Public international law: international organizations and institutions Books

Book SynopsisThis book traces the role of human rights concerns in US foreign policy during the 1980s, focusing on the struggle among the Reagan administration and members of Congress. It demonstrates how congressional pressure led the administration to reconsider its approach to human rights and craft a conservative human rights policy centered on democracy promotion and anti-communism - a decision which would have profound implications for American attention to human rights. Based on extensive archival research and interviews, Rasmus Sinding Søndergaard combines a comprehensive overview of human rights in American foreign relations with in-depth case studies of how human rights shaped US foreign policy toward Soviet Jewry, South African apartheid, and Nicaragua. Tracing the motivations behind human rights activism, this book demonstrates how liberals, moderates, and conservatives selectively invoked human rights to further their agendas, ultimately contributing to the establishment of human rightTrade Review'In explaining how idealists in Congress forced the Reagan administration to embrace and recast human rights, Søndergaard reveals how profoundly the trajectory of US human rights policy was determined by contestation between the executive and the legislature. This richly researched book illuminates a poorly understood decade in the development of international human rights and recovers the role of overlooked actors, both in Congress and outside government.' Barbara Keys, Durham University'An engaging and original contribution to our understanding of the place of human rights in US foreign policy in the 1980s. Rasmus Søndergaard is particularly effective in highlighting the significance of the newly-formed Congressional Human Rights Caucus (CHRC) and articulating what a 'conservative' human rights policy meant during the Reagan years.' Sarah B. Snyder, American University, Washington DC'Søndergaard makes an important contribution to our understanding of human rights in US Cold War foreign relations. Drawing on deep archival research, Reagan, Congress, and Human Rights convincingly illuminates how legislators on both sides of the political aisle influenced the Reagan administration's approach to the defining human rights issues of the 1980s.' William Michael Schmidli, Universiteit Leiden'This excellent study examines how Congress asserted a role in incorporating human rights into the [Reagan] administration's foreign policy, especially through the bipartisan Congressional Human Rights Caucus (CHRC).' A. J. Dunar, Choice'The argument that it was the Congressional assertion of the importance of human rights that forced the Administration to make it a significant part of its foreign policy agenda is compelling. That this assertion was bipartisan and only contested in terms of the location of its application, rather than the principle itself, makes this argument all the more intriguing.' Mark Hurst, Diplomacy & Statecraft'The book will make a lasting contribution to our understanding of the foreign policy continuity across the final decades of the Cold War. Søndergaard has written a sequel to Barbara Keys' Reclaiming American Virtue: The Human Rights Revolution of the 1970s (2014). Like her, he has obliged us to rethink easy caricatures of US power.' Timothy J. Lynch, Journal of Contemporary HistoryThe persistence in contemporary debates of many of the political patterns highlighted by Søndergaard further underscores the importance of this book, which should be required reading for anyone interested in the domestic politics of human rights or legislative-executive relations on foreign policy. Jordan Tama, Diplomatica'… an excellent study that challenges many previous understandings of Reagan's foreign policy and the role of Congress in the 1980s. As Søndergaard demonstrates, while the administration's use of human rights was selective and only genuinely pursued when connected to its anti-communist efforts, it nonetheless 'helped secure human rights as the key moral language in American foreign relations'.' Kristina Spohr, Diplomatic History'The book will make a lasting contribution to our understanding of the foreign policy continuity across the final decades of the Cold War … Søndergaard reminds us that American politics is sometimes compromised but often advantaged by its endemic contestation over moral questions.' Timothy J. Lynch, Journal of Contemporary HistoryTable of ContentsIntroduction; 1. After the breakthrough: human rights in American foreign relations in the 1980s; 2. The Reagan turnaround on human rights; 3. The Congressional human rights caucus and the limits of bipartisanship; 4. The right to leave: Soviet Jewish emigration; 5. 'A universal human rights issue': South African apartheid; 6. Two tales of human rights: US policy toward Nicaragua; Conclusion.

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Book SynopsisThis book tells the story of the evolution of state sovereignty in the Global South, as regional organizations in Africa, Latin America, and Southeast Asia increasingly interfere in domestic affairs. It will appeal to scholars and students of international relations, international organisations, human rights and the politics of the Global South.Trade ReviewCoe's Sovereignty in the South is an important contribution to the study of international and regional orders and the changing practices of sovereignty. For too long scholars of international relations have merely assumed that foundational norms such as sovereignty, smoothly diffused from the West to the rest. Coe shows how such conventional wisdoms must be overturned. By pointing to the historical topography that existed prior to the establishment of regional organizations, economic development, and democratization, Coe captures the critical change in and between regions regarding the practice of sovereignty.' Michael Barnett, George Washington University'Brooke Coe provides fresh insights on the development of regionalism in the global South, offering a compelling explanation for variation in the willingness of regional organizations to interfere in the affairs of sovereign states. In showing how differing histories and political and economic realities across Africa, Latin America, and Southeast Asia have generated varying degrees of 'intrusive regionalism' on issues of human rights, democracy, and security, Sovereignty in the South makes a valuable contribution to International Relations scholarship.' Luke Glanville, Australian National University'In this path-breaking macro-historical study, Brooke N. Coe establishes against the conventional wisdom that sovereignty-intruding regional institutions are not confined to the West, let alone Europe, but permeate the global South, too, particularly Latin America and Sub-Saharan Africa. Moreover, she explains the variation in intrusive regionalism by emphasizing especially the role of historically embedded identities and community norms. A superb example of the newest comparative regionalism!' Thomas Risse, Freie Universität Berlin'Sovereignty in the South is an expansive and innovative book that examines change in the practice of the norm of non-interference across three regions of the Global South … The book is impressive in its reach and sheds light on important and underexamined issues in comparative regionalism.' Aarie Glas, H-DiploTable of ContentsIntroduction; 1. The uneven rise of intrusive regionalism; 2. Macronationalism and the discursive foundations of regionalism in the Global South; 3. Contested sovereignty norms and the erosion of non-interference; 4. The role of regime type; 5. The role of economic performance; Conclusion.

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Book SynopsisAs part of the 1947 General Agreement on Tariffs and Trade (GATT), a compromise on domestic socio-economic issues was struck and subsequently given the name ''embedded liberalism''. The Future of International Economic Integration explores the multiple dimensions of the embedded liberalism compromise, to understand its contemporary influence on both the scope and application of international trade law, and on the content and character of parallel domestic socio-economic policy space. Top international economic law scholars have contributed chapters that look at the four principal dimensions of the topic. It sets out the history and character of the embedded liberalism compromise, explores the relationship between the compromise and WTO law, explores areas of contemporary tension that invoke the principles of the compromise such as human rights, cultural diversity, and environmental protection, and investigates what future impact the compromise might have on new trade and investment agreements.Trade Review'This excellent volume does much more than excavate the underlying principles of the post-World War II international trade regime. It also demonstrates precisely how these principles went askew in the most recent wave of globalisation. Most importantly, it addresses how deep reflection on the principles can offer insights into ways of strengthening the fragile 'system' of global economic governance today.' John Gerard Ruggie, Berthold Beitz Professor in Human Rights and International Affairs, John F. Kennedy School of Government, Massachusetts'This is an excellent set of essays on the continuing vitality of some of the architectural assumptions in the design of modern international economic law. The essays cover numerous issues including trade, investment, food security, cultural sensibilities, human rights, and the workplace.' Steve Charnovitz, George Washington University Law School, Washington DC'There is a pressing need for sustained and thoughtful discussion about how the international economic system can best serve the interests of a wide range of social and human rights issues and maintain the necessary balance between economic openness and domestic socio-economic stability. This book provides an insightful contribution to that debate in curating the work of some of international economic law's innovative and leading academics, and offers a much needed perspective and way forward for international economic law in testing times.' Gabrielle Marceau, University of Geneva, President of SIEL and Senior Counsellor, WTO Legal Affairs Division'History is full of ironies; we live in a time when the rule of law and embedded liberalism is under threat from policymakers in two of the countries that designed the longstanding mix of domestic and international trade policies that has kept economic peace and stimulated economic growth. This important edited volume by Professors Gillian Moon and Lisa Toohey rethinks the embedded liberalism concept and reminds us why it deserves both our understanding and support today.' Susan Aaronson, George Washington University, Washington DC, and Senior Fellow, Centre for International Governance InnovationTable of ContentsContributor biographies; Foreword Andrew Lang; Preface; List of acronyms; Part I. The Concept of the Embedded Liberalism Compromise: 1. Introduction to the embedded liberalism compromise Gillian Moon and Lisa Toohey; 2. The embedded liberalism compromise in the making of the GATT and Uruguay Round Agreements Meredith Kolsky Lewis; 3. The embedded liberalism compromise as touchstone in times of political turmoil Lisa Toohey; 4. Universal human rights in the embedded liberalism compromise Gillian Moon; 5. Recalibrating the embedded liberalism compromise: 'legitimate expectations' and international economic law Chios Carmody; Part II. The Dynamic of the Embedded Liberalism Compromise: 6. From agriculture to food security: embedded liberalism and stories of regulatory failure Fiona Smith; 7. Embedded liberalism and national treatment: the case of Taiwan's Mijiu taxation Hsu-Hua Chou and Weihuan Zhou; 8. Embedded liberalism and international investment agreements: the future of the right to regulate, with reflections on WTO law Catharine Titi; 9. Regulatory coherence in future free trade agreements and the idea of the embedded liberalism compromise Andrew D. Mitchell and Elizabeth Sheargold; Part III. Engineering the Embedded Liberalism Compromise: Addressing the Future in Times of Turmoil: 10. Embedded liberalism as a framework for description, critique and advocacy: the case of human rights measures under the GATT Rachel Harris; 11. Embedded liberalism and global business: domestic stability versus corporate autonomy? Justine Nolan and Gillian Moon; 12. The embedded liberalism compromise and cultural policy measures. Maintaining cultural diversity alongside WTO law Franziska Sucker; 13. The WTO's purpose, regulatory autonomy and the future of the embedded liberalism compromise Emily Reid.

