Public international law: treaties and other sources Books
Oxford University Press Preparing for War The Making of the 1949 Geneva
Book SynopsisPreparing for War, based upon extensive archival research and critical legal methodologies, explores the often misunderstood history of the 1949 Geneva Conventions, among the most important rules for armed conflict ever formulated.Trade ReviewPreparing for War. The Making of the Geneva Conventions offers us a thick historical contextualization of pressing issues. * Silvia Steininger, Helga Molbæk-Steensig, European Journal of International Law *In sum, van Dijk's reverse-weaving provides us a much more nuanced picture of not only what was included but also of what was excluded from the fabric of the 1949 Conventions. It offers, I suggest, an illustrative template of what contemporary international legal history should look like as it brings together the lessons learned from more than two decades of rich scholarship on the relationship between comparative legal history, on the one hand, and politics, the theory and history of international law, and imperialism, on the other. * DANIEL R. QUIROGA VILLAMARÍN, Doctoral Candidate and Researcher based at the Graduate Institute of International and Development Studies (Geneva, Switzerland)., The New Rambler *The best legal history illuminates outcomes while resisting celebratory or cynical determinism. Dr van Dijk's new history of the Geneva Conventions and humanitarianism in war is a masterpiece of methodological and conceptual sophistication. Through meticulous archival research and critical analysis, van Dijk recovers a multitude of voices and possibilities in the making of the law of war we have, and the ways we might imagine its unrealized potential. * Prof. Naz K. Modirzadeh, Harvard University *In Preparing for War, Boyd van Dijk provides a most welcome update to the history of international humanitarian law. The hallmark of this deeply researched analysis of the 1949 Geneva Conventions is its simultaneous attention to politics and history. In exposing the constant tension between politics and humanitarianism, van Dijk reminds us of the perpetually unfinished nature of the project of humanizing war. * Prof. Tanisha M. Fazal, University of Minnesota *Van Dijk's riveting book is the culmination of a decade of new histories of international law, marking the arrival of professional research methods and independent critical analysis to the study of international law's most hallowed texts: the Geneva Conventions. Van Dijk's account of the drafting of the Conventions reveals them to be the products not merely of humanitarian ideals inspired by the horrors of war, but also of fierce Cold War contests and colonial rivalries. Highly recommended. * Prof. John Fabian Witt, Yale University *Nothing was inevitable in the drafting of the Geneva Conventions, Boyd van Dijk argues in this important and exciting revisionist work. The author's expansive multi-lingual archival research enables him to reconceive this history by tracing the genealogy of the drafting, revealing the Articles' contingency. Drafters had directly experienced the brutality of total war, and this informed their efforts to protect civilians. Women, like French resistance fighter Andrée Jacob, played crucial roles. Cold War politics mattered, but adversaries nevertheless collaborated on matters that served their common interests. This outstanding work will influence the next generation of writing on the Geneva Conventions. * Prof. Mary Dudziak, Emory University *Boyd van Dijk has written a superb political and legal history of the making of the four Geneva Conventions. * Dr. Hugo Slim, University of Oxford *Preparing for War is a fascinating read. Dr Boyd van Dijk takes us to the heart of the negotiations and lets us see into the minds of the key players. * Professor Andrew Clapham, Geneva Graduate Institute *Van Dijk's book is excellent for exposing this dynamic in relation to the geneva conventions and for unearthing some of the politics behind those crucial treaties. Preparing for War is a compelling read. It is powerfully written and offers us the richest and most nuanced account of the negotiations leading to adoption of the Geneva Conventions currently on offer. * Professor Larissa van den Herik, The American Journal of International Law *Preparing for War - The Making of the Geneva Conventions is a book no international humanitarian law scholar should miss. It is a truly interdisciplinary piece of scholarship, which masterfully handles history, political science and international law in telling the story of the drafting and negotiation of the 1949 Geneva Conventions. * Dr Bianca Maganza, Geneva Graduate Institute *Boyd van Dijk's Preparing for War offers a rich historical account of the drafting process of the 1949 Geneva Conventions which goes beyond the usual triumphalist rhetoric and uncovers the behind the scenes strategies, struggles and coincidences. * Professor Eyal Benvenisti, University of Cambridge *Boyd van Dijk has done an invaluable job. He presents in detail the diverse controversies and opposing opinions amongst different states, whether in or outside the Western, Eastern, or 'Third World' blocs, that arose during the discussion and writing of the fourth Convention and rewriting the first, second and third. In doing so he made his book a priceless contribution to the history of humanitarianism, the laws of warfare, the Red Cross, and international relations. * Leo van Bergen, Medicine, Conflict and Survival *Table of Contents1: Introduction 2: The Twisted Road to Geneva 3: Making the Civilian Convention 4: Internationalizing Civil and Colonial Wars 5: Fighters in the Shadow 6: Indiscriminate Warfare: Bombing, Nuclear Weapons, and Starvation 7: Preparing for the Worst 8: Conclusion
£29.99
Cambridge University Press The Antarctic Treaty Regime Law Environment and Resources Studies in Polar Research
Book SynopsisThe Antarctic Treaty regime is a uniquely successful legal system which preserves Antarctica for peaceful purposes and guarantees freedom of scientific research. This volume based on an international conference, examines the legal, political and environmental issues that it raises. After setting the scene of the Antarctic environment, the early chapters discuss the legal issues involved in the Treaty. Later chapters consider protection of the marine environment and the regulation of mineral exploitation. The book concludes with a discussion of Antarctica and its development.Table of ContentsPart I. Antarctica: physical environment and scientific research: 1. Introduction; 2. The Antarctic physical environment D. J. Drewry; 3. Scientific opportunities in the Antarctic R. M. Laws; Part II. The Antarctic Treaty regime: legal issues: 4. Introduction; 5. The Antarctic scene: legal and political facts R. Trolle-Andersen; 6. The Antarctic Treaty system: a viable alternative for the regulation of resource-oriented activities F. Orrego Vicuna; 7. The relevance of Antarctica to the lawyer Hazel Fox; 8. The Antarctic Treaty system: some jurisdictional problems G. D. Triggs; Part III. The Antarctic Treaty regime: protecting the marine environment: 9. Introduction; 10. The Antarctic Treaty system as a resource management mechanism J. A. Gulland; 11. Regulated development and conservation of Antarctic resources M. W. Holdgate; 12. Recent developments in Antarctic conservation W. N. Bonner; 13. Environmental protection and the future of the Antarctic: new approaches and perspectives are necessary J. N. Barnes; Part IV. The Antarctic Treaty regime: minerals regulation: 14. Introduction; 15. Antarctic mineral resources: negotiations for a mineral resources regime A. D. Watts; 16. Mineral resources: commercial prospects for Antarctic minerals F. G. Larminie; 17. Negotiation of a minerals regime G. D. Triggs; Part V. Whither Antarctica? Future policies: 18. Introduction; 19. Current and future problems arising from activities in the Antarctic J. A. Heap; 20. Antarctica: the claims of 'expertise' versus 'interest' Zain-Azraai; 21. Whither Antarctica? Alternative strategies J. R. Rowland; Part VI: 22. Conclusion.
£37.99
Oxford University Press Interpretation in International Law
Book SynopsisInternational lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one''s interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. Trade ReviewThere is much to commend here: the creativity on display, the eclectic range of topics canvassed, the way in which the volume brings together established and emerging scholars from a range of interpretive traditions. This thoughtful collection of essays is a valuable companion for those who face problems of interpretation in international law. * James Crawford, International Court of Justice *Owing to the excellent level of its contributions and original structure, Interpretation in International Law represents a timely and innovative addition to the literature. . . [O]ffering invaluable insight on the nature and implications of interpretive mechanics and strategies, it will undoubtedly assist scholars of international law fascinated with interpretation as well as those interested in more general and systemic issues. * Niccolò Ridi, Kings Law Journal *Interpretation in International Law is an original and thought-provoking edited volume dealing with a challenging issue of international legal theory, an issue that has a bearing on the way international legal interpretation is understood and ultimately conducted. * Odile Ammann, Harvard International Law Journal *This book is a most valuable contribution that will surely be well received and widely quoted. It circles around the metaphor of game playing, which helps to explain many aspects of the interpretative process. Interpretation is a fascinating topic, and I do hope that this well-researched and well-written book prompts further research on interpretation in international law, its theory and its practice. * Christian Djeffal, European Journal of International Law *Interpretation in International Law is explicitly different from much of the existing literature, and because of its perspective the book manages to add something new to that literature ... Its game analogy is an interesting and creative perspective on interpretation in international law ... [T]he different chapters show it can be employed to extract interesting results from practices that have hitherto primarily been analysed from positivist perspectives. * Sondre Torp Helmersen, UCL Journal of Law and Jurisprudence *Table of ContentsPreface by James Crawford Introduction 1: Daniel Peat and Matthew Windsor: Playing the Game of Interpretation: On Meaning and Metaphor in International Law 2: Andrea Bianchi: The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the Candle The Object 3: Iain Scobbie: Rhetoric, Persuasion, and the Object of Interpretation in International Law 4: Duncan B Hollis: The Existential Function of Interpretation in International Law 5: Jean d'Aspremont: The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished The Players 6: Andraz Zidar: Interpretation and the International Legal Profession: Between Duty and Aspiration 7: Michael Waibel: Interpretive Communities in International Law 8: Gleider Hernández: Interpretative Authority and the International Judiciary The Rules 9: Eirik Bjorge: The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties 10: Julian Arato: Accounting for Difference in Treaty Interpreation Over Time 11: Anne-Marie Carstens: Interpreting Transplanted Treaty Rules The Strategies 12: Fuad Zarbiyev: A Genealogy of Textualism in Treaty Interpretation 13: Harlan Grant Cohen: Theorizing Precedent in International Law 14: René Provost: Interpretation in International Law as a Transcultural Project Playing the Game of Game-Playing 15: Jens Olesen: Towards a Politics of Hermeneutics 16: Martin Wählisch: Cognitive Frames of Interpretation in International Law 17: Ingo Venzke: Is Interpretation in International Law a Game? Conclusion 18: Philip Allott: Interpretation- an Exact Art
£36.99
Oxford University Press Identification of Customary International Law
Book SynopsisCustomary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward. This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence involved. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings. Identification of Customary International Law provides an overview of the Commission''s work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.
