinelli, S. Coban, L. de Almeida, R. Delarue, S. Donnelly, T. Emmerling, E. Fahey, J.-P. Gauci, P. Heckler, J. Jacobsson, K.E. Jørgensen, R. Kamphof, A. Khalfaoui, M. Killander, J. Klabbers, K. Laatikainen, E. Lannon, R. Lawson, L. Lourenço, C. Matera, H.-W. Micklitz, J. Odermatt, E. Paasivirta, E. Pichot, T. Peri in, T. Ramopoulos, R. Repasi, J. Selleslaghs, A. Södersten, H. Suzen, B. van der Meulen, P. Van Elsuwege, M. Vaugeois, F. Vlastou-Dimopoulou, M. Wallot, B. Wernaart, R.A. Wessel, J. Wouters, C.-H. Wu, F. YilmazTrade Review'This Research Handbook offers an in-depth survey about the European Union's status and activity in over 20 international organisations and bodies. It covers all relevant actors in the UN family, assembles the most important economic bodies, and contains insights about lesser researched entities in the fields of agriculture and fisheries, criminal justice or security. Highly interesting introductory chapters and conclusions are flanking the case studies. An excellent compilation written by leading academics and experienced practitioners!' --Frank Hoffmeister, European Commission, Belgium'This Research Handbook, with its impressive range of contributors, is a very welcome addition to the literature for scholars and students of the EU as a regional and global actor. It is the most comprehensive work that I have seen on the subject: alongside chapters addressing horizontal themes it covers the EU's relations with a wide array of international organisations, from UN agencies to the WTO and WIPO, from NATO to regional organisations in Europe, Africa, Asia and Latin America. Apart from the intrinsic interest of the mass of detailed information about how the EU engages with specific organisations, bringing this material together brings into sharper focus the questions that EU engagement with international organisations raises for both international and EU law.' --Marise Cremona, European University Institute, Italy'This remarkable book provides for the first time a comprehensive account of the European Union's broad ranging interactions with and contributions to the work of other international organisations. It will be of great benefit and necessary reading not only for international civil servants and government officials, but also for those scholars and practitioners interested in international organisations and their increasing exercise of sovereign powers.' --Professor Dan Sarooshi QC, Essex Court Chambers and University of Oxford, UKTable of ContentsContents: PART I DEVELOPMENTS IN THE INTERACTION BETWEEN THE EU AND OTHER INTERNATIONAL INSTITUTIONS 1. The European Union’s Engagement with Other International Institutions Emerging Questions of EU and International Law Ramses A. Wessel and Jed Odermatt 2. The European Union in the Law of International Organizations: Misfit or Model? Jan Klabbers 3. The Changing International Cooperation Network of the EU: The Inclusion of Informal (Regulatory) Bodies Jan Wouters and Alex Andrione-Moylan PART II THE EU AND THE UNITED NATIONS SYSTEM 4. UN General Assembly, UN Security Council, and UN Human Rights Council: The EU in State-Centred Multilateral Frameworks Esa Paasivirta and Thomas Ramopoulos 5. Food and Agricultural Organisation (FAO) and Codex Alimentarius Commission: The Impact of the Right to Food and Food Standards on EU Food Law Bernd van der Meulen and Bart Wernaart 6. International Labour Organisation (ILO): A Dynamic and Result–oriented Cooperation with the EU and its Member States Rudi Delarue and Evelyne Pichot 7. World Health Organization (WHO) and other Global Health Bodies: The EU Voice in a Fragmented Global Health Landscape Thea Emmerling 8. United Nations Educational, Scientific and Cultural Organization (UNESCO) The EU’s Transition From Observer to Full Participant on an ad hoc Basis Graham Butler 9. United Nations Development Programme (UNDP) and UN Conference on Trade and Development (UNCTAD): Towards Coordinated Action by the EU in Global Development Policy? Johanna Jacobsson 10. UN Environment Programme (UN Environment) and UN Framework Convention on Climate Change (UNFCCC): EU Action Between Legal Competences and Political Power Ries Kamphof 11. United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM): The EU Engagement in International Migration Policies Julinda Beqiraj, Jean-Pierre Gauci and Anna Khalfaoui 12. International Civil Aviation Organization (ICAO): The Development of the Position of the EU in International Aviation Mathieu Vaugeois 13. International Atomic Energy Agency (IAEA): The EU’s Role in International Nuclear Energy Policy Anna Södersten PART II THE EU AND ECONOMIC BODIES 14. World Trade Organization (WTO): The EU’s Influential Role in Global Trade Policy Tamara Perišin 15. World Intellectual Property Organisation (WIPO): The Growing Presence of the EU in Formulating International Intellectual Property Law Frits E Bontekoe and Max Wallot 16. World Bank Group (IBRD), International Monetary Fund (IMF) and European Bank for Reconstruction and Development (EBRD): The EU’s Participation in the Global Financial World Emanuel Castellarin 17. Organisation for Economic Cooperation and Development (OECD): The EU’s Position as a De Facto Member Foivi Vlastou-Dimopoulou 18. G7, G8 and G20 and Global Summits: Shortcomings and Solutions in Informal International Governance Fabian Amtenbrink and René Repasi 19. Financial Stability Board (FSB), Bank for International Settlements (BIS) and Financial Market Regulation Bodies: ECB and Commission Participation Alongside the Member States Shawn Donnelly 20. Institutional and Normative Co-operation in Private Law: Beyond the Hague Conference towards Standard Setting Organizations Lucila de Almeida, Marta Cantero Gamito and Hans-W. Micklitz PART III THE EU AND NON-ECONOMIC BODIES 21. North Atlantic Treaty Organization (NATO): Reinforcing EU-NATO Cooperation – Walking the Talk? Steven Blockmans, Samet Coban, Hasan Suzen and Fatih Yilmaz 22. Regional Fisheries Management Organisations: Defining the EU and Member State Roles Paul Heckler 23. Agriculture: The EU in the OIV and Other International Agricultural Commodity Bodies Thomas Ramopoulos 24. Law of the Sea Framework: Is EU Engagement a sine qua non for Influence? Claudia Cinelli 25. Judicial Co-operation in Criminal Matters: Between EU Internal Competences and Global Actorness Claudio Matera PART IV THE EU AND OTHER REGIONAL COOPERATION FRAMEWORKS 26. Council of Europe: Co-operation in the Field of Human Rights, Democracy and the Rule of Law Rick Lawson 27. European Economic Area (EEA) and European Free Trade Association (EFTA): A Successful Partnership with the EU Luísa Lourenço 28. The EU and its Neighbourhood: A Patchwork of Regional Strategies and Institutions from the Mediterranean to the Arctic Erwan Lannon and Peter Van Elsuwege 29. The EU’s Engagement with the Asia Pacific: An Ambivalent Relationship Chien-Huei Wu 30. The EU’s Engagement with Africa: The Joint Africa-EU Strategy as a Turning Point Anna-Luise Chané and Magnus Killander 31. The EU’s Engagement with Latin America: The Changing Nature of EU-Latin America Interregional Relations Joren Selleslaghs PART V ASSESSING EU INTERACTION WITH INTERNATIONAL INSTITUTIONS 32. The Political Impact of the EU’s Interaction with International Institutions: Towards a Two-Way Street – Both Inside-Out and Outside-In Perspectives Knud Erik Jørgensen and Katie Laatikainen 33. The Legal Effects of the EU’s Interaction with other International Institutions in Law: ‘Inwards’, ‘Outwards’, and the ‘In-between’ Elaine Fahey 34. The Challenges of Engaging with International Institutions: The EU and Multilateralism under Strain Jed Odermatt and Ramses A. Wessel Index

Read more less

Book SynopsisThis comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH), an intergovernmental organisation dedicated to developing multilateral legal instruments pertaining to personal, family and commercial legal situations that cross national borders. The Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law. Written by international experts who have all directly or indirectly contributed to the work of the HCCH, chapters analyse its structure and working methods, as well as explore its significant achievements in the areas of international family law, civil procedure, legal cooperation, commercial and finance law. The contributors also discuss the many challenges both the HCCH and other global organisations are facing, including the advent of regionalism and renewed nationalism.Scholars and students of private international law, as well as private legal practitioners and members of the judiciary, will find this book to be crucial reading. Those working at other international organisations such as NGOs, banks and businesses will also find its insights into the workings of a successful international organisation beneficial.Trade Review'In this book there are 35 contributions from foremost experts around the world. They deal with the history of the HCCH, its role in an increasingly globalised world, and its role in the future. Especially valuable is the critical analysis of the existing HCCH instruments. [...] All scholars in this field will need to take notice of this comprehensive work, and practitioners in ever-increasing international litigation will find much that is of great practical importance.' -- extracted from the Foreword by Lord Collins of Mapesbury, LLD, FBA, former Justice, UK Supreme Court'This Companion is a reflection of and tribute to the work of the Hague Conference on Private International Law over its 125 year history. The thirty-five chapters in the book consist of contributions by leading private international law experts - academics, practitioners, and judges - from across the globe. These chapters trace the development of the organization from its inception, review the various instruments produced by the HCCH, and discuss more generally substantive developments in private international law from a comparative perspective. The range of the Companion - like that of the Hague