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Book SynopsisAs was true for previous editions of this book, the present edition offers the non-specialist reader: the politician, diplomat, journalist or student of international law and relations – a guide and introduction to the International Court of Justice; what it is and how it works. The step by step explanation of how a case is tried is still based on the Military and Paramilitary Activities in and against Nicaragua case, due to the fact that virtually every procedural situation that exists played a role in that case, as well as to the continuing influence of that case on the role of the Court. However, much has happened since the last edition appeared in 1995. The Court has experienced the most active period in its history, and this new edition takes full account of the Court’s activities and efforts to adapt itself to the new requirements and challenges of the present century.Trade ReviewNo library purporting to specialize in international law, or to contain any significant international content, would be complete without this latest edition of Rosenne's "Oscar winning" treatment of the work of the ICJ. In ASIL Newsletter UN21 Interest Group, 2004.

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Book SynopsisRosenne’s The World Court offers a contemporary and interactive take on the UN’s main judicial organ. The International Court of Justice, which has remained largely unchanged since its creation in 1945, operates within a growing network of states and international bodies. The book analyzes the institution via the prism of its relationship with states – the Court’s natural constituency – as well as UN organs, international and domestic courts, academia, and non-state actors. It offers topics for class discussions, moot court exercises, and model syllabi. Direct engagement with the writings of leading scholars in international law and international relations helps uncover the Court’s political and legal role in a complex international order. The book’s novel and multidisciplinary approach make it an essential resource for students, teachers, and scholars.Table of ContentsContents Foreword IX Acknowledgments XI List of Figures and Tables XIII Introduction 1 The International Court of Justice and Its Predecessor  A Early Beginnings: the League of Nations and the PCIJ  B Legal Underpinnings  Conclusion 2 The International Court of Justice and States  A Access to the Court: States Only  B The Principle of Consent  C Admissibility and Jurisdiction  D Arguing before the Court  E How a Case Is Tried  Conclusion 3 The International Court of Justice and the United Nations  A Advising the UN as an Organization  B Advising on Disputes  C The ICJ’s Relationship with Other Principal UN Organs  D A Timeline of Advisory Proceedings  E Comparative Practice  Conclusion 4 The International Court of Justice and the International Community  A The ICJ and Other International Courts and Tribunals  B The ICJ and National Courts  C The ICJ and “the Most Highly Qualified Publicists”  D The ICJ and Non-State Actors  Conclusion 5 An Assessment  A What States Use the Court and for What  B Avoiding the Court  C Compliance with the Court’s Judgments  Conclusion 6 Bringing the Court to the Classroom: Student’s Guide  A What Is a Moot Court?  B Written Pleadings Phase  C Oral Pleadings Phase  D Recap  E Moot Court Problems Bringing the Court to the Classroom: Facilitator's Guide  This Guide will be available by request at worldcourt@brill.com 7 Teaching the International Court of Justice  A The ICJ for Law Students  B The ICJ for International Relations/Political Science Students  C A Full Course on the International Court of Justice, 2 Credits

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Book SynopsisThe discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.Table of ContentsAcknowledgements;Introduction; Chapter One: Contextual Historical Analysis of Past Initiatives 1.1 An Optimistic Start: Quest for International Legal Personality 1.2 Uniform Universal Status: A Transnational World Vision 1.3 Selection, Registration, and Order: Political Reliability vs. Expertise 1.4 Gaining New Momentum: UN Consultative Status Arrangements 1.5 De Facto Legal Status: False Promise of Consultative Arrangements 1.6 Resemblance to IGOs: Quest for Functional Legitimacy 1.7 Disapproval of International Status: INGOs as National NGOs 1.8 International NGOs: a Socio-Political Non-Legal Phenomenon 1.9 Non-Governmental Non-Community: Whose Status? 1.10 The Turn to Regionalism: Pan-European Intellectual Environment 1.11 In Search of Political Support: Supranational Action 1.12 Intermediary Observations: Discrete Doctrinal Approaches Chapter Two: New Initiatives and Developments 2.1 INGOs Accountability Charter 2006 2.2 Guidelines on International Human Rights Fact-Finding Visits and Reports (The 'Lund-London Guidelines') 2009 2.3 Reports of the Committee on Non-State Actors of the International Law Association (2008, 2010 & 2012) Chapter Three: Evaluation of New Developments and Current Trends 3.1 Doctrinal Evolvement 3.2 Resemblance to IGOs 3.3 Tensions within the Non-Governmental Community 3.4 Authors of Initiatives 3.5 INGOs' Disinterest 3.6 European Focus Chapter Four: Conclusions and Future Prospects Appendices; Bibliography; Index.

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Book SynopsisSince 1945, the United Nations has had an internal justice system to handle internal disputes and examine employee conformity with its rules of governance. Based on an exhaustive analysis of 3,067 judgements, advisory opinions, and General Assembly debates on the issue, The Internal Justice of the United Nations offers an unparalleled account of the system’s effectiveness and shortcomings over its seventy year history.

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Book SynopsisSovereignty in the Age of Global Terrorism: The Role of International Organisations analyses the role of international organisations in adopting counterterrorism measures after 9/11 and the impact of these measures on the sovereignty of their Member States. The book examines the counterterrorism regimes of the UN and four regional organisations (with a special focus on the EU), as well as their implementation by their Member States. It includes the 2008 Kadi case of the European Court of Justice as case study of the conflicts between legal regimes that have competing mandates to fight terrorism. The relevance of the book lies in both comprehending the rationale for international actions against terrorism and the consequences on international law and State sovereignty.Trade Review"Feinberg does not disentangle the web of legal complexities thrown up by the multilayered battle against the scourge of international terrorism, nor could she be expected to do so. But scholars, policy makers and interested lay readers will learn much from her coherent presentation of the manner in which states and international organizations have interacted to maximize their joint and separate efforts to combat global terrorism during the critical years examined in this book.” - Dr. Rachel Frid de Vries, Justice no. 59, 2017, pp. 54-55Table of ContentsAcknowledgments; About The Author; List Of Abbreviations; Introduction; 1. Context; 2. Why Sovereignty and Which Sovereignty?; 3. International Organisations–Conflict of Legal Orders; 4. Conflict of Branches; 5. International Security–Conflict of Norms; 6. Structure and Methodology; Part 1–The United Nations Counterterrorism Framework and Its Impact on Sovereignty; Chapter 1–The Emergence of an International Counterterrorism Regime ; 1. Non-binding UN Counterterrorism Measures; 2. The Security Council’s Means of Action; Chapter 2–Terrorism Obligations from the Security Council; 1. The Definition of Terrorism as a ‘Threat to International Peace and Security’– Allocation of Authority; 2. Resolutions 1373 and 2178–A Binding Global Framework; Chapter 3–Compliance and Enforcement; 1. Pre-September 11, 2001; 2. The Counter-Terrorism Committee; 3. Results and Analysis; Chapter 4–The Scope of the Security Council’s Role; 1. The Legality of the Security Council’s Actions; 2. The Legitimacy of the Security Council’s Actions; 3. Do States Care?; Part 2–The Role of Regional Organisations in International Counterterrorism Chapter 5–The Mandate of Regional Organisations for Terrorism; 1. Relationships with Member States: Distribution of Powers; 2. Relationship with The United Nations—Threats to Peace and Security: A Mandate for Counterterrorism?; Chapter 6–Regional Counterterrorism Measures; 1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union; Chapter 7—Compliance and Implementation; 1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union; Chapter 8–The Role of Regional Courts in Counterterrorism; 1. The Organisation of American States; 2. The Council of Europe; 3. The European Union; Part 3–Terrorism Sanctions–Conflicts of Sovereignty; Chapter 9–Terrorist Sanctions–A Multilayered System; 1. United Nations Terrorism Sanctions; 2. European Union Sanction Regimes; 3. European Union Member States’ National Sanctions Regimes; 4. Human Rights in Sanctions Regimes; Chapter 10–Conflict of Sovereignties–A Case Law Study; 1. EU Case Law; 2. UK Case Law; 3. ECtHR Case Law; Chapter 11—The Impact of Case Law on the United Nations and European Union Sanctions Regimes; 1. European Union Measures; 2. United Nations Measures; Chapter 12–Conflicts; 1. Conflict of Sovereign Legal Orders; 2. Conflict of Branches or Traditional Separation of Powers?; Conclusions; Bibliography; Index.