£137.75
Johns Hopkins University Press Inspectors for Peace A History of the
Book SynopsisTrade ReviewInspectors for Peace is a tour de force about the IAEA's history and evolution and thus a must-read for understanding the strengths and weaknesses of the agency's role in preventing proliferation.—Arms Control TodayTable of ContentsAcknowledgmentsIntroduction: Nuclear Inspectors1. One World or None2. Atoms for Peace3. Cold War Vienna4. Science, Safeguards, and Bureaucracy5. The Nuclear Non-Proliferation Treaty6. Gaps in the System7. North-South Tensions8. Chernobyl9. The Nuclear WatchdogConclusion: The Last Man StandingAbbreviationsGlossaryNotesIndex
£47.50
Bloomsbury Publishing PLC Liability for Transboundary Pollution at the
Book SynopsisThis book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.Trade ReviewLibrarians and lawyers, both novice and experienced, will appreciate this text. It can be considered a must-have for any practice dealing with environmental law and transboundary pollution issues. -- Laura Lemmens * Canadian Law Library Review *This book provides new research ideas and frameworks, manifests the complex and understated links between PrIL and international environmental law, and provides a sound conceptual basis for the dialogue between PubIL and PrIL in transboundary environmental pollution. Lawyers and academics who are exploring international environmental law and PrIL are sure to be interested in this book. -- Yu Chen * Social & Legal Studies *A very good overview, from a Canadian standpoint, of issues pertaining to transboundary pollution in private international law and constitutes a very useful array of comparative-law lessons for other jurisdictions. -- Eduardo Álvarez-Armas * Revue critique de droit international privé *Table of ContentsIntroduction I. Context II. A Study of Private International Law and Global Governance III. Scope of the Book IV. Objectives of the Book V. Structure of the Book PART 1 LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW 1. Liability for Transboundary Pollution in International Environmental Law I. State Responsibility, State Liability and Civil Liability A. Introduction to the Distinction between Responsibility and Liability B. State Responsibility C. State Liability D. Civil Liability II. The Duty to Ensure Prompt and Adequate Compensation A. Prompt and Adequate Compensation in International Law B. Future Development of the Duty to Ensure Prompt and Adequate Compensation III. Conclusion 2. Private International Law as Environmental Regulation I. Previous Work on Private International Law in Environmental Matters II. The Regulatory Function of Private International Law A. Private International Law as Obstacle? B. Private International Law as Regulation? III. Conclusion PART 2 TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW 3. Jurisdiction Over Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Jurisdiction in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Access C. Implementation of Equal Access in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. Jurisdiction Over Transboundary Pollution in Canadian Private International Law A. Asserting Jurisdiction Over Transboundary Pollution B. Declining Jurisdiction Over Transboundary Pollution C. Enforcing Foreign Judgments against Local Polluters III. Conclusion 4. The Law Applicable to Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Choice of Law in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Remedy C. Implementation of Equal Remedy in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. The Law Applicable to Transboundary Pollution in Canadian Private International Law A. Designating the Law Applicable to Transboundary Pollution B. Displacing the Applicable Law C. Extraterritorial Application of Statutory Causes of Action III. Conclusion Conclusion I. Conclusions of the Study II. Creatively Thinking about Liability for Transboundary Pollution
£85.50
Bloomsbury Publishing PLC The Evolution of the EU Treaties
Book SynopsisThis book explores how the EU Treaties evolved, placing them within the context of their time. It illustrates how they reacted to the social, political and economic realities of their age, but also how they addressed future and foreseeable challenges. This helps to fully demonstrate the current constitutional landscape and to suggest how it might develop going forward. The book provides a comprehensive explanation of the development of EU policy from the Treaty of Rome in the 1950s to the Treaty of Lisbon in 2009, which led to a tighter union and ultimately to Brexit. A fascinating insight into the past, present and future of the European Union.
£114.00
The University of Chicago Press Greening the Alliance The Diplomacy of NATOs
Book Synopsis
£30.40
Indiana University Press Beyond Versailles
Book SynopsisBeyond Versailles considers how, in the wake of the Paris Peace Treaties, national and regional leaders sought to remake their states in accordance with international agreements while still responding to local preferences and needs.Trade Review"This is an excellent collected volume, well-conceived and very well written. . . . This is not at all a top-down history of the diffusion of ideas about national self-determination. Rather, it is an examination of the ways in which these ideas were taken up, re-fashioned, and reasserted at many levels to serve local and regional agendas, while at the same time influencing international debates about the meanings and possible implementations of self-determination."—Pieter M. Judson, author of The Habsburg Empire: A New History"This is an insightful investigation of the enduring impact and relevance of ideas and structures given prominence by the negotiations and settlements at the end of the First World War, raising important questions about the intellectual frameworks and mindsets of the inter-war period."—Alan Sharp, author of The Versailles Settlement: Peacemaking After the First World War, 1919-1923"Beyond Versailles powerfully demonstrates the value of doing gritty history and connecting the principles and practices of distant diplomats with their on-the-ground meaning. The essays would deepen and enhance a graduate syllabus about the interwar period, the rise of nation-states, and World War I."—Mary Bridges - Yale University, H NET"The essays in this excellent volume give us a clear demonstration of that principle at work in the world that the Big Four (the United States, France, Great Britain, and Italy) vainly tried to create in Paris in 1919. The book also underscores the need for us to look backward to this age of strategic narcissism if we hope to understand our own."—Michael S. Neiberg - US Army War College, Austrian History Yearbook
£52.70
Indiana University Press Beyond Versailles
Book SynopsisBeyond Versailles considers how, in the wake of the Paris Peace Treaties, national and regional leaders sought to remake their states in accordance with international agreements while still responding to local preferences and needs.Trade Review"This is an excellent collected volume, well-conceived and very well written. . . . This is not at all a top-down history of the diffusion of ideas about national self-determination. Rather, it is an examination of the ways in which these ideas were taken up, re-fashioned, and reasserted at many levels to serve local and regional agendas, while at the same time influencing international debates about the meanings and possible implementations of self-determination."—Pieter M. Judson, author of The Habsburg Empire: A New History"This is an insightful investigation of the enduring impact and relevance of ideas and structures given prominence by the negotiations and settlements at the end of the First World War, raising important questions about the intellectual frameworks and mindsets of the inter-war period."—Alan Sharp, author of The Versailles Settlement: Peacemaking After the First World War, 1919-1923"Beyond Versailles powerfully demonstrates the value of doing gritty history and connecting the principles and practices of distant diplomats with their on-the-ground meaning. The essays would deepen and enhance a graduate syllabus about the interwar period, the rise of nation-states, and World War I."—Mary Bridges - Yale University, H NET"The essays in this excellent volume give us a clear demonstration of that principle at work in the world that the Big Four (the United States, France, Great Britain, and Italy) vainly tried to create in Paris in 1919. The book also underscores the need for us to look backward to this age of strategic narcissism if we hope to understand our own."—Michael S. Neiberg - US Army War College, Austrian History Yearbook
£25.19
Princeton University Press How Statesmen Think The Psychology of
Book SynopsisTrade Review"These essays make an invaluable contribution to understanding 'how statesmen think.' The book is strongly recommended for students and researchers in international relations." * Choice *"Robert Jervis is one of those rare scholars of International Relations whose work is path-breaking and enduring in multiple research areas, ranging from nuclear deterrence to political psychology, from intelligence to complexity theory. . . . That this volume brings together twelve of Jervis's previously published essays on political psychology and international relations is a boon to scholars and practitioners alike."---Balkan Devlen, International AffairsTable of ContentsAcknowledgments ix Introduction 1 I Political Psychology 13 1 Understanding Beliefs 15 2 The Drunkard's Search 40 II Heuristics and Biases 61 3 Representativeness, Foreign Policy Judgments, and Theory-Driven Perceptions 63 4 Prospect Theory: The Political Implications of Loss Aversion 85 III Political Psychology And International Relations Theory 105 5 Signaling and Perception: Projecting Images and Drawing Inferences 107 6 Political Psychology Research and Theory: Bridges and Barriers 125 7 Why Intelligence and Policymakers Clash 148 8 Identity and the Cold War 169 IV Psychology And National Security 189 9 Deterrence and Perception 191 10 Psychology and Crisis Stability 216 11 Domino Beliefs 234 12 Perception, Misperception, and the End of the Cold War 261 Index 281
£25.20
Edward Elgar Publishing Ltd The Law of Treaties