Conference itself - is comprehensive and covers issues of commercial law, family law, civil procedure, and judicial cooperation. Together the chapters underscore important themes that have been crucial to the HCCH: access to justice, the role of soft law, multilateralism, and the relationship between public and private international law. There is no work like it that I know of, and anyone who works in this field needs to have a copy and to read it cover to cover.' -- Linda J. Silberman, New York University, School of Law, US'Edward Elgar's latest contribution to the field of private international law appropriately focuses on the sole intergovernmental organization dealing exclusively with issues in this area. Since 1955, the Hague Conference on Private International Law has developed into a truly global organization, with 45% of its membership joining since the turn of the century. Nevertheless, there remains scope for improvement of participation by countries in Africa and the Middle East. The contributions deal with the full range of Hague instruments; nonetheless, certain concepts surface continuously, including access to justice, cross-border legal cooperation, international human rights law, party autonomy and technological developments. Editors John, Gulati and Kohler should be congratulated on their initiative and the resultant substantial and valuable contribution to the available literature on the Hague Conference.' -- Jan L. Neels, University of Johannesburg, South Africa'The Hague Conference is the symbol of efforts to coordinate divergent legal orders in the interest of individuals, families and undertakings. Various such efforts have been successful, producing instruments of worldwide effectiveness, others have failed; all of them contributed to a common ground for legal scholarship in private international law. The rich experience of more than a century is collected in this valuable book. Its 35 chapters address general institutional aspects of the Hague Conference, its increasing effects in continents outside Europe and a great number of specific issues covering the whole range of international commercial transactions, family relations and procedural cooperation. The editors and authors, well-known experts in their respective fields, have successfully compiled a volume that will be an indispensable guide to its subject for many years.' -- Jurgen Basedow, Max Planck Institute for Comparative and International Private Law, GermanyTable of ContentsContents: Foreword I xxi Christophe Bernasconi Foreword II xxiv Lord Collins Editors’ introduction to the Elgar companion to the HCCH xxv PART I HCCH: INSTITUTIONAL PERSPECTIVES SECTION 1 – HCCH AS AN INTERNATIONAL INSTITUTION 1 The Netherlands Standing Government Committee on Private International Law 3 Paul Vlas 2 The HCCH and functional immunity: on origins, scope, and access to court 11 Guido den Dekker 3 The three sisters of private international law: an increasingly co-operative family rather than sibling rivals 23 William Brydie-Watson SECTION 2 – HCCH AS AN ORGANISATION WITH GLOBAL REACH 4 The HCCH’s development in Latin America and the Caribbean 42 Nuria Gonzalez-Martin 5 The HCCH’s development in Africa 52 Richard Frimpong Oppong and Pontian N. Okoli 6 The HCCH’s development in the Asia-Pacific region 61 Yuko Nishitani SECTION 3 – HCCH AS A DRIVER OF PRIVATE INTERNATIONAL LAW 7 The work of the HCCH and the path of the law: the politics of difference in unified private international law 79 Horatia Muir Watt 8 The role of the HCCH in shaping private international law 112 Jan von Hein 9 Regulatory competition and the 2015 Choice of Law Principles 128 Giesela Rühl 10 The HCCH and legal co-operation – shaping the fourth dimension of private international law 150 Lukas Rass-Masson 11 The effect of ‘ordre public’ and mandatory forum law on the work of the HCCH: reflections from the Australian common law 160 Christopher Ward and Philip Santucci PART II HCCH: CURRENT INSTRUMENTS SECTION 1 – HCCH FAMILY LAW INSTRUMENTS 12 The HCCH and its Conventions relating to marriages 173 Patrick Wautelet 13 The 1980 Child Abduction Convention – the status quo and future challenges 183 Diana Bryant 14 The 1993 Intercountry Adoption Convention: from ‘gift child’ to safer adoptions 198 Sai Ramani Garimella and Shivika Choudhary 15 International family law and child protection in Latin America: achievements and shortcomings, challenges posed by the 1996 Child Protection Convention 214 Nieve Rubaja 16 The 2000 Adult Protection Convention – sleeping beauty or too complex to implement? 226 Richard Frimston 17 The HCCH and maintenance obligations 236 Nadia de Araujo 18 Mediation in international children’s cases 249 Melissa Kucinski 19 Child protection in private international law – a HCCH success story? 259 Yuko Nishitani SECTION 2 – HCCH CIVIL PROCEDURE, CROSS-BORDER LITIGATION AND LEGAL CO-OPERATION INSTRUMENTS 20 The 1961 Apostille Convention – authenticating documents for international use 277 Peter Zablud 21 The 1965 Service and 1970 Evidence Conventions as crucial bridges between legal traditions? 