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Book SynopsisIn The Seal Hunt: Cultures, Economies and Legal Regimes, Nikolas Sellheim offers a deep analysis of the seal hunt worldwide. He engages on a journey from the northern to the southern hemisphere and explores how the seal hunt has shaped cultures all over the world up to this day. By analysing the different national and international regimes dealing with the seal hunt, Sellheim shows how the perception of the seal and the seal hunt has changed over time and space. Focusing on the European Union and the World Trade Organization, the volume offers an account on how opposition towards the seal hunt has found its way onto the international spheres of governance and trade.Table of ContentsPreface Acknowledgements 1 Introduction  1Where are we on Seals?  2Seals and Humans: A Troubled Relationship?  3A Brief Introduction to Seals  4The Characters of Law   4.1 Law and Knowledge   4.2 Law as Expression   4.3 Are Objectivity and Expression in Law Adversaries? 5 A Short Explanation of the Content of the Book 2 Cultures and Economies  1Introduction  2The Northern Hemisphere   2.1 Northern Atlantic Ocean    2.1.1. Eastern Canadian Seal Hunts    2.1.2. Iceland   2.2 Inuit Seal Hunts in the Davis Strait    2.2.1 Historical Overview   2.3 North Pacific    2.3.1. The Pribilof Islands    2.3.2. The Bering Sea and Bering Strait   2.4 Sea of Okhotsk and Sea of Japan    2.4.1. Historical Overview    2.4.2. Contemporary Issues   2.5 Jan Mayen, Barents Sea and White Sea   2.6 Baltic Sea and North Sea    2.6.1. Historical Overview    2.6.2. Contemporary Issues   2.7 Lake Sealing  3The Southern Hemisphere   3.1 South Georgia    3.1.1. Historical Overview    3.1.2. Contemporary Issues   3.2 South America   3.3 Bass Strait, New Zealand and Macquarie Island    3.3.1. Historical Overview    3.3.2. Contemporary Issues   3.4 South, Southwest and Southeast Africa  4Conclusion 3 Legal Regimes  1Introduction  2Defunct Multilateral Regimes   2.1 The North Atlantic    2.1.1 The Jan Mayen Seal Fishery Treaty, 1875    2.1.2 Finnish-Soviet Sealing Regimes in the Northeast Atlantic, 1922–1944    2.1.3 International Convention for the Northwest Atlantic Fisheries, 1949—1978    2.1.4 Agreement on Measures for Regulating the Catch and Conserving Stocks of Seals in the Northeastern Part of the Atlantic Ocean, 1957    2.1.5 Agreement between the Government of Canada and the Government of Norway on Sealing and the Conservation of the Seal Stocks in the Northwest Atlantic, 1971    2.2 The Bering Sea Fur Seal Regimes until 1984    2.2.1 The 1911 Fur Seal Convention    2.2.2 The 1957 Interim Convention on Conservation of North Pacific Fur Seals   2.3 Lake Sealing  3Current Multilateral Regimes    3.1 International Legal Regimes    3.1.1 United Nations Convention on the Law of the Sea (unclos), 1982    3.1.2 Convention on International Trade in Endangered Species of Wild Flora and Fauna (cites), 1979    3.1.3 Convention on Migratory Species (cms, Bonn Convention), 1979    3.1.4 Convention on the Conservation of European Wildlife and Habitats (Bern Convention), 1979    3.1.5 Convention on Biological Diversity (cbd), 1992    3.2 International Organisations and Regional Regimes    3.2.1 Atlantic Ocean    3.2.2 Baltic Sea    3.2.3 Mediterranean Sea    3.2.4 Antarctica   3.3 A Short Discussion on Bi- and Multilateral Agreements  4National Legislation   4.1 Northern Hemisphere    4.1.1 Canada    4.1.2 United States    4.1.3 Russia    4.1.4 Norway    4.1.5 Iceland    4.1.6 Denmark / Greenland    4.1.7 Sweden    4.1.8 Finland    4.1.9 Estonia    4.1.10 Japan    4.2 Southern Hemisphere    4.2.1 Falkland Islands and South Georgia    4.2.2 Namibia and South Africa    4.2.3 Uruguay    4.2.4 Argentina    4.2.5 Peru    4.2.6 Chile    4.2.7 Ecuador    4.2.8 Australia    4.2.9 New Zealand    4.3 A Short Discussion on National Legislation  5Conclusion 4 The European Union and the Seal Hunt  1Introduction  2The Seal Pups Directive 1983  3The EU Seal Regime   3.1 The Drafting History of the EU Seal Regime    3.1.1 The Declaration of the European Parliament    3.1.2 The Seal Hunt and the Council of Europe    3.1.3 The European Food Safety Authority    3.1.4 cowi    3.1.5 The Legislative Proposal    3.1.6 The imco Report    3.1.7 Banning the Trade in Seal Products    3.2 Adjudicating the Seal Regime   3.3 Problems, Politics and Protests    3.3.1 Stakeholders    3.3.2 The Effects of the EU Seal Regime 4 Conclusion 5 Public Morality, International Trade Law and the Seal Hunt  1Introduction  2The Blurry Concept of “Public Morality”  3International Trade Law and the “Moral Concern”   3.1 The Emerging “Moral Exception” in International Trade Law   3.2 The “Moral Concern” and the Trade in Seal Products  4Animal Welfare as a European Moral Standard  5An Inner-European View on Public Morality  6Conclusion 6 Concluding Thoughts Bibliography Literature Cited Legislation, Policy-Documents and Case-Law Cited Index

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Book SynopsisThe Basel Committee on Banking Supervision (BCBS) was established in 1974 as an informal group of central bankers and bank supervisors with the mandate to formulate supervisory standards and guidelines. Although the Committee does not have any formal supranational authority, it is the de facto global banking regulator and its recommendations have been widely implemented by member and non-member states. Maziar Peihani investigates the BCBS’s governance, operation, and policy outcomes to determine the extent to which it is and has been legitimate. The project is comprised of two parts. This part overviews the literature on the BCBS, outlines its contribution, and provides a primer on the Committee’s governance and functions. In addition, it engages with the current theories on legitimacy and discusses what legitimacy means for the global governance of banking and how it can be assessed.Table of ContentsChapter 1. Introduction Introduction Overview of the Literature on the BCBS Contribution of Project Overview of Project Chapter 2. An Exploration of Legitimacy: What Does It Mean for the Global Governance of Banking and How Can It Be Assessed? Legitimacy: An Elusive Concept Global Governance of Banking from the Lens of Global Administrative Law Criteria for Assessment of Legitimacy Conclusion Chapter 3. A Primer on the BCBS History, Governance and Status in the International Financial Architecture Introduction The Historical Context for the BCBS’s Establishment BCBS Governance The BCBS and the International Financial Architecture Revisiting the BCBS as a Transnational Regulatory Network Conclusion List of References

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Book SynopsisThe Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.Table of ContentsI. Legal Positivism and its Discontents (1) The Mainstream: Legal Positivism (a) Positivist Treaties (b) Positivist Custom (c) Positivist General Principles (2) The Institutional Challenge to Legal Positivism (a) The Reality of Institutionalization (b) The International Judiciary (c) The Return of Domestic Analogies (d) From State Rules to Process (e) From Process to Inter-disciplinarity (3) Caveats II. The UN Charter Over Time: The Contemporary Security Council (1) What is the UN Charter for? (2) The UN Charter as Positivist Instrument (3) The Council and the “Contracting Out” of Force: Iraq (4) The Council as Extradition Tool (5) The Council and Ad Hoc War Criminal Tribunals (6) The Council and the “Right to Democracy” (7) The Council’s “Smart” Sanctions (8) The Council’s Global “Legislation” (9) The Council’s New Tool: The ICC (10) The Council and “Human Security” III. The Contemporary General Assembly (1) The Assembly and the Sources of International Law (2) The Assembly as Charter Interpreter (3) The Assembly as Human Rights Interpreter and Enforcer (4) The Assembly as Peace and Security Institutional Actor IV. A Contemporary Specialized Agency: The World Health Organization (1) The Origins of the WHO (2) The Fall of the Old IHRs (3) The Rise of the Revised (2005) IHRs (4) The WHO’s First Treaty: The Framework Convention on Tobacco Control (5) The WHO in Larger Context V. The Main Functions of International Adjudication (1) Introduction (2) The Complex Dispute Settlement Function (3) The Fact-Finding Function (4) The Law-Making Function (5) The Governance Function (6) Conclusions VI. Three Challenges Posed by International Organizations (1) The IO Challenge to Legal Positivism (a) The challenge to the primacy of states and state consent (b) The challenge to the Article 38 source of international obligation (c) The challenge to bindingness (d) Explaining how IO charters “evolve” (2) The IO Challenge to Sovereignty (3) The IO Challenge to the Rule of Law (4) Conclusion

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Book SynopsisPart I of this project overviewed the literature on the Basel Committee of Banking Supervision (BCBS) and provided a primer on the Committee’s governance and functions. It also engaged with the current theories on legitimacy and discussed what legitimacy meant for the global governance of banking and how it could be assessed. This part investigates the BCBS’s governance, operation, and policy outcomes to determine the extent to which it is and has been legitimate. The assessment is conducted based on three principles of reasoned decision making, transparency, and accountability. Maziar Peihani argues that the BCBS has gradually become a more legitimate institution but there still exists significant room for improvement. He highlights a number of areas for reform and sets out policy prescriptions to enhance the BCBS’s legitimacy.

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Book SynopsisInternational organizations are typically intergovernmental in nature and endowed with a bipolar institutional structure where organs of States are usually juxtaposed with the Secretariat. On these premises, in Non-Governmental Interests in Regional Organizations: The Role of Parliamentary, Socio-Economic and Territorial Institutions Elisa Tino aims at analysing the unexplored phenomenon of institutional multipolarism of regional organizations, namely the trend to establish institutions representing non-governmental interests. Particularly, illustrating their diffusion in various geographic areas, explaining rationales underlying their establishment and investigating their institutional aspects, Elisa Tino pinpoints the contribution of these institutions to the development of regional organizations both according to the functionalist approach and the constitutionalist one. Thus, she aims at providing food for thought in the study of international organizations.