Book SynopsisPresenting up-to-date case law and a freshly updated bibliography, this second edition of The Law of Treaties is a valuable addition to contemporary international law scholarship. It offers much-needed clarity on complicated legal cases and questions while maintaining a highly readable style.Trade ReviewAcclaim for the first edition:‘Robert Kolb’s The Law of Treaties: An Introduction is the best of its kind. Though encyclopaedic and sweeping in its breadth, the book brings out, with the clarity and insistence that characterize all of Kolb’s writings, the underlying principles of state consent on the one hand with pacta sunt servanda and good faith on the other.’ -- Dr Eirik Bjorge, University of Oxford, UK‘With this book, Robert Kolb confirms his position as one of the leading international law scholars. His command of the primary sources and scholarship is unrivalled. In a time when the academic discipline is fragmenting into many specialist sub-disciplines, his scholarship is even more important. Others have characterized Professor Kolb’s The Law of Treaties: An Introduction as the best of its kind. I agree.’ -- Mads Andenas, University of Oslo, Norway and University of London, UKTable of ContentsContents: 1. Introduction: treaties in international relations 2. Concept 3. Conclusion of treaties 4. Reservations 5. Validity 6. Third States 7. Interpretation 8. Implementation 9. Conflict 10. Modification 11. Termination 12. Treaties and customary international law 13. Conclusion Annex: List of Articles Bibliography Index
£115.00
Edward Elgar Publishing Ltd Commentary on the Energy Charter Treaty
Book SynopsisTable of ContentsContents: INTRODUCTION 1 Rafael Leal-Arcas, Alanoud Alkhorayef, Moudhi Al Shehail and Loloah Al Sheikh AN ENERGY CHARTER TREATY FOR THE 21ST CENTURY 4 1. Criticisms of the Energy Charter Treaty 4 Restriction on the governments’ ability to regulate or restrict the use of fossil fuels 5 Environmental concerns 5 Sovereignty concerns 6 Transparency 6 The ECT is outdated 7 2. The modernization process 7 Investment protection 8 Trade 9 Transit 10 Energy efficiency 11 3. Investor-state dispute settlement (ISDS) mechanism 11 CONCLUSION 14 STRUCTURE OF THE BOOK 16 PREAMBLE 17 Antonio Morelli COMMENTARY 18 PART I DEFINITION AND PURPOSE ARTICLE 1 DEFINITIONS 24 Dylan Geraets and Leonie Reins COMMENTARY 26 Introduction 26 A. Part I: Definitions and purpose 27 ARTICLE 2 PURPOSE OF THE TREATY 59 Leonie Reins COMMENTARY 59 A. ‘In accordance with the objectives and principles of the Charter’ 60 B. ‘Complementarities and mutual benefits’ 64 C. ‘Long-term cooperation in the energy field’ 64 D. ‘A legal framework’ 66 E. Modernisation of the ECT PART II COMMERCE ARTICLE 3 INTERNATIONAL MARKETS 70 Lisa M. Richman COMMENTARY 70 A. Introduction 70 B. ‘An open and competitive market’ 71 C. ‘Energy Materials and Products and Energy-Related Equipment’ 72 ARTICLE 4 NON-DEROGATION FROM WTO AGREEMENT 75 Lisa M. Richman COMMENTARY 75 A. Introduction 75 B. The non-derogating provision 77 ARTICLE 5 TRADE-RELATED INVESTMENT MEASURES 82 Lisa M. Richman COMMENTARY 84 A. Introduction 84 B. Trade-related investment measures: basic elements and the WTO approach 85 C. Article 5 on TRIMs, a provision-by-provision analysis 87 D. The Australian Declaration: exceptions and jurisdictional issues 94 ARTICLE 6 COMPETITION 98 Aubin Nzaou-Kongo COMMENTARY 99 A. Introduction 99 B. The obligation of alleviation – Article 6(1) 101 C. Enforcement of competition provisions by the Contracting Parties – Article 6(2) 103 D. Obligation of cooperation between Contracting Parties and between national competition authorities – Article 6(3), (4) and (6) 104 E. Infringement, cooperation and dispute resolution – Article 6(5) and (7) 104 F. Conclusion 105 ARTICLE 7 TRANSIT 106 Cătălin Gabriel Stănescu COMMENTARY 108 ARTICLE 8 TRANSFER OF TECHNOLOGY 123 Aubin Nzaou-Kongo COMMENTARY 123 A. Introduction 123 B. Transfer of technology 125 C. Context of Article 8 126 D. Non-discriminatory access to and transfer of energy technologies 130 E. Removing barriers to technology transfer 136 F. Conclusions 139 ARTICLE 9 ACCESS TO CAPITAL 140 Aubin Nzaou-Kongo COMMENTARY 141 A. Introduction 141 B. Context of ECT Article 9 142 C. Promoting access to capital markets 149 D. Access to funds for trade or foreign investments 153 E. Implementation of economic programs in the energy industry Activity in the Energy Sector 153 F. Surviving prudential regulations: ‘Nothing in this Article shall prevent […]’ clause 154 G. Conclusions 155 PART III INVESTMENT PROMOTION AND PROTECTION ARTICLE 10 PROMOTION, PROTECTION AND TREATMENT OF INVESTMENTS 157 Diego Mej.a-Lemos COMMENTARY 159 A. Part III 162 B. Article 10 181 ARTICLE 11 KEY PERSONNEL 220 Diego Mej.a-Lemos COMMENTARY 220 ARTICLE 12 COMPENSATION FOR LOSSES 224 Diego Mej.a-Lemos COMMENTARY 224 ARTICLE 13 EXPROPRIATION 226 Diego Mej.a-Lemos COMMENTARY 227 ARTICLE 14 TRANSFERS RELATED TO INVESTMENTS 248 Francesco Montanaro and Tanya Shaar COMMENTARY 249 A. Introduction 249 B. The monetary transfer clause in the Energy Charter Treaty in light of the investment treaty practice 251 ARTICLE 15 SUBROGATION 256 Apurva Mudliar and Tanya Shaar COMMENTARY 256 ARTICLE 16 RELATION TO OTHER AGREEMENTS 259 Vishakha Joshi and Francesco Montanaro COMMENTARY 259 A. Introduction 259 B. Clauses governing conflicts with other treaties in the IIAs and in the ECT 261 C. Dispute governing the compatibility of ECT and other IITs with EU law 262 ARTICLE 17 NON-APPLICATION OF PART III IN CERTAIN CIRCUMSTANCES 264 Apurva Mudliar and Vishakha Joshi COMMENTARY 264 A. Introduction 264 B. Title: Non-application of Part III in certain circumstances 265 C. Application of Article 17(1) of the ECT 266 D. Denial of benefits to an investment under Article 17(2) 272 E. Conclusion 272 PART IV MISCELLANEOUS PROVISIONS ARTICLE 18 SOVEREIGNTY OVER ENERGY RESOURCES 274 Contributions by Peter Vajda and Varvara Aleksić, and Tina Hunter COMMENTARY 274 COMMENTARY 276 ARTICLE 19 ENVIRONMENTAL ASPECTS 283 Contributions by Peter Vajda and Varvara Aleksić, and Tina Hunter COMMENTARY 284 COMMENTARY 292 ARTICLE 20 TRANSPARENCY 294 Gloria Alvarez COMMENTARY 294 A. Structure and scope 294 B. Notion of transparency in the ECT 295 C. Transparency in ECT Secretariat Model Agreements 298 ARTICLE 21 TAXATION 299 Gloria Alvarez COMMENTARY 301 A. Introduction, structure and scope 301 B. Bona fide taxation measures according to the ECT 301 C. Structure and the general rule on Article 21 302 D. Exceptions to the General Rule on Article 21 303 E. Article 21 in practice and jurisdictional issues 306 ARTICLE 22 STATE AND PRIVILEGED ENTERPRISES 309 Contributions by Costantino Grasso and Tina Hunter COMMENTARY 309 COMMENTARY 320 ARTICLE 23 OBSERVANCE BY SUB-NATIONAL AUTHORITIES 322 Contributions by Costantino Grasso and Sara Almeshari COMMENTARY 322 COMMENTARY 327 ARTICLE 24 EXCEPTIONS 333 Contributions by Costantino Grasso and Gloria Alvarez COMMENTARY 334 COMMENTARY 340 ARTICLE 25 ECONOMIC INTEGRATION AGREEMENTS 342 Contributions by Costantino Grasso and Gloria Alvarez COMMENTARY 342 COMMENTARY 346 PART V DISPUTE SETTLEMENT ARTICLE 26 SETTLEMENT OF DISPUTES BETWEEN AN INVESTOR AND A CONTRACTING PARTY 349 Fernando Dias Sim.es COMMENTARY 351 A. Article 26(1) 351 B. Article 26(2) 355 C. Article 26(3) 356 D. Article 26(4) 360 E. Article 26(5) 362 F. Article 26(6) 363 G. Article 26(7) 365 H. Article 26(8) 366 ARTICLE 27 SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES 368 Crina Baltag COMMENTARY 369 ARTICLE 28 EXCLUSION OF CERTAIN PROVISIONS OF THE ECT FROM THE SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES 378 Crina Baltag COMMENTARY 378 PART VI TRANSITIONAL PROVISIONS ARTICLE 29 INTERIM PROVISIONS ON TRADE-RELATED MATTERS 381 Max Baumgart COMMENTARY 383 A. Introduction 383 B. Temporal scope of application (para 1) 384 C. Incorporation of the WTO Agreement’s rights and obligations (para 2) 384 D. Full transparency obligation (para 3) 385 E. Best-endeavour commitment (paras 4 and 5) 386 F. Stand still clause (paras 6, 7 and 8) 386 G. Dispute settlement (para 9) 387 ARTICLE 30 DEVELOPMENTS IN INTERNATIONAL TRADING ARRANGEMENTS 388 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 388 ARTICLE 31 ENERGY-RELATED EQUIPMENT 391 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 391 ARTICLE 32 TRANSITIONAL ARRANGEMENTS 393 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 394 A. Review of the transitional arrangements 395 B. The AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16) 396 COMMENTARY ON THE ENERGY CHARTER TREATY PART VII STRUCTURE AND INSTITUTIONS ARTICLE 33 ENERGY CHARTER PROTOCOLS AND DECLARATIONS 400 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 401 A. The PEEREA 401 B. The Transit Protocol 404 ARTICLE 34 ENERGY CHARTER CONFERENCE 410 Cătălin Gabriel Stănescu COMMENTARY 412 A. Members and observers 412 B. Meetings of the Charter Conference 413 C. The powers and functions of the Charter Conference 413 D. Subsidiary bodies 424 E. Conclusions 426 ARTICLE 35 SECRETARIAT 427 Cătălin Gabriel Stănescu COMMENTARY 428 A. The staff of the Secretariat 428 B. The role and functions of the Secretariat 429 C. The appointment of the Secretary General 435 D. The Secretary General’s role in ECT’s Dispute Resolution Mechanisms 436 E. Conclusions 439 ARTICLE 36 VOTING 440 Cătălin Gabriel Stănescu COMMENTARY 441 A. Who can vote 441 B. Exercising the right to vote – voting by correspondence 442 C. Voting rules 443 D. Conclusions 445 ARTICLE 37 FUNDING PRINCIPLES 446 Cătălin Gabriel Stănescu COMMENTARY 446 A. Types of costs 446 B. Determination of financial contributions 447 C. Voluntary contributions 448 D. Conclusions 449 PART VIII FINAL PROVISIONS ARTICLE 38 SIGNATURE 451 Odysseas G. Repousis COMMENTARY 451 A. Introduction 451 B. Scope 451 C. Eligibility and temporal issues 452 D. State practice 452 E. Succession cases 453 ARTICLE 39 RATIFICATION, ACCEPTANCE OR APPROVAL 454 Contributions by Odysseas G. Repousis and Dyuti Pandya COMMENTARY 454 A. Introduction 454 B. State practice 455 COMMENTARY 455 A. Modernisation of the Energy Charter Treaty: Article 39 455 ARTICLE 40 APPLICATION TO TERRITORIES 456 Contributions by Odysseas G. Repousis and Dyuti Pandya COMMENTARY 457 A. Introduction 457 B. Territories for the international relations of which a contracting party is responsible 457 C. Territorial declarations and the ECT ‘Area’ 458 D. Temporal issues 458 E. State practice 459 F. Territorial declarations and provisional application 460 COMMENTARY 469 A. Modernisation of the Energy Charter Treaty: Article 40 469 ARTICLE 41 ACCESSION 471 Contributions by Odysseas G. Repousis and Dyuti Pandya COMMENTARY 471 A. Introduction 471 B. Scope 472 C. State practice 472 COMMENTARY 472 A. Modernisation of the Energy Charter Treaty: Article 41 472 ARTICLE 42 AMENDMENTS 473 Antonio Morelli COMMENTARY 473 ARTICLE 43 ASSOCIATION AGREEMENTS 477 Antonio Morelli COMMENTARY 477 ARTICLE 44 ENTRY INTO FORCE 479 Antonio Morelli COMMENTARY 479 ARTICLE 45 PROVISIONAL APPLICATION 482 Antonio Morelli COMMENTARY 484 ARTICLE 46 RESERVATIONS 487 Antonio Morelli COMMENTARY 487 ARTICLE 47 WITHDRAWAL 489 Antonio Morelli COMMENTARY 489 ARTICLE 48 STATUS OF ANNEXES AND DECISIONS 494 Leonardo Borlini and Marina Petri COMMENTARY 494 A. Purpose and function 494 B. Relevance of the article 495 ARTICLE 49 DEPOSITARY 500 Leonardo Borlini and Marina Petri COMMENTARY 500 A. Purpose and function 500 B. Content of the article 501 ARTICLE 50 AUTHENTIC TEXTS 504 Leonardo Borlini and Marina Petri COMMENTARY 504 A. Purpose and function 504 B. Content and interpretative implications of the article 505 APPENDIX: GAS INFRASTRUCTURE IN EURASIA AND THE ROLE OF THE ENERGY CHARTER 507 Andrey A. Konoplyanik 1. Three Major Components of Transit Risk in the Cross-Border Gas Value Chain (Konoplyanik’s ‘Pyramid of Transit Risks’) 509 2. Soviet/Russian Gas Supplies to Europe: Transit Risks Upstream of Delivery Points 510 3. Soviet/Russian Gas Supplies to Europe: Transit Risks Downstream of Delivery Points 512 4. GATT/WTO vs. Energy Charter (ECT and Draft Transit Protocol) Framework 514 5. Different Purpose of Russia and the EU on Prospective Implementation of Energy Charter Transit Provisions (Why the Balanced Solution on Transit Was Not Reached) 516 6. Energy Charter: A Gradual Shift from an Instrument of Trans-Atlantic Europe Towards a Eurasian Instrument Beyond the EU? 519 7. The Fight Against ‘Energy Poverty’ as the Main Consolidating Vehicle in Eurasia – A Trigger of ECT Re-Emergence in This Region? 522 Index 523