288 Vincent Richard and Burkhard Hess 22 The 2005 Choice of Court Convention – the triumph of party autonomy 298 Ronald A. Brand 23 The Judgments Project: fulfilling Asser’s dream of free-flowing judgments 309 Richard Garnett SECTION 3 – HCCH COMMERCIAL AND FINANCE INSTRUMENT 24 Bridging the common law–civil law divide? The 1985 Trusts Convention 323 Adeline Chong 25 The 2006 Securities Convention: background, purpose and future 336 Guy Morton 26 Advocating party autonomy in private international law – the 2015 Choice of Law Principles 349 José Antonio Moreno Rodríguez PART III HCCH: CURRENT AND POSSIBLE FUTURE PRIORITIES SECTION 1 – CURRENT PRIORITIES OF THE HCCH 27 Parentage and international surrogacy – common solutions for a contentious issue? 361 María Mercedes Albornoz 28 Global governance and co-operation on tourist-consumer matters: arguments in favour of a legal instrument to protect international tourists at the HCCH 373 Claudia Lima Marques and Tatiana Cardoso Squeff 29 Forum non conveniens: a comparative perspective 390 Philippa Webb SECTION 2 – POSSIBLE FUTURE PRIORITIES OF THE HCCH? 30 Is private international law tech-proof? Conflict of laws and FinTech: selected issues 406 Francisco J. Garcimartín Alférez and Sara Sánchez Fernández 31 Private international law and international commercial arbitration – a role for the HCCH? 416 Alexander Grebelsky 32 The digitisation of legal co-operation – reshaping the fourth dimension of private international law 428 Florian Heindler 33 Complex contractual relationships – is there a need for special private international law rules on contractual chains and networks? 439 Poomintr Sooksripaisarnkit and Ifeoma Obi 34 The (uneasy) relationship between the HCCH and information technology 449 Dan Jerker B. Svantesson 35 Of giggers and digital nomads – what role for the HCCH in developing a regulatory regime for highly mobile international employees 464 Geert van Calster Glossary to the Elgar companion to the HCCH 479 Index 485

Read more less

Book Synopsis2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second. This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO's education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO's role in treaty interpretation and substantive and procedural harmonization. The Research Handbook on the World Intellectual Property Organization will be a key resource for scholars of trade and development, and intellectual property. It will also be of value to intellectual property practitioners, government officials and non-governmental organizations concerned with intellectual property, trade, development, and human rights issues and advocacy. Contributors include: T. Aplin, M. Blakeney, A.F. Christie, G. Davies, G. Dinwoodie, R. Dreyfus, A. Duxbury, M. Ficsor, S. Frankel, D. Gangjee, D. Gervais, R. Giblin, J. Ginsburg, I. Heath, A. Kur, J. Liedes, D. Lindsay, A. Quaedvlieg, J. Reichman, S. Ricketson, A. Taubman, S. von Lewinski, K. Weatherall, R. Xalabarder, P.K. YuTable of ContentsContents: Introduction: 50 years of the World Intellectual Property Organization Sam Ricketson 1. The foundation of the World Intellectual Property Organization: what came before Gillian Davies and Sam Ricketson 2. The Role of WIPO as an International Organization Alison Duxbury 3. WIPO: a brief institutional history and overview Gillian Davies and Sam Ricketson 4. WIPO: a view from inside and outside the tent Dr. Mihály Ficsor 5. Copyright and related rights: WIPO’s role in formulating international norms in this area Sam Ricketson and Tanya Aplin 6. WIPO’s Role in Procedural and Substantive Patent Law Harmonization Rochelle Dreyfuss and Jerome Reichman 7. Non-Conventional Marks and the Obstacle of Functionality – WIPO’s Role in Fleshing Out the Telle Quelle Rule Graeme Dinwoodie and Annette Kur 8. Making a Place for Place-Based IP: WIPO and Geographical Indications Dev Gangjee 9. Protection of Industrial Designs: a Twenty first Century Challenge for WIPO Antoon Quaedvlieg 10. WIPO, Development Cooperation and the Development Agenda Michael Blakeney 11. Education and Training, Technical Assistance Programs Raquel Xalabarder 12. The Relationship between WIPO and the WTODaniel Gervais 13. Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Silke von Lewinski 14. WIPO and IP Dispute Resolution Andrew F. Christie 15. WIPO’s Role in Collating and Publishing Data and Statistics, and in Economic Analysis David Lindsay 16. Muddling Through Successfully: financing and governing WIP OIan Heath 17. WIPO and Treaty Interpretation Susy Frankel 18. Caught in the Middle: WIPO and Emerging Economies Peter K Yu 19. ‘Nothing for us, without us’: growth and diversity in observers' participation in WIPO. Antony Taubman 20. Modernizing Copyright and Saving the Planet? Speculations on WIPO’s Future Role Rebecca Giblin, Kimberlee Weatherall, Jane C Ginsburg and Jukka Liedes 21. WIPO – appraising the first 50 years Sam Ricketson Index

Read more less