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Book SynopsisIn 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO’s responsibility for wrongful conduct during its military operations. This timely book deals with the international responsibility of NATO during military operations. It examines, the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.Table of ContentsList of Figures VI List of Abbreviations Table of cases 1Introduction  1.1 The Concept of International Responsibility  1.2 Research Objective and Research Questions  1.2.1Research Objective  1.2.2Research Questions  1.3 Methodology and Materials  1.4 Object of Study  1.5 Outline of the Study 2 Three Illustrative Cases – Facts and Questions  2.1 Introduction  2.2 Case 1: Human Trafficking and Forced Prostitution in Kosovo  2.2.1Background, Legal Framework of the Operation and Command Relationships  2.2.2Status of Forces  2.2.3Background of the Incident  2.2.4Reaction by nato, tcns and / or Others  2.3 Case 2: Detention Operations in ISAF  2.3.1Background, Legal Framework of the Operation and Command Relationships  2.3.2Status of Forces  2.3.3Background of the Incident  2.3.4Reaction by nato, tcns and / or Others  2.4 Case 3: Kunduz Incident  2.4.1Background, Legal Framework of the Operation and Command Relationships  2.4.2Background of the Incident  2.4.3Reaction by nato, tcns and /or Others 3 Overview of the Key Moments in the Development of NATO  3.1 Introduction  3.2 NATO from 1949 until 1989  3.3 NATO in the Period after the Cold War  3.4 Conclusions 4 Current Institutional Framework of NATO and NATO’s Decision Making Process  4.1 Introduction  4.2 Current Institutional Framework of NATO  4.2.1Introduction  4.2.2The Civilian Structure  4.2.3The Military Structure  4.3 The Relationship between NATO and Its Member States and the Decision-making Process  4.3.1Consensus-rule  4.3.2Planning Process of nato Operations  4.3.3The Command and Control Relationship  4.4 The Relationship between NATO and the UN  4.5 Conclusions 5 The International Legal Personality of NATO  5.1 Introduction  5.2 Indicia of the Existence of International Legal Personality  5.3 The International Legal Personality of NATO  5.4 Jurisprudence of International Courts and Tribunals  5.5 State Practice and Practice of International Organizations  5.6 Conclusions 6 Binding International Obligations Relevant to NATO’s Operations  6.1 Introduction  6.2 International Obligations under NATO’s Constitutional Documents  6.3 International Obligations under the UN Charter  6.4 International Obligations under Conventional Law  6.4.1Conventional International Humanitarian Law and International Human Rights Law  6.4.2Mission-SOFAs between nato and the Host State  6.4.3Memoranda of Understanding between nato and tcns  6.5 International Obligations under Customary Law  6.5.1International Obligations under Customary IHL  6.5.2International Obligations under Customary ihrl  6.6 Internal and External Rules of NATO  6.7 Conclusions 7 Attribution of Wrongful Acts to NATO  7.1 Introduction  7.2 Attribution of Wrongful Acts of Agents and Organs of NATO  7.3 Attribution of Conduct of Organs or Agents Placed at the Disposal of NATO  7.4 Multiple Attribution of Wrongful Conduct in NATO-led Operations  7.5 Conclusions 8 Conclusions and Recommendations  8.1 Introduction  8.2 Analysis of the Three Illustrative Cases  8.2.1Human Trafficking and Forced Prostitution in Kosovo  8.2.2Detention Operations in isaf  8.2.3Kunduz Incident  8.3 Final Conclusions  8.4 Recommendations Appendix Index

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Book SynopsisIn Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.Table of Contents1 Introduction  1 Discriminatory Violence as a Global Phenomenon  2 The Need for a More Significant Role for the ECtHR In Addressing and Combating the Phenomenon of Discriminatory Violence  3 Scope and Structure of this Book  4 Some Final Words 0n Methodology 2 Contextualising Discriminatory Violence within the Council of Europe  1 Introduction  2 The Substantive Legal Framework: Anti- Discrimination Law in the Council of Europe  3 General Features of Article 14 Echr and their Impact on Complaints of Discriminatory Violence  4 Important Taxonomies to Categorise Discrimination Complaints   4.1Formal and Substantive Equality   4.2Direct and Indirect Discrimination  5 Conclusion 3 Ordering Discriminatory Violence: Three Types of Complaints  1 Introduction  2 The Negative Duty of State Officials to Refrain from Inflicting Discriminatory Violence  3 The Positive Duty of State Officials to Effectively Investigate Discriminatory Violence and to Identify and Punish those Responsible  4 The Positive Duty of State Officials to Take Preventive Measures against Discriminatory Violence  5 The remaining Cases of Discriminatory Violence: Complaints Connected to Provisions other than Article 2 or Article 3 ECHR  6 Conclusion 4 The Collection of Facts and the Actors Involved in Fact- Finding at the ECtHR  1 Introduction  2 The legal Framework for the Examination of a Case by the ECtHR  3 How Applicants and Respondent States are Engaged in Fact- finding during the Procedure before the ECtHR   3.1Presenting an Application to the Court   3.2The Parties’ Obligation to Cooperate with the Court  4 Fact- finding Missions Conducted by the ECtHR  5 Contributions to Fact- Finding by External Actors  6 Conclusion 5 The Standard of Proof in Cases of Discriminatory Violence  1 Introduction  2 Some General Observations on The Notion of ‘Standard of Proof’  3 Standards of Proof in ECtHR Case Law  4 ‘Beyond Reasonable Doubt’ in ECtHR Case Law   4.1The ECtHR Definition of ‘Beyond Reasonable Doubt’ and the Origins of this Standard of Proof   4.2Testing the ‘Beyond Reasonable Doubt’ Standard in Cases of Discriminatory Violence  5 Conclusion 6 The Distribution of the Burden of Proof in Cases of Discriminatory Violence  1 Introduction  2 Some General Observations on the ‘Burden of Proof’  3 Presumptions and Inferences  4 The Influence of Presumptions and Inferences on the Distribution of the Burden of Proof in Violence Cases   4.1Cases in which Individuals were Injured, Died or Disappeared while in the Hands of State Agents   4.2Presumptions and Inferences in Cases in which Evidence Discloses an Administrative Practice   4.3Interim Conclusion  5 The Distribution of the Burden of Proof in Cases in which a Discriminatory Nature of Violence is Alleged   5.1The Circumstances Under which the Burden of Proof May Shift   5.2Exploring New Criteria to Shift the Burden of Proof in Cases of Discriminatory Violence  6 Conclusion 7 Evidentiary Material Used to Prove Discriminatory Violence at the ECtHR  1 Introduction  2 Admissibility of Evidence in ECtHR Proceedings  3 Factual Elements from the Domestic Case File Pointing to Discriminatory Violence   3.1Confessions   3.2Instructions   3.3Discriminatory Remarks   3.4Extremist Groups   3.5The Remaining Factual Elements   3.6Interim conclusion  4 Statistics   4.1General Views on Statistics as Evidence   4.2The ECtHR Approach: Statistics Gaining Ground as Evidence in Cases of Indirect Discrimination   4.3The Use of Statistics in Cases of Discriminatory Violence  5 Reports Issued by Intergovernmental Organisations and NGO s  6 Conclusion 8 Conclusion  1 Introduction  2 Discrimination’ and ‘Discriminatory Violence’ in ECtHR Case Law: A Call for a More Substantive Conception of Equality in Cases Concerning Discriminatory Violence  3 Most Notable Means of Gathering Facts and Evidence in the Context of Complaints of Discriminatory Violence at the Court  4 The Adequacy of the Evidentiary Framework in Cases of Discriminatory Violence   4.1Standard of Proof   4.2Burden of Proof   4.3Evidentiary Material   4.4Synopsis: Evaluating the Evidentiary Framework in ECtHR Cases of Discriminatory Violence  5 Epilogue and Outlook: The Ecthr as the Guardian of the Rights of Disadvantaged Groups Bibliography Index

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Book SynopsisCorporate social and environmental responsibility (CSR/CER) can be understood as practices which voluntarily extend beyond mere compliance with mandatory social and environmental standards. Corporate social and environmental responsibility: Another road to China’s sustainable development, by Mengxing Lu, contributes to the current debate of CSR/CER by providing a legal and economic analysis of CSR/CER and its relationship with regulation. Although the development of CSR/CER is at an early juncture in China, it is nevertheless a prominent topic for Chinese policy makers and business leaders alike. By depicting the landscape of CSR/CER in China, Corporate social and environmental responsibility: Another road to China’s sustainable development successfully demonstrates the vast potential for CSR/CER’s contribution to China’s sustainable development.

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Book SynopsisIn The Ideas and Practices of the European Union’s Structural Antidiplomacy, Steffen Bay Rasmussen offers a comprehensive analysis of EU diplomacy that goes beyond the functioning of the European External Action Service and discusses the sui generis nature of the EU as a diplomatic actor, the forms of bilateral and multilateral representation as well as the actor identity, founding ideas and meta-practices of EU diplomacy. The book employs a novel theoretical approach that distinguishes the social structures of diplomacy from the practices and meta-practices of diplomacy. Comparing EU diplomacy to the two theoretically constructed ideal types of Westphalian diplomacy and utopian antidiplomacy, Steffen Bay Rasmussen concludes that the EU’s international agency constitutes a new form of diplomacy called structural antidiplomacy.Trade Review"In short, it is a methodologically comprehensive, up-to-date and a very well founded book, considering that it is an issue covering a myriad of processes. However, the author effectively deals with most of these impediments." - Roberto Duran, Catholic University of Chile, in: Diplomatica 1 (2019)Table of Contents1 Introduction: The European Union and the Contemporary Transformation of Diplomacy  1.1 The European Union as a Case of Special Interest  1.2 Research Design  1.3 The Organisation of the Book 2 Conceptual Framework: Diplomacy, Alienation and Ideal Types  2.1 Towards a Contingent Notion of Diplomacy   2.1.1 The English School   2.1.2 The Limitations of Doctrinal Approaches   2.1.3 Alienation and Diplomacy   2.1.4 A Contingent Definition of Diplomacy  2.2 A Social Constructivist Ontology of Diplomacy   2.2.1 Social Structures   2.2.2 The Role of Diplomacy in the International System   2.2.3 Conceptualising the Diplomacy of Individual Actors   2.2.4 Diplomacy as a Structured Discursive Totality   2.2.5 Layers of Diplomacy  2.3 Westphalian Diplomacy: An Ideal Type   2.3.1 Westphalian Diplomatic Identities, Ideas and Meta-practices   2.3.2 Westphalian Diplomatic Practice  2.4 Antidiplomacy: An Ideal Type   2.4.1 Antidiplomatic Identities, Ideas and Meta-practices   2.4.2 Antidiplomatic Practices  2.5 Ideal Types and the Analysis of the Social Structure, Practices and Meta-practices of EU Diplomacy 3 The Organisation of the EU as a Diplomatic Actor  3.1 The Historical Evolution of the EU as a Diplomatic Actor  3.2 The Internal Setup of the EU as a Diplomatic Actor after Lisbon   3.2.1 The European Council and Its Permanent President   3.2.2 The Council of the European Union   3.2.3 The Commission and The High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission   3.2.4 The European External Action Service  3.3 Division of Labour in Brussels and the Challenge of Coherence  3.4 Conclusion: A Complex Network Organisation 4 The EU in Bilateral Diplomatic Relations  4.1 The EU as Receiver of Diplomatic Mission  4.2 The Permanent Representation of the EU in Third States   4.2.1 The EU Delegations   4.2.2 The Role of the Diplomatic Missions of the Member States  4.3 EU Special Representatives  4.4 Coordination in the Network of EU Diplomatic Representations  4.5 Conclusion 5 The Participation of the EU in International Organisations  5.1 The Participation of the EU in International Organisations: General Aspects  5.2 The United Nations   5.2.1 The status of the European Union   5.2.2 Practices of Representation   5.2.3 Practices of Coordination   5.2.4 The UN Security Council   5.2.5 The FAO  5.3 The World Trade Organization   5.3.1 Status of the EU   5.3.2 Forms of Representation   5.3.3 Coordination Practices  5.4 The International Monetary Fund   5.4.1 Status of the EU   5.4.2 Forms of Representation   5.4.3 Coordination Practices  5.5 The Organization for Security and Cooperation in Europe (osce)   5.5.1 Status of the EU   5.5.2 Forms of Representation   5.5.3 Coordination Practices  5.6 Conclusion 6 EU Diplomatic Meta-Practices: Institutionalisation, Legalisation and Regionalisation  6.1 Evolution of the EU’s International Legal Personality and Its Competences to Conclude International Agreements  6.2 EU Agreements: General Aspects   6.2.1 Cooperation Agreements   6.2.2 Association Agreements   6.2.3 Technical and Partial Agreements  6.3 EU Regionalism: The Structure of the EU’s Relationships with Other Regions   6.3.1 Africa and the acp States   6.3.2 Asia   6.3.3 Latin America   6.3.4 The European Economic Area   6.3.5 The European Neighbourhood Policy  6.4 Conclusion: EU Diplomatic Meta-practices between Transformative Effects and Isomorphic Pressures on the EU to Adapt 7 Social Structures of EU Diplomacy  7.1 The International Identity of the European Union a Diplomatic Actor   7.1.1 The Dominant Antidiplomatic EU Identity   7.1.2 The Minority Construction of EU Diplomatic Identity Based on the Westphalian Ideal Type  7.2 The Causal Ideas in EU Diplomacy  7.3 Strategic Objectives of EU Diplomacy  7.4 Conclusion 8 Conclusions and Perspectives  8.1 Main Characteristics of European Union Diplomacy   8.1.1 EU Diplomatic Practices   8.1.2 EU Diplomatic Meta-practices: Institutionalisation, Legalisation and Regionalisation   8.1.3 The Antidiplomatic Social Structures of EU Diplomacy  8.2 What Diplomatic Theory Reveals about the EU: The Structural Antidiplomacy of the European Union as an Inherently Unstable Construction between the Ideal Types of Westphalia and Utopian Antidiplomacy  8.3 What the EU Case Reveals about Diplomacy: Ideal Types and the Pluralisation of Diplomacy   8.3.1 The Case of EU Diplomacy and the Construction of a Typology of Diplomacies   8.3.2 The Systemic Impact of the EU’s Structural Antidiplomacy Annex 1: Ideal Type Social Structures of Diplomacy Annex 2: Ideal Type Diplomatic Meta-practices Annex 3: Ideal Type Diplomatic Practices Bibliography