£205.00
Edward Elgar Publishing Ltd The Sources of WTO Law and their Interpretation
Book SynopsisIn this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice.Trade Review‘A tour de force covering in detail with perceptive analysis all of the issues concerning sources of law in WTO dispute settlement. A must-read for those involved in the WTO dispute settlement system – whether WTO members, practitioners or those that follow or write about the system.’ -- William J. Davey, University of Illinois College of Law, USTable of ContentsContents: Introduction to The Sources of WTO Law and their Interpretation 1. What are sources of law and why do they matter? 2. The statutory definition of WTO sources of law 3. The WTO primary law 4. The WTO secondary law 5. Sources and general principles of (WTO) law 6. The interpretative elements of WTO sources of law 7. Practice … and its discontents 8. Noisy judgments, legal uncertainty, and beyond: cut the coat according to the cloth Annex 1: key provisions of the DSU Annex 2: Section 3 of VCLT, Interpretation of Treaties References Index
£24.95
Edward Elgar Treaties in Parliaments and Courts
Book Synopsis
£115.00
Edward Elgar Publishing Ltd International Cooperation under the Human Right to Science
£99.75
Stanford University Press Networked Nonproliferation: Making the NPT
Book SynopsisThe Treaty on Non-Proliferation of Nuclear Weapons (NPT) had many opponents when, in 1995, it came up for extension. The majority of parties opposed extension, and experts expected a limited extension as countries sought alternative means to manage nuclear weapons. But against all predictions, the treaty was extended indefinitely, and without a vote. Networked Nonproliferation offers a social network theory explanation of how the NPT was extended, giving new insight into why international treaties succeed or fail. The United States was the NPT's main proponent, but even a global superpower cannot get its way through coercion or persuasion alone. Michal Onderco draws on unique in-depth interviews and newly declassified documents to analyze the networked power at play. Onderco not only gives the richest account yet of the conference, looking at key actors like South Africa, Egypt, and the EU, but also challenges us to reconsider how we think about American power in international relations. With Networked Nonproliferation, Onderco provides new insight into multilateral diplomacy in general and nuclear nonproliferation in particular, with consequences for understanding a changing global system as the US, the chief advocate of nonproliferation and a central node in the diplomatic networks around it, declines in material power. Trade Review"With Networked Nonproliferation, Michal Onderco has written the best existing study of a crucial event in arms control history: the 1995 indefinite extension of the NPT. He also makes important theoretical contributions identifying sources of success in international treaty management. Scholars and practitioners alike will benefit from his insights."—Scott D. Sagan, Stanford University"Michal Onderco breaks new ground in his masterful analysis of the negotiation of the NPT's indefinite extension, Networked Nonproliferation. Drawing on an impressive array of interviews with actual participants in the negotiation, previously untapped archival information, and the large body of scholarship on the subject, he has produced by far the most detailed account of events leading to the historic 1995 NPT Review and Extension Conference outcome. If, as is often asserted, conference president Jayantha Dhanapala was the magician who produced the unexpected product, Onderco has revealed many of the secrets behind the magic."—William Potter, Middlebury Institute of International Studies at Monterey"With Networked Nonproliferation, Michal Onderco provides a fresh and compelling account of how the NPT was made permanent in 1995. Through engaging writing and rigorous analysis of new evidence, this original study provides important insights into a decision with implications for the contentious politics of the nuclear nonproliferation regime today."—Nina Tannenwald, Brown University"[Networked Nonproliferation] provides many insights into the agency of states such as Egypt and South Africa, insights that might not be gleaned from a cursory view. What emerges is a well-rounded and balanced account most likely to become the authoritative work on the 1995 NPT Review Conference. I have no doubt that this contribution will become a hallmark in the study of nuclear non-proliferation and that scholars, students and practitioners alike will benefit from the book. Finally, Onderco's treatise serves as a timely reminder of what is possible in arms control diplomacy."—Robin E. Möser, South African Journal of International Affairs"Onderco superbly explains how the United States managed to create a winning coalition of states favoring indefinite extension, which was in its own national interest....Highly recommended."—M. E. Carranza, CHOICE"In Networked Nonproliferation, Michal Onderco sheds new light onto the evolution of the regime by offering an original take on the politics behind the 1995 indefinite expansion of the Non-Proliferation Treaty (npt). Through this deeply researched case study, he finds that the United States managed to nudge, cajole, and sometimes arm-twist third parties to pass indefinite extension at a time when so many opposed it, and at a time when stakeholders worldwide and inside the United States itself thought it impossible."—Matias Spektor, European Review of International StudiesTable of ContentsIntroduction 1. Why Indefinite Extension? 2. Networked Power 3. "Friends with Benefits": US-European Cooperation 4. "Babes in the Woods": South Africa and the Extension 5. "This Is What Happens When You Become Greedy": Egypt's Intervention 6. Postextension Politics of the NPT
£50.40
Irwin Law Inc International Law: Doctrine, Practice and Theory
£71.10
University of Calgary Press China's Arctic Ambitions and What They Mean for
Book SynopsisChina's Arctic Ambitions and What They Mean for Canada is an in-depth studies of China's increasing interest in the Arctic. It offers a holistic approach to understanding Chinese motivations and the potential impacts of greater Chinese presence in the circumpolar region, exploring resource development, shipping, scientific research, governance, and security. Drawing on extensive research in Chinese government documentation, business and media reports, and current academic literature, this timely volume eschews the traditional assumption that Chinese actions are unified and monolithic in their approach to Arctic affairs. Instead, it offers a careful analysis of the different, and often competing, interests and priorities of Chinese government and industry. Analyzing Chinese interests and activities from a Canadian perspective, the book provides an unparalleled point of reference to discuss the implications for the Canadian and broader circumpolar North.Trade Review"Although one can fairly wonder whether the authors are a trifle too rosyabout the reconcilability of Canadas and Chinas Arctic agendas, they haveproduced a solidly researched and thought-provoking volume". John McCannon, Pacific Affairs, Vol 91 No 4Lackenbauer et al. effectively counter the most overheated rhetoric about China's Arctic interests...a solidly researched and through-provoking volume. - John McCannon, Pacific AffairsThis book captures the multifaceted nature of the Arctic as scientific and security frontier and recognizes the complex dilemmas this region faces with sovereignty, security, and stewardship. -- Ellen A. Ahlness, American Review of Canadian StudiesTable of Contents illustrations Abbreviations Acknowledgements Introduction 1. Situating the Arctic in China's Strategy 2. The Snow Dragon: China, Polar Science, and the Environment 3. Sovereignty and Shipping 4. Arctic Resources and China's Rising Demand 5. China and Arctic Governance: Uncertainty and Potential Friction 6. The Way Ahead Notes Bibliography Index Biographies
£26.96
Edward Elgar Publishing Ltd The Elgar Companion to the International Court of
Book SynopsisThe first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court.The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavor to the institution through the portraits of some of the great figures that have served as its judges.Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations.Contents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court - Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) IndexTrade Review‘It is a must for law and academic libraries supporting international law programs and will prove useful to students, academics and practitioners of public international law.’ -- David Ettinger, Reference ReviewsTable of ContentsContents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court – Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) Index
£187.00
Edward Elgar Publishing Ltd The Elgar Companion to the International Criminal