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Book SynopsisWhile forces of globalization have created a genuine global marketplace, global rules safeguarding the competitive process in this marketplace have not emerged. International cooperation among national regulators and enforcers is therefore needed to create a competitive global business-environment. The Future of International Competition Law Enforcement, using the variety of legal instruments available to the EU as a point of departure, undertakes an original assessment of the EU's cooperation agreements in the field of competition law The work’s focus is on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement; further attention is given to competition provisions in free trade agreements as well as the main multilateral initiatives in this field, in order to determine their relative value.Table of ContentsAcknowledgements List of Abbreviations Introduction: Ready, Willing, and Able? PART 1 Trial and Error in the Development of International Competition Law Enforcement Cooperation 1 Need for International Competition Cooperation  1.1 Globalisation  1.2 Proliferation of Competition Laws and Increase in Enforcement Activity 2 Four Axes of International Competition Cooperation  2.1 Multilateralism v Bilateralism  2.2 Enforcement Cooperation v Convergence/Harmonisation  2.3 Formal v Informal Cooperation  2.4 Hard v Soft Law 3 Origins of International Competition Cooperation  3.1 External Events Overthrew Early Multilateral Initiatives  3.2 Extraterritoriality Emerged as Default Solution  3.3 Multilateral Efforts Continue to Fail  3.4 The OECD Recommendations and the Switch to the Bilateral Level 4 Intermediate Conclusion Part 1 PART 2 An Assessment of the EU’s Dedicated Competition Cooperation Agreements 1 Benchmarks  1.1 Introduction  1.2 Measurable Benchmarks 2 First Generation Agreements: A Costly Way to Create and Maintain Momentum  2.1 Context of Conclusion of the EU-US Agreement  2.2 Cooperation Mechanisms in the EU-US Agreement  2.3 Legal Nature  2.4 Use of the EU-US Agreements  2.5 Assessment 3 Second Generation Agreements: Ignoring Crucial Issues  3.1 A Strong Call for Intensified Cooperation  3.2 The EU-Switzerland Second Generation Agreement  3.3 Limited Use of Existing Second Generation Agreements  3.4 A Particular Challenge: The Concept of ‘Confidential Information’  3.5 Concerns About the Exchange of Confidential Information and How They are Addressed by the EU-Switzerland Agreement  3.6 Assessment Based on Benchmarks 4 Alternatives and Complements: Workable or Not?  4.1 Alternative Cooperation Mechanisms in the Field of Competition Law  4.2 Cooperation in Other Policy Fields 5 Intermediate Conclusion Part 2 PART 3 Dedicated Agreements versus Integration in a Broader Framework 1 Substantive Integration: Competition in the Global Trade System—A Cautionary Tale  1.1 Relevance and Scope  1.2 Emergence of Competition Chapters in FTAS  1.3 Competition Chapters in Bilateral EU FTAS: From Traditional FTAS Over Post-Global Europe FTAS to Mega-FTAS  1.4 The Rationale for Inclusion: Pro’s and Con’s 2 Geographical Integration: The Multilateral Approach  2.1 Different Multilateral Forums with Distinct Challenges 3 Intermediate Conclusion Part 3 Conclusion: Ready, but not Willing or Able Selected Bibliography Index

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Book SynopsisWinner of the 2020 Friends of ACUNS Biennial Book Award Group Politics in UN Multilateralism provides a new perspective on diplomacy and negotiations at the United Nations. Very few states ‘act individually’ at the UN; instead they often work within groups such as the Africa Group, the European Union or the Arab League. States use groups to put forward principled positions in an attempt to influence a wider audience and thus legitimize desired outcomes. Yet the volume also shows that groups are not static: new groups emerge in multilateral negotiations on issues such as climate, security and human rights. At any given moment, UN multilateralism is shaped by long-standing group dynamics as well as shifting, ad-hoc groupings. These intergroup dynamics are key to understanding diplomatic practice at the UN.Table of ContentsAbbreviations List of Figures and Tables Notes on Contributors Part 1: Introduction to Group Politics 1 Introduction: Group Politics in UN Multilateralism  Katie Verlin Laatikainen and Karen E. Smith 2 Group Politics at the UN: Conceptual Considerations  Katie Verlin Laatikainen Part 2: Regional and Political Groups in UN Diplomacy 3 The European Union  Karen E. Smith 4 Latin American Cooperation at the United Nations: Exploring the Role of GRULAC, CARICOM and ALBA  Andrea Ribeiro Hoffmann 5 The African Union in the United Nations  Nandi Makubalo, Madeleine O. Hosli, and Michaël Lantmeeters 6 The Organization of Islamic Cooperation and the Arab League  Elisabeth Johansson-Nogués 7 ASEAN as an Actor in the United Nations: How Cohesive Is It?  Jürgen Rüland 8 The Alliance of Small Island States at the UN: the Promise and Pitfalls of Single-Issue Groups in Multilateral Negotiations  Katie Laatikainen Part 3: Group Politics in UN Multilateral Diplomacy 9 Gender Equality and Sexual Orientation Discrimination  Karen E. Smith 10 Group Dynamics and Interplay in UN Disarmament Forums  Megan Dee 11 Negotiating the Responsibility to Protect in the UN System  Alex Bellamy 12 Discussing Global Health and Access to Medicines in the UN System: the Case of the Union of South American Nations (UNASUR)  Andrea Ribeiro Hoffmann and Jana Tabak 13 Negotiating the Sustainable Development Goals  Mary Farrell 14 Group Interaction in the UN Framework Convention on Climate Change  Lisanne Groen 15 Group Politics and the Question of Palestinian Recognition in the UN System  Elisabeth Johansson-Nogués 16 Conclusion: “The Only Sin at the UN is Being Isolated”  Katie Verlin Laatikainen and Karen E. Smith Index

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Book SynopsisIn Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter Tamsin Phillipa Paige conducts a critical discourse analysis of UN Security Council meetings in relations to ‘threat to the peace’. She then synthesises these case studies to demonstrate how each member of the P5 defines the phrase.Table of ContentsForeword Preface Acknowledgements Introductory Overview Part 1: Theory and Methodology 1 Law and Politics in the Time of the Prohibition on the Use of Force 2 Critical Discourse Analysis and Case Study Selection Part 2: Case Studies 3 Spain 1946 (Resolutions 4 (1946), 7 (1946) and 10 (1946)) 4 Palestine 1948 (Resolution 54 (1948)) 5 5Portuguese African Territories 1963 Portuguese African Territories 1963 (Resolution 180 (1963)) 6 Apartheid in South Africa 1963–77 (Resolutions 181, 182 (1963), 190, 191 (1964), 282 (1973), 311 (1972), 417 and 418 (1977)) 7 Vietnamese Intervention into Cambodia 1978–79 8 US–Iran Hostage Crisis 1979 (Resolutions 457 and 461 (1979)) 9 Namibian Occupation by South Africa 1981–83 (Resolutions 457 and 461 (1979)) 10 Repression of a Civilian Population – Iraq 1991 (Resolution 688 (1991)) 11 Civil War in Yugoslavia 1991 (Resolution 713 (1991)) 12 The Coup in Haiti 1991–93 (Resolution 841) 13 Extradition of Pan Am Flight 103 Bombing Suspects and Access to Information Related to UTA Flight 772 Bombing, 1992 (Resolutions 731 and 748 (1992)) 14 Rwandan Civil War and Genocide 1993–94 (Resolutions 812 (1993), 846 (1993), 872 (1993), 893 (1994), 909 (1994), 912 (1994), and 918 (1994)) 15 Afghanistan 1999 (Resolution 1267) 16 East Timor Intervention 1999 (Resolution 1264) 17 Small Arms Trade (Resolution 2117 and the Arms Trade Treaty) 18 AIDSEpidemic in Africa and Peacekeeping Operations 2000–05 19 Non-Proliferation of wmds: Resolutions 1441 (2002), 1540 (2004), 1696 (2006), 1718 (2006) 20 UK and US Use of Force against Iraq 2003 21 Sexual Violence as a Tactic of War: ‘Women and Peace and Security’, and ‘Children and Armed Conflict’ (Resolutions 1820 (2008), 1882 (2009), 1888 (2009), and 1960 (2010)) 22 Piracy: Somalia and Gulf of Guinea 23 Civil War in Syria 24 Chemical Weapons Resolution 2118 Part 3: Meta-synthesis 25 Meta-Synthesis Overview 26 General Meta-Synthesis Observations 27 Team America: World Police? 28 London Calling 29 Vive la France 30 From Russia with Love 31 Enter the Dragon Conclusion Annex Potential Case Studies Coding Results Tables Bibliography Index

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Book SynopsisThis first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance organs. Second, the legal basis of governance of IFIs. And third, the interaction around governance between IFIs and external stakeholders. This volume concludes with the text of the 2017 AIIB Law Lecture, delivered by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, Miguel de Serpa Soares on the subject of ‘The Necessity of Cooperation between International Organizations’ and a summary report on the proceedings of the 2017 AIIB Legal Conference. The first volume of AYIL was launched at the Annual Meeting of the Board of Governors of the AIIB in Mumbai, India, June 2018.Table of ContentsPreface  Gerard Sanders Introduction: Good Governance and Modern International Financial Institutions  Peter Quayle and Xuan Gao Part 1: The Governance Role of the Boards of International Financial Institutions 1 Board Effectiveness in International Financial Institutions: A Comparative Perspective on the Effectiveness Drivers in Constituency Boards  Stilpon Nestor 2 Gender Diversity on Boards: A Cause for Multilateral Organizations  Marie-Anne Birken and Gian Piero Cigna 3 International Financial Institution Governance: The Role of Shareholders  Whitney Debevoise Part 2: The Governance Basis of International Financial Institutions 4 The Rule of Law in the International Monetary Fund: Past, Present and Future  Yan Liu 5 Governance of the Asian Infrastructure Investment Bank in Comparative Context  Natalie Lichtenstein 6 The Evolving Jurisprudence of the International Administrative Tribunals: Convergence or Divergence?  Joan S. Powers Part 3: The Governance Vocation of International Financial Institutions 7 Open Data for Development: The World Bank, Aid Transparency, and the Good Governance of International Financial Institutions  Catherine E. Weaver 8 The Making of Global Public Authorities: The Role of IFIs in Setting International Labor Standards  Yifeng Chen 9 The World Bank’s Sanctions System: Using Debarment to Combat Fraud and Corruption in International Development  Pascale Hélène Dubois, J. David Fielder, Robert Delonis, Frank Fariello and Kathleen Peters Part 4: 2017 AIIB Law Lecture 10 The Necessity of Cooperation between International Organizations  Miguel de Serpa Soares Part 5: 2017 AIIB Legal Conference Report 11 AIIB Legal Conference Report  Christopher Smith

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Book SynopsisOn the occasion of the centenary of the International Labour Organization (ILO), this 11th volume of International Development Policy explores the Organization's capacity for action, its effectiveness and its ability to adapt and innovate. The collection of thirteen articles, written by authors from around the world, covers three broad areas: the ILO’s historic context and contemporary challenges; approaches and results in relation to labour and social protection; and the changes shaping the future of work. The articles highlight the progress and gaps to date, as well as the context and constraints faced by the ILO in its efforts to respond to the new dilemmas and challenges of the fourth industrial revolution, with regard to labour and social protection. Contributors include: Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Zrampieu Sarah Ba, Stefano Bellucci, Thomas Biersteker, Filipe Calvão, Gilles Carbonnier, Nancy Coulson, Antonio Donini, Christophe Gironde, Karl Hanson, Mavis Hermanus, Velibor Jakovleski, Scott Jerbi, Sandrine Kott, Marieke Louis, Elvire Mendo, Eric Otenyo, Agnès Parent-Thirion, Sizwe Phakathi, Paul Stewart, Kaveri Thara, Edward van Daalen, Kees van der Ree, Patricia Vendramin, and Christine Verschuur.Table of ContentsForeword Preface List of Figures and Tables List of Acronyms and Abbreviations Notes on Contributors Introduction 1 The ILO at 100: In Search of Renewed Relevance  Gilles Carbonnier and Christophe Gironde Part 1: The ILO At Work 2 ILO: Social Justice in a Global World? A History in Tension  Sandrine Kott 3 Who Decides? Representation and Decision-making at the International Labour Organization  Marieke Louis 4 The Achievements and Limitations of Statutory and Non-statutory Tripartism in South African Mining  May Hermanus, Sizwe Phakathi, Nancy Coulson and Paul Stewart 5 The ILO’s Role in Global Governance: Limits and Potential  Velibor Jakovleski, Scott Jerbi and Thomas Biersteker Part 2: Protecting People 6 Health Protection in Ghana and Senegal: What is the ILO’s Role?  Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Elvire Mendo and Zrampieu Sarah Ba 7 The ILO’s Shifts in Child Labour Policy: Regulation and Abolition  Edward van Daalen and Karl Hanson 8 From the Centre to the Margins and Back Again: Women in Agriculture at the ILO  Christine Verschuur 9 Social Suffering and Structural Violence: Nepali Workers in Qatar  Antonio Donini Part 3: The Future of Work 10 Digitisation and the Disappearing Job Theory: A Role for the ILO in Africa?  Stefano Bellucci and Eric E. Otenyo 11 Working Futures: The ILO, Automation and Digital Work in India  Filipe Calvão and Kaveri Thara 12 Promoting Green Jobs: Decent Work in the Transition to Low-carbon, Green Economies  Kees van der Ree 13 Redefining Working Conditions in Europe  Patricia Vendramin and Agnès Parent-Thirion Index