Book SynopsisThe Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.Surveying and analyzing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans.An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda.Contributors include: P. Akhavan, K. Ambos, S. Bock, C. Buisman, N.A. Combs, A.-M. de Brouwer, M.A. Drumbl, H. Hintjens, B. Holá, H.B. Jallow, U. Kaitesi, G.W. Mugwanya, R. Muzigo-Morrison, F.M. Ndahinda, F.-X. Nsanzuwera, A. Odora-Obote, V. Oosterveld, C. Paulussen, N Pillay, A. SmeulersTable of ContentsContents: Foreword by Navanethem Pillay Introduction Anne-Marie de Brouwer and Alette Smeulers PART I ESTABLISHMENT AND KEY FACTS AND FIGURES 1. The Creation of the ICTR Helen Hintjens 2. Rwanda and the ICTR: Facts and Figures Barbora Holá and Alette Smeulers PART II SUBSTANTIVE LAW 3. Genocide Payam Akhavan 4. Crimes Against Humanity Valerie Oosterveld 5. War Crimes Felix Mukwiza Ndahinda 6. Sexual Violence Anne-Marie de Brouwer and Usta Kaitesi 7. Individual Criminal Responsibility Kai Ambos and Stefanie Bock PART III PROCEDURAL LAW 8. Investigations and Case Selection Alex Odora-Obote 9. Arrest and Transfer Christophe Paulussen 10. Trial and Appeal Processes George William Mugwanya 11. The Evidentiary System Nancy Amoury Combs 12. The Rights of the Defence Caroline Buisman 13. The Rights of the Victims Rosette Muzigo-Morrison 14. Sentencing and Penalties Mark A. Drumbl PART IV ACHIEVEMENTS AND LESSONS LEARNED 15. The ICTR’s Elaboration of the Core International Crimes of Genocide, Crimes against Humanity and War Crimes and Modes of Liability Justice Hassan Bubacar Jallow 16. Contribution of the ICTR for Rwandans Francois-Xavier Nsanzuwera Index
£189.00
Edward Elgar Publishing Ltd The Elgar Companion to the Extraordinary Chambers
Book SynopsisThis Companion is a one-stop reference resource on the Phnom Penh based ?Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court?s practical and jurisprudential challenges and outcomes. Established by an agreement between the United Nations and the Government of Cambodia, the court has been operational since 2006, and seeks a mandate to try those most responsible for serious crimes committed during the Khmer Rouge period from 1975 to 1979. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal?s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around a series of themes including legality, structure, proceedings, jurisprudence, legitimacy and legacy. This original book will prove a valuable and stimulating read for lawyers, judges and UN staff working within, establishing, or monitoring international courts and tribunals as well as local and international NGOs in Cambodia concerned with the ECCC. Academics focusing on international criminal justice will also find this useful to assess the value of the Extraordinary Chambers, both during the tribunal?s lifespan and after it has closed its doors.Trade Review'This is an important book, about a court which faced immense challenges and a bad press, but has nonetheless contributed both to criminal jurisprudence and to rebuilding confidence in the rule of law in Cambodia. It is astute and authoritative - Jorgensen's analysis comes with the knowledge of an insider and the objectivity of a brilliant jurist. The book is essential reading for architects of tribunals to deal with atrocities elsewhere in the world, and for all students of the struggle for global justice in the twenty-first century.' --Geoffrey Robertson, author of Crimes Against HumanityTable of ContentsContents: 1. Introduction 2. Legality 3. Structure 4. Procedure 5. Cases 6. Proceedings 7. Crimes 8. Liability 9. Sentencing 10. Victims 11. Legitimacy 12. Legacy Index
£189.00
Edward Elgar Publishing Ltd Local Engagement with International Economic Law
Book SynopsisInternational economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law.Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. VadiTrade Review'This is a timely volume on the long-standing debate on the relationship between trade and human rights. The chapters are contributed by some of the leading scholars in the field and cover both theoretical and practical aspects of the relationship. It not only highlights the tensions and conflicts between the two, but also explores ways on how the potentials of trade may be harnessed to serve the needs of human rights protection at the local level. Therefore, it will not only inspire researchers on these issues, but also provide invaluable practical lessons to policy makers and activists.' --Henry Gao, Singapore Management University'Today's world is beset, once again, with surges of nationalism and libertarianism that challenge the enforcement of human rights and international trade law. This much-needed collection of essays by leading scholars explores the policy space in national legal systems for effectively coordinating the sometimes disparate requirements of the two regimes of international law. Building on proposed theoretical frameworks for effective local engagement with these requirements, several highly instructive case studies from North America, Europe and Asia illuminate institutional and cultural predispositions within the acceptable margins of appreciation for enforcement.' --James Nafziger, Willamette University College of Law, US'This is a timely and valuable contribution to the current discourse on trade globalization development. In a very refreshing way the book explores both theoretical and practical dimensions and challenges facing the inter-relationship between trade law and human rights standards in the local context to interpret and implement international norms. Its interdisciplinary approach and the original analyses make the book very readable and stimulating. The excellent scholarship on comprehensive socio-legal conceptualization deserves a special recognition.' --Xianchu Zhang, The University of Hong KongTable of ContentsContents: Introduction Ljiljana Biukovic and Pitman Potter Part I: Re-imagining local engagement with international law 1. International Trade, Human Rights and Policy Space Thomas Cottier 2. Cosmopolitan Constitutionalism: Linking Local Engagement with International Economic Law and Human Rights Ernst-Ulrich Petersmann Part II: Structural Aspects of Trade and Investment 3. Transparency Evolution: More than the Right to Know Ljiljana Biukovic 4. Challenging an Investment Agreement in Canada: Hupacasath First Nation’s Application for Judicial Review against the CCFIPPA Naayeli E. Ramirez-Espinosa 5. The Impact of Mexico’s 2011 Human Rights Constitutional Amendment on Arbitral Practice: A View from Local Actors Erika Cedillo Part III: The Impact of Communities and Local Culture 6. Demarcating the International Community: Where do International Practices Come from? Mor Mitrani 7. Local Communities, Cultural Heritage and International Economic Law Valentina Vadi 8. Identity Matters: The Enforcement of Global Human Rights Treaties by European Union's Trade Instruments Moshe Hirsch 9. Observing the Small Gestures: Human Rights Vectors in the Vietnamese Trade Law Environment Lisa Toohey Part IV: Dilemmas of Local Performance: The Case of China 10. Coordinating Human Rights and Trade Policy in China: The Case of Environmental Protection Pitman B. Potter 11. Structuring China’s Engagement with International Human Rights: The Case of Wage Protection Law and Practice Sarah Biddulph Index S. Biddulph
£111.00
Edward Elgar Publishing Ltd Regulatory Autonomy in International Economic
Book SynopsisRegulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia's trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor-State dispute settlement. Through a critical exploration of evolving patterns of treaty practice, the authors address the complex relationship between international economic law and a State's regulatory autonomy in the key areas of intellectual property, services, and investment. This insightful investigation highlights problems of inconsistency across treaties, limited transparency and consultation in the negotiation of treaties, and increasing restrictions on policy space in intellectual property protection. These factors are all crucial in preserving a country's ability to pursue policy objectives such as protecting public health and the environment while capturing the benefits of international trade and foreign investment. This discerning book will prove instrumental to scholars and practitioners in the fields of international trade law, international investment law, public international law, and intellectual property. It will also appeal to government agencies and international organisations working in these areas or in matters of public health or the environment.Trade Review'This extremely well-crafted and thoroughly researched monograph tells two stories for our time. The universal story is about the ways in which international economic law has become the main arena of global governance in fields of public concern beyond war and peace - prosperity, equality, health, the environment and more. The second, more particular but no less inspiring, is the story of Australia as a Liberal-Democracy caught in the rip-tides of globalization. Highly recommended and accessible reading.' --Tomer Broude, Hebrew University of Jerusalem, Israel'With Regulatory Autonomy in International Economic Law, the authors have made an important contribution to understanding the dichotomy between fostering closer relations among nations through concluding trade and investment liberalizing agreements, and at the same time seeking to preserve the governments' right to regulate in the public interest in such areas as protecting the environment and worker rights. While the analysis focuses on Australia, the same potential conflicts are present in the United Kingdom as Brexit begins, and in the United States under the Trump Administration. Thus, the study is equally relevant to understanding and resolving the tensions that have developed in those nations.' --David A. Gantz, The University of Arizona, USTable of ContentsContents: 1. Regulatory Autonomy and the Evolution of Australia’s Participation in PTAs and BITs 2. Intellectual Property: Increasing Protections under US Influence 3. Trade in Services: Lumbering Towards More Open Markets 4. Investment: Haphazard Responses to Expansive Obligations 5. Investor–State Dispute Settlement: Uncertainty, Inconsistency and Scope for Reform 6. Environmental Protection: Moderate Safeguards and Novel Opportunities 7. Balancing the Benefits of Liberalisation with Policy Space Bibliography Index
£109.00
Edward Elgar Publishing Ltd Research Handbook on the Law of Treaties