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Book SynopsisReforming the United Nations - Fit for Purpose at 75? - examines the efforts of Secretary-General, António Guterres, to improve the aging organisation during 2017-2019. On development, the global network was repositioned better to assist countries. On peace and security, the Secretariat was reorganised with a focus on conflict prevention. On management, the paradigm centred on decentralisation and accountability. Other priorities addressed sexual exploitation in peacekeeping and gender parity. The detail analysis of the reform process highlights the positions of the United States, Russia, China, the Group of 77 and the European Union. Official records are used. The Guterres reform was respectable by improving efficiency and effectiveness. Reform proposals did not, however, address fundamental problems including Security Council reform.Table of ContentsPreface Abbreviations List of Figures 1 Short History of UN Reform  1.1 Early Years, 1946–1953   1.1.1 Trygve Lie of Norway  1.2 Cold War and North-South Conflict, 1953–1991   1.2.1 Dag Hammarskjöld of Sweden   1.2.2 U Thant of Burma   1.2.3 Kurt Waldheim of Austria   1.2.4 Javier Pérez de Cuéllar of Peru  1.3 Rediscovery and Challenges, 1992–2016   1.3.1 Boutros Boutros-Ghali of Egypt   1.3.2 Kofi Annan of Ghana   1.3.3 Ban Ki-moon of South Korea  1.4 Reform of the Security Council 2 Secretary-General António Guterres: A Difficult Start and Early Reform Priorities  2.1 US President Donald Trump  2.2 Guterres’s Early Reform Initiatives  2.3 Sexual Exploitation and Abuse   2.3.1 New Approach   2.3.2 Fifth Committee Review and the Member States’ Position   2.3.3 Approval of the ga Resolution on Sexual Exploitation and Abuse   2.3.4 Voluntary Compact and Circle of Leadership  2.4 Gender Parity   2.4.1 System-Wide Strategy on Gender Parity  2.5 Towards a Comprehensive Reform Agenda   2.5.1 Declaration on UN Reform 3 Development Pillar  3.1 Quadrennial Comprehensive Policy Review (QCPR)   3.1.1 Independent Team of Advisors   3.1.2 QCPR Landmark Resolution 71/243  3.2 Repositioning the UN Development System: First Report (A/72/124-E/2018/3)   3.2.1 ECOSOC and the Second Committee of the GA Consider the First Report on the UN Development System  3.3 Repositioning the UN Development System: Second Report (A/72/684–E/2018/7)   3.3.1 ECOSOC Review of Reform Proposals   3.3.2 Intergovernmental Consultations within the Framework of the ga   3.3.3 Reform Resolution 72/279   3.3.4 UNCT   3.3.5 UNRC   3.3.6 Regional Approach   3.3.7 Funding the UN Development System   3.3.8 Follow-up on the Repositioning Efforts of the UN Development System  3.4 Member States’ Positions  3.5 Funding Compact  3.6 DESA and Regional Commissions 4 The Peace and Security Pillar  4.1 The High-Level Advisory Board on Mediation  4.2 Budget Pressure  4.3 Restructuring of the Peace and Security Architecture: First Report (A/72/525)   4.3.1 Intergovernmental Consultations   4.3.2 Approval of the First Report by ga Resolution 72/199  4.4 Restructuring the Peace and Security Architecture: Second Report (A/72/772)   4.4.1 Review by the acabq   4.4.2 Approval of the Second Report  4.5 Member States’ Positions  4.6 Action for Peacekeeping (A4P)   4.6.1 The Secretary-General Launched A4P   4.6.2 The Declaration of Shared Commitments on UN Peacekeeping Operations   4.6.3 A Peacekeeping Task Force to Support A4P   4.6.4 A4P Champions 5 The Management Pillar  5.1 A New Management Paradigm: First Reports (A/72/492, A/72/492/Add.1)   5.1.1 Staff Were Briefed on Management Reform   5.1.2 The New Management Paradigm and Planning and Budget Process Are Issued   5.1.3 Review by the acabq   5.1.4 The Assembly Endorses the New Management Paradigm and Approves the New Planning and Budgetary Process  5.2 The New Management Paradigm: Second Report (A/72/492/Add.2)   5.2.1 The Second Report on the New Management Paradigm Is Issued   5.2.2 ACABQ Review of the New Management Architecture   5.2.3 The Secretary-General Briefs Member States on the New Management Paradigm   5.2.4 The Assembly Approves the New Management Paradigm  5.3 Member States’ Positions  5.4 Outstanding Issues: Information and Communication Technology (ICT), The Global Service Delivery Model and Human Resources Management   5.4.1 Information Technology (IT)   5.4.2 The Global Service Delivery model   5.4.3 Human Resources Management 6 Implementation of Reform  6.1 The Implementation Plan  6.2 1 January 2019: Commencement of the Reform  6.3 The Development Pillar   6.3.1 The Second Implementation Report, April 2019   6.3.2 ECOSOC Reviews the Second Implementation Report   6.3.3 The Third Implementation Report, April 2020  6.4 The Member States’ Position  6.5 The Peace and Security Pillar  6.6 The Management Pillar 7 Reforming the United Nations: Fit for Purpose at 75?  7.1 Reform Issues  7.2 The Reform Process and Member States’ Position  7.3 Conclusion Appendix I Short Introduction to the UN  1 Governing Bodies (the GA, the Security Council, ECOSOC, the ACABQ)  2 The Secretariat and Peacekeeping  3 Funds, Programmes, Specialised Agencies and Related Organisations  4 The UN System and the UN Development System Appendix II Chronology of UN Reform Process Appendix III UN Documents  1 Secretary-General’s Reports   1.1 GA-ECOSOC Report A/72/124-E/2018/3, Repositioning the United Nations Development System to Deliver on the 2030 Agenda: Ensuring a Better Future for all, Report of the Secretary-General, 11 July 2017 [See Chapter 3.2]   1.2 GA Report A/72/492, Shifting the Management Paradigm in the United Nations: Ensuring a Better Future for all, Report of the Secretary-General, 27 September 2017 [See Chapter 5.1]   1.3 GA Report A/72/525, Restructuring of the United Nations Peace and Security Pillar, Report of the Secretary-General, 13 October 2017 [See Chapter 4.1]  1.4 GA-ECOSOC Report A/74/73–E/2019/14, Implementation of General Assembly Resolution 71/243 on the Quadrennial Comprehensive Policy Review of Operational Activities for Development of the United Nations system, 2019, Report of the Secretary-General, 15 April 2019 [See Chapter 6.1]  2. Resolutions  2.1 GA Resolution 71/243, Quadrennial Comprehensive Policy Review of Operational Activities for Development of the United Nations System, Adopted 21 December 2016, Issued 1 February 2017 [See Chapter 3.1]  2.2 GA Resolution 72/199, Restructuring of the United Nations Peace and Security Pillar, Adopted 20 December 2017, Issued 19 January 2018 [See Chapter 4.1]  2.3 GA Resolution 72/236, Operational Activities for Development of the United Nations System, Adopted 20 December 2017, Issued 18 January 2018 [See Chapter 3.2]  2.4 GA Resolution 72/266 A, Shifting the Management Paradigm in the United Nations, Adopted 24 December 2017, Issued 15 January 2018 [See Chapter 5.1]  2.5 GA Resolution 72/279, Repositioning of the United Nations Development System in the Context of the Quadrennial Comprehensive Policy Review of Operational Activities for Development of the United Nations System, Adopted 31 May 2018, Issued 1 June 2018 [See Chapter 3.3]  2.6 GA resolution 72/262 C iii, Revised Budget Estimates for the Period from 1 July 2018 to 30 June 2019 Related to the Peace and Security Reform, Adopted 5 July 2018, Issued 18 July 2018 [See Chapter 4.2]  2.7 GA Resolution 72/266 B, Shifting the Management Paradigm in the United Nations, Adopted 5 July 2018, Issued 17 July 2018 [See Chapter 5.2]  2.8 GA Resolution 73/248, Operational Activities for Development of the United Nations System, Adopted 20 December 2018, Issued 14 January 2019 [See Chapter 3.1]  2.9 ECOSOC Resolution 2019/15, Progress in the Implementation of General Assembly Resolution 71/243 on the Quadrennial Comprehensive Policy Review of Operational Activities for Development of the United Nations System, Adopted 8 July 2019, Issued 12 July 2019 [See Chapter 6.1]  2.10 GA Resolution 74/238, Operational Activities for Development of the United Nations System, Adopted 19 December 2019, Issued 10 January 2020 [See Chapter 6.1]  2.11 GA Resolution 75/1, Declaration on the Commemoration of the Seventy-Fifth Anniversary of the United Nations, 21 September 2020 [See Chapter 7]  3. ACABQ Reports  3.1 GA Report A/72/7/Add.24, Shifting the Management Paradigm in the United Nations: Ensuring a Better Future for all: Improving and Streamlining the Programme Planning and Budgeting Process, Report of the acabq, 22 November 2017 [See Chapter 5.1]  3.2 GA report A/72/859, Revised Budget Estimates for the Period from 1 July 2018 to 30 June 2019 Related to the Peace and Security Reform, Report of the acabq, 8 May 2018 [See Chapter 4.2]  3.3 GA Report A/72/7/Add.49, Shifting the Management Paradigm in the United Nations: Implementing a New Management Architecture for Improved Effectiveness and Strengthened Accountability, Report of the acabq, 25 May 2018 [See Chapter 5.2] Bibliography Index

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

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Book SynopsisSeventy Years of the International Law Commission: Drawing a Balance for the Future brings together voices from academia and practice to celebrate and critically evaluate the work of the United Nations International Law Commission (ILC) over the past seventy years. The edited volume draws on the events commemorating the seventieth anniversary of the Commission, which took place in New York and Geneva in May and July 2018. At a time when multilateral law-making has become increasingly challenging, the edited volume appraises the role of one the most important driving forces behind the codification of international law and discusses the ILC’s future contribution to the development of international law.Table of ContentsForeword Notes on Contributors Introduction  Secretariat of the International Law Commission PART 1 Drawing a Balance for the Future: the New York Conversation  SECTION 1 The Commission and the Sixth Committee: Structural Challenges  Introductory Remarks by Eduardo Valencia-Ospina, Chair of the International Law Commission at Its Seventieth Session  Presentation by François Alabrune, Director of Legal Affairs of the Ministry of Europe and Foreign Affairs, France  Presentation by Mahmoud D. Hmoud, Member of the International Law Commission  Presentation by Janine Felson, Deputy Permanent Representative of Belize to the United Nations  Presentation by Ernest Petrič, Member of the International Law Commission  SECTION 2 The Commission and the Sixth Committee: Reflections on the Interaction in the Past and the Future  Introductory Remarks by Burhan Gafoor, Chair of the Sixth Committee of the General Assembly at Its Seventy-Second Session  Presentation by Evgeny Zagaynov, Director of the Legal Department of the Ministry of Foreign Affairs, Russian Federation  Presentation by Concepción Escobar Hernández, Member of the International Law Commission  Presentation by Angel Horna, Legal Adviser, Permanent Mission of Peru to the United Nations  Presentation by Hussein A. Hassouna, Member of the International Law Commission PART 2 Drawing a Balance for the Future: the Geneva Symposium  Introductory Remarks by Georg Nolte, Chair of the International Law Commission at Its Sixty-Ninth Session  SECTION 3 The Commission and Its Impact  Opening Remarks by Pedro Comissário Afonso  Alejandro Rodiles, The International Law Commission and Change: Not Tracing but Facing It  Laurence Boisson de Chazournes, The International Law Commission in a Mirror—Forms, Impact and Authority  Concluding Remarks by Pavel Šturma  SECTION 4 The Working Methods of the Commission  Opening Remarks by Aleksandar V. Gajić  Danae Azaria, The Working Methods of the International Law Commission: Adherence to Methodology, Commentaries and Decision-Making  Maurice Kamto, The Working Methods of the International Law Commission  Concluding Remarks by Shinya Murase  SECTION 5 The Function of the Commission: How Much Identifying Existing Law, How Much Proposing New Law?  Opening Remarks by Davinia Aziz  Yifeng Chen, Between Codification and Legislation: a Role for the International Law Commission as an Autonomous Law-Maker  Ineta Ziemele, The Functions of the International Law Commission: Identifying Existing Law or Proposing New Law?  Concluding Remarks by Sean D. Murphy  SECTION 6 The Changing Landscape of International Law  Opening Remarks by Elinor Hammarsjköld  Hajer Gueldich, Challenges of Codification for the International Law Commission in a Changing Landscape of International Law  Keun-Gwan Lee, Recalibrating the Conception of Codification in the Changing Landscape of International Law  Concluding Remarks by Claudio Grossman Guiloff  SECTION 7  The Authority and the Membership of the Commission  Opening Remarks by Djamchid Momtaz  Zuzana Trávníčková, The International Law Commission and the International Law Codification Market  Mónica Pinto, The Authority and the Membership of the Commission in the Future  Concluding Remarks by Dire Tladi PART 3 Celebratory Contributions on the Occasion of the Seventieth Anniversary of the Commission  SECTION 8  Commemorative Speeches Delivered in New York  Statement by Eduardo Valencia-Ospina, Chair of the International Law Commission at Its Seventieth Session (Spanish and English)  Statement by Miroslav Lajčák, President of the General Assembly of the United Nations at Its Seventy-Second Session  Statement by Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel  Statement by Burhan Gafoor, Chair of the Sixth Committee of the General Assembly at Its Seventy-Second Session  Statement by Jürg Lauber, Permanent Representative of Switzerland to the United Nations (French and English)  Statement by Jennifer Newstead, Legal Adviser of the Department of State of the United States of America  Keynote Address by Nico Schrijver, President of the Institut de Droit international and Professor of Public International Law, Leiden University  SECTION 9  Commemorative Speeches Delivered in Geneva  Statement by Eduardo Valencia-Ospina, the Chair of the International Law Commission at Its Seventieth Session (Spanish and English)  Statement by Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel  Statement by Corinne Cicéron Bühler, Director of the Directorate for International Law and Legal Advisor of the Swiss Federal Department of Foreign Affairs (French and English)  Statement by Kate Gilmore, United Nations Deputy High Commissioner for Human Rights  Keynote Address by Abdulqawi A. Yusuf, President of the International Court of Justice

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Book SynopsisReform discourse about the United Nations Security Council gives every reason to believe that flaws in its legal and institutional design prevent the Council from adequately meeting its responsibility to maintain or restore international peace and security - in part by allowing the Council to act in an ad hoc and unprincipled manner. In Towards a more accountable United Nations Security Council, Carolyn Evans argues that enhanced accountability of the Council, and corresponding evolution of practice, are feasible, salutary changes towards the Council better answering its raison d'être. Discussion proceeds by probing the why, to whom, for what, and how, of Council accountability - four corners of concerns central to seeing any actor held accountable.

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Book SynopsisIn Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.Table of ContentsList of Tables and Figures Acknowledgements Introduction  1 Scope  2 Methodology PART 1 Foundations 1 Central Issues of Research  1.1 EU Competition Law – A Paradox within EU Law  1.2 The ECtHR – System Design as a Predictor of Success  1.3 ECtHR as a Self-Regulating Tribunal 2 Supporting Issues  2.1 Systems Theory and Social Sciences  2.2 The New Public Management Movement  2.3 Peoples, Consumers and Citizens  2.4 Accession of the EU to the echr  2.5 The Charter of Fundamental Rights of the EU 3 A Foot in the Past: Existing Literature  3.1 Legal Philosophy  3.2 A Renewed Debate on Human Rights  3.3 A Renewed Imagining of the Trial  3.4 Competition Policy  3.5 Competition Policy and Fundamental Rights PART 2 The Dynamic Evolution of the Right to a Fair Trial  Introduction to Part 2 4 The Right to a Fair Trial  4.1 Formulation and Importance of Article 6(1) echr  4.2 Influence of the Case-law of the ECtHR on Domestic Legislation  4.3 External Influences on the Case-law of the ECtHR 5 Applicability of Article 6(1) ECHR  5.1 Maintaining Pockets of State Sovereignty  5.2 Applicability of Article 6(1) ECHR to “Civil Rights and Obligations”  5.3 Applicability of Article 6(1) ECHR to “Criminal Charges” 6 The Right to a Fair Trial – A Tool for Self-Regulation  6.1 The Process Towards Justiciability  6.2 The Role Played by the Academic Community  6.3 The Zeitgeist  6.4 Cooperation with the ECtHR – Four Possible Models PART 3 Fair Trial and the Independence of the Commission as the Competition Enforcement Agency of the EU  Introduction to Part 3 7 The Debate on Independence at the Crossroads of the Administrative State, Delegation and IRA s  7.1 The Rise of the Administrative State, Delegation and IRA s  7.2 The UNCTAD  7.3 oecd Roundtable on Changes in Institutional Design of Competition Authorities  7.4 International Competition Network  7.5 Independence of European Regulators  7.6 The European Competition Network  7.7 Empowering NCA s – Directive 1/2019  7.8 The Difficult Case for the Independence of the European Commission 8 The Case-law of the ECtHR on the Right to an Independent and Impartial Tribunal  8.1 Established by Law  8.2 Independence  8.3 Impartiality  8.4 The Relevance of the ECtHR’s Case-Law on Independence and Impartiality 9 The Structure of the European Commission as Enforcer of Competition Law  9.1 The European Commission as a Political Institution  9.2 The European Commission as an Autonomous Bureaucracy 10 The Procedure for Enforcement of Article 101 and 102 tfeu  10.1 The Investigation Phase  10.2 Prohibition Procedure  10.3 Commitments Procedure  10.4 Procedure for Rejection of Complaints  10.5 Settlement Procedures 11 The Commission’s Powers of Investigation  11.1 Sanctions  11.2 Leniency  11.3 Sector Inquiries  11.4 Requests for Information  11.5 The Power to Take Statements  11.6 Powers of Inspection 12 Limits on the Commission’s Powers of Investigation  12.1 General Principles of Limitation  12.2 The Rights of the Defence 13 A Risk-Based Framework for Safeguarding the European Commission’s Independence  13.1 Identifying the Risks to Independence in EU Competition Law Proceedings  13.2 Mitigating the Identified Risks PART 4 Fair Trial and Judicial Review of EU Competition Law  Introduction to Part 4 14 Case-law of the ECtHR on the Right to an Effective Judicial Review  14.1 Judicial Review in Administrative Law Disputes  14.2 Judicial Review in Disputes Involving “Criminal Charges”  14.3 Judicial Review in Banking Law Disputes  14.4 Non-Pecuniary Damage for Breach of the Right to Judicial Review 15 Relevance of the ECtHR’s Case-law on the Right to Judicial Review – A Story of Three Models  15.1 Exercise of Administrative Discretion within Polycentric Issues  15.2 Exercise of Administrative Discretion for Monocentric Issues  15.3 Exercise of Administrative Discretion as Policing Power 16 Case-law of EU Courts on the Right to an Effective Judicial Review  16.1 Right to Effective Judicial Protection  16.2 Right to Judicial Review in Competition Law cases – A Matter of Constitutional Design  16.3 Limited Review of Legality – Design by Self-Interpretation  16.4 Unlimited Review of Fines  16.5 Margin of Appreciation of the EU Commission and Unlimited Review of Fines  16.6 The Right to a Fair Legal Process in EU Law 17 Is Judicial Review A Cure for Bigness?  17.1 Adjudication and Economic Evidence  17.2 Adjudication and the Administrative Man  17.3 Adjudication, Bias and Monoculture  17.4 Adjudication and Problems of Organized Complexity Step into the Future: Bigness and Judicial Power Works Cited Index

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Book SynopsisFinancing development requires access to financial resources. The AIIB Yearbook of International Law Volume 4 explores the role of international organizations in the development of local capital markets, their legal status under public international law and selected domestic jurisdictions, as well as innovations in resource mobilization and organizational structures. The volume collects insights from distinguished professionals who shed new light on the question of how international development organizations can raise the funds they need to tackle global challenges like the climate crisis, digitalization, or sustainable development. Only by addressing these challenges will international development organizations be able to fully deliver on their development mandate.Table of ContentsAcknowledgments List of Figures, Graphs and Tables 1 Funding International Development Organizations   Christopher Smith, Xuan Gao, and Thomas Dollmaier Part 1 The Role of International Organizations in the Development of Local Capital Markets 2 Development of Domestic Capital Markets The ebrd Experience   Elena Sulima 3 The Role of Development Finance Institutions in Developing and Deepening Local Capital Markets A Case Study of Masala Bonds and Maharaja Bonds Issued by the International Finance Corporation   Purva Chadha 4 Inspiring Opening-Up, Innovation and Transparency International Organizations in the Development of China’s Debt Capital Market   Yixin (Christine) Chen Part 2 The Legal Status of International Organizations 5 Immunity for Multilateral Development Banks in the United States Assessing Litigation Exposure Following the U.S. Supreme Court’s Decision in Jam v. International Finance Corporation   Christopher P. Moore and Paul C. Kleist 6 Regulation of Offerings by International Financial Institutions under the U.S. Federal Securities Laws   Paul Dudek 7 International Financial Institutions and China The Legal Status of International Financial Institutions and the Asian Infrastructure Investment Bank under the Law of the People’s Republic of China   Minny Siu and James Guan Part 3 Innovations in Resource Mobilization 8 International Financial Institutions Paradigms of Organizational Structures, Funding Structures and Innovative Funding Modalities   Gerd Droesse 9 The Green Climate Fund A Unique Financing Vehicle among International Organizations   Douglas Leys and Rosanna Anderson 10 Developments in the Labelled Bond Concept More than Just Green   Heikki Cantell 11 Smart Infrastructure The New Sustainable Development Paradigm   Arthur M. Mitchell Part 4 Innovations in Structure and Development 12 The Flood of the Private Sector Funding in Development and usaid’s Maneuvers to Ride the Wave   Gayle Girod 13 Multilateral Development Banks as Agents of Private Contract   Ilias Bantekas Appendices 14 2020 aiib Law Lecture The Judicial Role of the International Court of Justice in the Development of International Law   H.E. Judge Xue Hanqin 15 2020 aiib Legal Conference Report   Georgia Papalexiou

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. As tariffs have fallen dramatically over the past decades, behind-the-border measures—such as technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures—have become increasingly important for international trade policy. To facilitate trade, governments sign trade agreements in which they agree to base such measures on international standards. But who actually develops these standards? This book takes a close look at the International Organization for Standardization and the Codex Alimentarius – two prominent standard-setting organizations in the area of TBT and SPS – to investigate how international standardization influences the design of international trade agreements, and vice versa.Table of ContentsAcknowledgements List of Figures List of Tables Abbreviations 1 Introduction 2 Concepts and Debates  2.1 Clarification of Concepts  2.2 Review of Global Governance Debates  2.3 Multilateral Trade Agreements and International Standardization  2.4 International Standardization and Preferential Trade Agreements  2.5 Interim Conclusion 3 International Standardization Organizations  3.1 The Codex Alimentarius  3.2 The International Organization for Standardization  3.3 Interim Conclusion  3.4 Appendices 4 Multilateral Trade Agreements and International Standardization  4.1 Introduction  4.2 Literature and Research Gap  4.3 Hypotheses  4.4 Data and Methodology  4.5 Empirical Analysis  4.6 Interim Conclusion  4.7 Appendices 5 International Standardization and Preferential Trade Agreements  5.1 Introduction  5.2 Literature and Research Gap  5.3 Hypotheses  5.4 Data and Methodology  5.5 Empirical Analysis  5.6 Interim Conclusion  5.7 Appendices 6 Conclusion and Future Research Bibliography Index

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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.

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