Book SynopsisThe Research Handbook on the Law of Treaties provides an authoritative treatment of fundamental issues in international treaty law. Identifying key challenges facing the modern law of treaties, the Handbook addresses the current regime and comments on potential directions of the law.Rather than an article-by-article commentary on provisions applicable to treaties, the Handbook offers an innovative study of their spatial, personal and temporal dimensions and of the tensions that arise due to the need for both flexibility and certainty in treaty relations. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work could yield significant results.This pioneering Handbook will prove an invaluable resource for researchers and advanced students, as well as providing unique insights for practitioners of international law.Contributors: E. Cannizzaro, J. d'Aspremont, K. del Mar, J. Devaney, J. Finke, M. Fitzmaurice, M. Karavias, M. Kotzur, S-I. Lekkas, V. Lowe QC, P.Merkouris, M. Milanovic, A. Nollkaemper, M. Paparinskis, I. Plakokefalos, A. Proelss, S. Ranganathan, A. Rasulov, Y. Ronen, C. J. Tams, A. Tzanakopoulos, M. Waibel, P. Webb, A. ZimmermannTrade Review‘For researchers, scholars and international lawyers seeking additional breadth and depth of understanding within this often bewildering and complex subject, this recent title from Edward Elgar Publishing is a real find. . . With its original, thought provoking and densely argued commentaries, this book makes an important contribution to the literature of international law and should be of particular interest to academics, researchers and international lawyers, especially those seeking new perspectives on the matter of treaties and EU law.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents Introduction Christian J Tams, Antonios Tzanakopoulos and Andreas Zimmermann PART I: PRINCIPLES 1. The Law of Treaties; or, Should this Book Exist? Vaughan Lowe 2. The Law of Treaties through the Interplay of its Different Sources Enzo Cannizzaro 3. Regulating Treaties: A Comparative Perspective Martins Paparinskis 4. Theorizing Treaties: The Consequences of the Contractual Analogy Akbar Rasulov 5. The Effects of Treaties in Domestic Law André Nollkaemper PART II: DIMENSIONS 6. The Temporal Dimension: Non-retroactivity and Its Discontents Markus Kotzur 7. The Spatial Dimension: Treaties and Territory Marko Milanović 8. The Personal Dimension: Challenges to the pacta tertiis Rule Alexander Proelss PART III: TENSIONS 9. Formalism versus Flexibility in the Law of Treaties Jean d’Aspremont 10. Integrity versus Flexibility in the Application of Treaties Katherine del Mar 11. Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties Sotirios-Ioannis Lekkas and Antonios Tzanakopoulos 12. Uniformity versus Specialisation (1): The Quest for a Uniform Law of Inter-State Treaties Malgosia Fitzmaurice and Panos Merkouris 13. Uniformity versus Specialisation (2): A Uniform Regime of Treaty Interpretation? Michael Waibel PART IV: INTERACTIONS AND RUPTURES 14. Regime-collisions: Tensions Between Treaties (and How to Solve Them) Jasper Finke 15. Responding to Deliberately-created Treaty Conflicts Surabhi Ranganathan 16. Treaty Breaches and Responses Christian J Tams 17. Succession to Treaties and the Inherent Limits of International Law Andreas Zimmermann and James G. Devaney 18. Treaties and Armed Conflict Yaël Ronen PART V: EXPANSIONS 19. Treaties and International Organisations: Uneasy Analogies Philippa Webb 20. Treaty Law and Multinational Enterprises: More than Internationalized Contracts? Markos Karavias 21. Treaties and Individuals: Of Beneficiaries, Duty-bearers, Users, and Participants Ilias Plakokefalos Index
£52.20
Edward Elgar Publishing Ltd The Elgar Companion to the International Court of
Book SynopsisThe first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court.The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavor to the institution through the portraits of some of the great figures that have served as its judges.Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations.Contents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court - Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) IndexTrade Review‘It is a must for law and academic libraries supporting international law programs and will prove useful to students, academics and practitioners of public international law.’ -- David Ettinger, Reference ReviewsTable of ContentsContents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court – Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) Index
£40.80
Edward Elgar Publishing Ltd The Paradigm of State Consent in the Law of
Book SynopsisThis insightful book offers a comprehensive account of the conceptual challenges facing state consent in the framework of treaty making. It highlights the relevant discursive patterns and pinpoints the increasing antagonism between treaty bodies and state parties over the ownership of treaty evolution, with the author warning of the repercussions of treaty institutionalization. Showcasing the broad and encompassing nature of treaties, the author highlights the surrounding conflicts through chapters on the theory and concept of treaty and case studies on the flexibility of consent to be bound means, treaty withdrawal, the automatic succession doctrine and the law of reservations. The last part of the book explores how the invocation of the collective interest ideal, the institutionalization of treaties and the recurrence of formalism can endanger the legitimacy and effectiveness of treaty regimes. This book offers an original perspective on the role of state consent in the law of treaties and will be of great interest to academics, researchers and practitioners of international law seeking further knowledge about this complex topic.Trade Review'This is a study of the law of treaties as it is molded by the forces of communitarianism and contractualism. It identifies patterns where the tension is most evident and examines vexed issues in the law of treaties such as succession and reservations. The legal analysis is rich, insightful and articulate. Dr Pergantis' excellent study will help scholars and practitioners alike to better understand the practical and conceptual dimensions of the law of treaties and will stimulate further debate.' --Nicholas Tsagourias, University of Sheffield, UK'State consent remains an enigmatic concept. However, Dr Pergantis' monograph offers an original take on this topic in the context of the law of treaties, and in doing so brings a new clarity. Notably, he highlights the politics of the ongoing battle of influence between states and treaty organs within treaty regimes. Tackling a vast amount of material, the book combines a solid theoretical analysis with illuminating jurisprudential applications, and thereby presents an impressive synthesis on the phenomenon of consent. This is a must-read for international lawyers, both academics and practitioners, and it also represents an important theoretical contribution to the sources doctrine.' --Laurence Boisson de Chazournes, University of Geneva, SwitzerlandTable of ContentsContents: Preface Introduction Part I Theoretical Framework and Definitional Inquiries on the Paradigm of State Consent in the Law of Treaties 1. Theoretical Background 2. Reconstructing the Treaty Concept Part II Case Studies on Challenges to the Paradigm of State Consent in the Law of Treaties 3. The Limits of Informality in the Expression of Consent to be Bound 4. State Consent in Treaty Withdrawal Cases 5. Succession to Public Order Treaties 6. State Consent and Reservations to Human Rights Treaties Index
£121.00
Edward Elgar Publishing Ltd Investment Treaty Arbitration: Problems and
Book SynopsisInvestment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyze all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hobér, using a teaching structure proven to be successful. Key features include: ? extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases? exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master?'s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.Table of ContentsContents: Preface 1. Introduction 2. Investment Treaty Arbitration – An Overview Part I International Arbitration 3. The Arbitration Agreement 4. The Arbitrators 5. Applicable Law 6. The Procedure before the Arbitrators 7. The Arbitral Award 8. Recognition and Enforcement of the Arbitral Award Part II International Investment Law 9. Treaty Interpretation 10. Investor 11. Investment 12. State Responsibility and Attribution 13. Umbrella 14. Expropriation 15. Fair and Equitable Treatment 16. International Investment Law and Taxation 17. International Investment Law and the Environment 18. Emergency and Necessity 19. International Investment Law and EU Law 20. Compensation Part III International Investment Arbitration 21. Jurisdiction 22. Applicable Law 23. Remedies 24. Challenges and Annulments 25. Enforcement of Investment Arbitral Awards 26. Sovereign Immunity 27. Investment Arbitration Awards as Precedent 28. Transparency 29. The Future of Investment Arbitration Index
£175.00
Edward Elgar Publishing Ltd Investment Treaty Arbitration: Problems and
Book SynopsisInvestment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyze all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hobér, using a teaching structure proven to be successful. Key features include: ? extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases? exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master?'s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.Table of ContentsContents: Preface 1. Introduction 2. Investment Treaty Arbitration – An Overview Part I International Arbitration 3. The Arbitration Agreement 4. The Arbitrators 5. Applicable Law 6. The Procedure before the Arbitrators 7. The Arbitral Award 8. Recognition and Enforcement of the Arbitral Award Part II International Investment Law 9. Treaty Interpretation 10. Investor 11. Investment 12. State Responsibility and Attribution 13. Umbrella 14. Expropriation 15. Fair and Equitable Treatment 16. International Investment Law and Taxation 17. International Investment Law and the Environment 18. Emergency and Necessity 19. International Investment Law and EU Law 20. Compensation Part III International Investment Arbitration 21. Jurisdiction 22. Applicable Law 23. Remedies 24. Challenges and Annulments 25. Enforcement of Investment Arbitral Awards 26. Sovereign Immunity 27. Investment Arbitration Awards as Precedent 28. Transparency 29. The Future of Investment Arbitration Index
£52.20
Edward Elgar Publishing Ltd The South China Sea Arbitration: The Legal
Book SynopsisBringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C SymmonsTrade Review'This book is one of the most thoughtful contributions to the discussion on the arbitral awards in the South China Sea case. Addressing a case charged with political implications, it examines, with a scholarly approach, some of the most important and controversial issues raised in the Awards. Particular attention is given to the key issue of the meaning of ''rocks'' under article 121 of the UN Convention on the Law of the Sea. More technical legal aspects, often left out in studies on the subject, such as the procedural ones, are also addressed. The authors are well known specialists on the law of the sea working under the wise coordination of some of the top specialists in Singapore's research institutions.' --Tullio Treves, Universita degli Studi di Milano, Italy'The depth and breadth this book brings to the legal issues surrounding the South China Sea Arbitration are unmatched. The contributors explain the various aspects of the disputes (particularly those relating to the status and entitlement of the Spratly Islands' features), analyse the implications for the cooperation in the South China Sea, and the legal ramifications for the order of the oceans established under UNCLOS. This book is thus an essential reading for everyone interested in the current state of art in a field that addresses one of the key legal development with regard to the South China Sea.' --Julien Chaisse, The Chinese University of Hong Kong and Advisory Board Member, Asian Academy of International LawTable of ContentsContents: 1. The South China Sea Arbitration: Laying the Groundwork S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan Part I Jurisdiction and Procedure 2. Jurisdictional Issues in the South China Sea Arbitration Robert Beckman 3. Jurisdiction in the South China Sea Arbitration: Application of the Monetary Gold Principle Stuart Kaye 4. Procedural Issues Arising from China’s Non-Participation in the South China Sea Arbitration Tara Davenport Part II Maritime Entitlements 5. Historic Rights in the Light of the Award in the South China Sea Arbitration: What Remains of the Doctrine Now? Clive R Symmons 6. Determining High-tide Features (or Islands) in the South China Sea under Article 121(1): A Legal and Oceanography Perspective Youna Lyons, Luu Quang Hung and Pavel Tkalich 7. The Arbitral Tribunal’s Interpretation of Paragraph 3 in Article 121: A First But Important Step Forward Erik Franckx 8. UNCLOS Article 121 and Itu Aba in the South China Sea Final Award: A Correct Interpretation? Myron H Nordquist 9. Artificial Islands in the South China Sea: The Legal Regime and Implications of the Award J Ashley Roach Part III Marine Environment 10. The South China Sea Arbitral Award, Part XII of UNCLOS, and the Protection and Preservation of the Marine Environment Nilüfer Oral 11. Rocks Versus Islands: Implications for Protection of the Marine Environment J Ashley Roach Part IV Conclusion 12. Conclusion S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan Index
£111.00
Edward Elgar Publishing Ltd China-European Union Investment Relationships:
Book SynopsisThe subject of investment relationships between the European Union and China is an increasingly vital topic to understand, yet academic literature has until now been underexplored. Bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, which will prove to be vital in the field of international economic law.Divided into three parts, this book deals with the key issues of the EU-China investment partnership and its implications, both internally and internationally. Each chapter in China-European Union Investment Relationships covers a core theme of the subject of international economic law, including competition law, financial regulation, economic integration and dispute resolution.Covering the key topics in the area, and drawing diverse perspectives into a single collection, this book is an important resource for scholars and practitioners in legal and policy fields, and will be invaluable for students of trade and investment law to understand in more detail human rights and environmental law and policy.Contributors include: J. Baumgartner, J. Chaisse, N.B. Duong, D. Freeman, M. Hodgson, J. Hu, J. Jemielniak, C.-C. Kao, P. Kerneis, D.J. Lewis, F. Lupo-Pasini, E. Neframi, F.D. Simões, V.V. Thien, C. Titi, C.-H. WuTrade Review'This is a first-rate book on how to comprehend and approach China-EU investment relationships. Professor Julien Chaisse and the contributors, through political economics, international relations and international law perspectives, offer thought-provoking insights of the history, present and future of these relationships. The book presents comprehensive and convincing arguments on a number of important aspects of these relationships, including the negotiation of an investment treaty and the reform of the investor-state dispute settlement mechanism. It is an indispensable reference for national and international policymakers, legal practitioners and scholars in the field of international investment and trade law.' --Manjiao Chi, University of International Business and Economics, China'Unlike the multilateral trade system sponsored by the WTO, the international investment regime is governed either by bilateral agreements or simply by domestic law. China and the EU are the two most important investors and host country (area) for each other. The rapid increase of FDI needs a comprehensive agreement to navigate it in a consistent and predictable way. The current book China-European Union Investment Relationships anticipates the forthcoming negotiations and examines the legal positions from which both parties will begin their negotiations. In so doing, this book provides stakeholders, such as policymakers, academics and the general public, with a roadmap to the issues raised in the forthcoming negotiations.' --Jiaxiang Hu, Koguan, Shanghai Jiao Tong University, ChinaTable of ContentsContents: 1. Toward A Comprehensive EU-China Investment Agreement Julien Chaisse Part I Drivers and Issues of China-EU Investment Relationships 2. Negotiating an Uncertain World: Economic and Political Dimensions of the Comprehensive Agreement on Investment Duncan Freeman 3. The Competence to Conclude the EU’s New Generation of Free Trade Agreements: Lessons From Opinion 2/15 Eleftheria Neframi 4. EU-China Economic Relations: Interactions and Barriers Pascal Kerneis 5. The Potential Role of Sustainability Impact Assessment in the EU-China BIT Negotiations Fernando Dias Simões Part II China-EU: Towards Innovation in Rule-Making? 6. FTZS, Catnthey Initiative A New Round Of Reforms In China? Jiaxiang Hu 7. Refining the Expropriation Clause: What Role for Proportionality? Catharine Titi 8. Investor nationality and the definition of investment: Policy options to limit the practice of “treaty shopping” Jorun Baumgartner 9. Emerging Regulatory Issues for Financial Services in the New Generation of FTAs Federico Lupo-Pasini 10. OBOR in the Context of China-EU FDI and China’s Evolving Economic Diplomacy Donald J. Lewis 11. Investment Related Provision of EVFTA: Implications for Vietnam’s Policy Reforms Nguyen Binh Duong 12. Toward An EU-Taiwan Bilateral Investment Treaty: A Roadmap Chien-Huei Wu Part III From Investor-State Arbitration to a Permanent Investment Court? 13. How Much of a Court? The EU Investment Court System as a Hybrid Mechanism Joanna Jemielniak 14. The Inclusion of Investment Court System into the EU-China CAI: Innovations, Prospects and Problems Chi-Chung Kao 15. The Appellate Option: Promises and Pitfalls Matthew Hodgson and Vee Vian Thien Index
£111.00
Edward Elgar Publishing Ltd Principles of International Trade and Investment
Book SynopsisThis carefully crafted book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.Contributing to a growing and important body of scholarship, Principles of International Trade and Investment Law provides critical analysis of important topics in international economic law, including cross-border data transfers and prudential regulation. By identifying commonalities and divergences in how the two regimes treat key legal concepts, such as necessity testing and non-discrimination, the book provides insight into international trade and investment law while also furthering our understanding of the broader fields of international economic law and public international law.Examining how these key principles are interpreted and used in international economic law, this book will be welcomed by academics and practitioners interested in international investment and trade law as well as researchers in the international public law field.Trade Review'Principles of International Trade and Investment Law is an impressive tour de force combining in-depth theoretical analysis and crucial information for practitioners, students and teachers alike. The study of the selected principles (procedural fairness, reasonableness, necessity and non-discrimination) offers rich opportunities for intellectual cross-fertilization between the fields of international trade and investment law.' -- Maxi Scherer, Professor of Law, Queen Mary University of London and WilmerHale, London, UK'In this thorough and illuminating study Andrew D. Mitchell and Elizabeth Sheargold explore the role that principles play in international trade and investment law. They show us how the principles of due process and reasonableness have a central place in international economic law, and the treaty rules on non-discrimination and necessity are underpinned by broader principles of non-discrimination and necessity. This is a rich and insightful analysis of the little-explored interaction of rules and principles in international trade and investment law.' -- Donald McRae, University of Ottawa, Canada'While many textbooks exist on cross-fertilisation between international trade law and international investment law, here the authors present a comparative analysis of key principles on an unprecedented scale. This book focuses on two increasingly important sectors of government regulation: management of cross-border data transfers and the protection of financial systems. This work provides an essential contribution to address contemporary trade and investment challenges and a most valuable tool for academics, practitioners and officials.' -- Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTOTable of ContentsContents: 1. Introduction: Principles as a framework for comparative analysis in international economic law PART I ANALYSIS OF SELECTED PRINCIPLES 2. Procedural fairness 3. Reasonableness 4. Necessity testing 5. Non-discrimination PART II APPLICATIONS OF PRINCIPLES IN SPECIFIC SECTORS 6. Restrictions on cross-border data transfers 7. Prudential regulation 8. Conclusions: Principles as a source of flexibility and cohesiveness in international economic law Bibliography Index
£99.00
Edward Elgar Publishing Ltd Forming Transnational Dispute Settlement Norms:
Book SynopsisThis thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.Shahla F. Ali analyses survey data, in-depth case studies and UNCITRAL participation records to provide a comprehensive view of the contributions of Asia Pacific states in the development and refinement of UNCITRAL dispute settlement instruments. She argues that this has corresponded with the emergence of a new form of decentralized transnational legal ordering, advancing representation and legal innovation at both regional and global levels. The book concludes that these findings support the expansion of regional centres in areas with historically limited representation in global law making.Students, scholars and practitioners of transnational dispute resolution and comparative law will find this book to be critical reading. Its identification of best practices and law and policy recommendations will also be of interest to those working in global legislative design and policy.Trade Review'Shahla Ali provides a richly detailed case study that illuminates how soft law is actually created and becomes effective. In doing so, she also shows how transnational dispute resolution norms are developed and how they become a form of legal regulation even in the absence of coercive enforcement power. Thus, this book is a must for scholars of global legal pluralism, practitioners of transnational dispute resolution, and all those interested in understanding in granular detail how international law is created and develops power over time.' -- Paul Schiff Berman, The George Washington University, US'Shahla Ali's excellent new book on the role of UNCITRAL's Regional Centre for Asia and the Pacific in soft law-making shows the importance of rigorous, in-depth empirical analysis to test and support theoretical arguments calling for direct citizen participation to confirm the legitimacy of global norms.' -- Steven Wheatley, Lancaster University Law School, UK'International commercial arbitration has long been subject to criticism for unequal access to and participation in shaping the rules and practices of this transnational legal order. Professor Ali's book breaks new ground on this key issue for the legitimacy of commercial arbitration by persuasively documenting a success story in broadening and deepening Asian state participation. The book shows that the success of UNCITRAL's International Trade Law Regional Centre for Asia and the Pacific may provide a model for other regions.' -- Bryant Garth, UCI Law, US and author of Dealing in Virtue'This book leverages original data and novel methods to show convincingly how a regional soft lawmaking institution can overcome deliberative deficits, asymmetries in lawmaking influence, and failures to appropriate national and local creativity in global trade lawmaking. By imaginatively ''mapping the middle,'' Shahla Ali persuasively demonstrates the integral ways that a regional body can consolidate responsive transnational legal orders (TLOs) by harnessing state and non-state innovation and adaptations to diverse economic and legal contexts. In so doing Ali discovers new variants of TLOs and opens up exciting frontiers for research and theory.' -- Terence Halliday, American Bar Foundation, and co-author of Global Lawmakers: International Organizations in the Crafting of World Markets'This study of the growing role of Asia-Pacific countries in the governance of international dispute resolution combines sophisticated treatments of the relevant legal instruments and theoretical literature with rigorous empirical analyses. It is impossible to ignore this evidence of decentralized transnational legal ordering and how it might be fostered by regional institutions.' -- Kevin E. Davis, NYU School of Law, US'It is rare to have 5 years of our work performance scrutinized academically, and peer-reviewed. I cannot escape a sense of relief after reading this remarkable work by Professor Shahla Ali. Her work shows the importance of having more Regional Offices, not only of UNCITRAL, but, I dare to say, also of the HCCH and UNIDROIT. This book demonstrates how they are key enablers of legal reforms and relevant platforms to ensure equal access to legal knowledge. One of the possible conclusions reading this book, is that such work reduces non-tariff (sometimes invisible) trade barriers, and has tremendous side effects like levelling the playing field for practitioners and legal educators from parts of the world often meriting less attention and resources. For example, without such work, we would have never seen DPR Korea or Laos adopting the CISG and its core value: party autonomy. This book is indispensable for any one engaged with legal reforms based on international cooperation.' -- João Ribeiro-Bidaoui, Permanent Bureau of the Hague Conference on Private International Law (HCCH) and UNCITRAL Regional Centre for Asia and the Pacific (2013-2018)Table of ContentsContents: Preface PART I INTRODUCTION: SOFT LAW FORMATION IN A GLOBAL CONTEXT 1. Development of transnational legal norms 2. Transnational soft law norm formation: challenges and developments in extending representation development of transnational legal norms 3. From the central to the regional: contributions of UNCITRAL and RCAP on soft law-making in transnational dispute resolution 4. Indicators of representation in global governance: assessing regional engagement, representation and diversity through UNCITRAL RCAP PART II RCAP CASE STUDIES: DEVELOPMENT AND EXPANSION OF REGIONAL SOFT LAW 5. Singapore Convention on International Settlement Agreements Resulting from Mediation 6. UNCITRAL Working Group III deliberations on investor–state arbitration reform 7. Transparency rules 8. Online dispute resolution 9. UNCITRAL Model Law on International Commercial Arbitration 10. Conciliation Rules PART III EMPIRICAL FINDINGS ON THE CONTRIBUTION OF RCAP IN EXTENDING REGIONAL REPRESENTATION 11. Extending soft law representation through regional centres:empirical analysis 12. Conclusions Selected Bibliography Index
£100.00
Edward Elgar Publishing Ltd Global Counter-Terrorist Financing and Soft Law:
Book SynopsisThis highly topical book is an original contribution to the current literature on counter-terrorist financing, compliance and soft law. Specifically, the book focuses on Financial Action Task Force recommendations and counter-terrorism financing legislation. This thought-provoking investigation demonstrates that an understanding of the counter-terrorism financing regime can shed light on the departure from regular international law-making processes, and on the emerging forms of international governance in an era of globalisation. An understanding of the regime s multi-layered approach shows how this can be replicated as a tool in the prevention and resolution of conflict and the promotion of international justice in areas such as human trafficking, drug trafficking, and weapons of mass destruction. This book will be an invaluable resource for those studying and researching in law, terrorism studies, criminal justice and finance, in particular comparative law and compliance with hard and soft law. It will also be relevant to policymakers and practitioners working in counter-terrorism.Trade Review'An important and compelling account of the development of a global regime to counter terrorism financing. Vital material for all students of counter-terrorism and the role of soft law and national self-interest in producing compliance with international law.' --Kent Roach, University of Toronto, CanadaTable of ContentsContents: 1. Introduction 2. The Importance of Countering Terrorist Financing 3. Binding and Non-Binding Norms in Countering Terrorist Financing 4. Examining the Level of Implementation 5. Examining the Level of Compliance 6. Features of the Regime That Have Led to Its High Levels of Compliance 7. Conclusion Index
£100.00
Edward Elgar Publishing Ltd Safeguarding Intangible Cultural Heritage: A
Book SynopsisThis book presents a detailed analysis of the different approaches and measures for implementing the requirements of UNESCO’s 2003 Convention on Safeguarding Intangible Cultural Heritage (the Convention) and a practical interpretation of that treaty, based on the experience of States’ Parties and other primary actors. The book considers the interests of multiple stakeholders and takes account of how the Convention interacts with other international law regimes pertaining to both human rights and sustainable development.Key Features: Provides clear and concise information of the definition, scope and significance of intangible cultural heritage Utilises a wide-range of case studies to illustrate the application of the Convention on the ground. Considers the position of multiple stakeholders including national heritage organisations and non-state actors Outlines practical strategies and solutions for protecting and promoting cultural heritage and looks ahead to potential future developments in this field. Easy to follow structure, mapping out the treaty’s provisions thematically and highlighting their practical application Providing accessible and focused analysis, this book will be essential reading for lawyers and practitioners involved in the protection of intangible cultural heritage from both governmental and non-governmental institutions. The book will also be a valuable resource to academics and researchers working across various disciplines including law, heritage, and anthropology.Trade Review‘In this definitive mapping of safeguards for intangible cultural heritage, primarily under the eponymous UNESCO Convention of 2003, Professor Blake resets the compass away from a reliance primarily on state-initiated listings of disparate items and toward a more functional regime defined by communities, groups and individuals. Human rights and sustainable development form the guardrails.’ -- James Nafziger, Willamette University, US‘A preeminent authority on the 2003 Convention on Intangible Cultural Heritage, Professor Janet Blake was instrumental in its drafting and remains a key player in its implementation. This thoughtful and thorough exploration of this important instrument will no doubt facilitate its understanding and application by practitioners and scholars alike.’ -- Ana Filipa Vrdoljak, University of Technology, SydneyTable of ContentsContents: 1 An introduction to UNESCO’S 2003 Convention 2 Setting out the context and objectives 3 Defining key terms 4 The organs of the Convention and the Secretariat 5 Taking a participatory approach 6 Setting the policy framework 7 National institutional and legislative framework and developing capacities 8 From identification and inventorying to research and documentation 9 Educational programmes and transmission 10 International listing mechanism 11 International cooperation and assistance, the ICH Fund and identifying good practices 12 Periodic reporting by States Parties 13 A wider context: interactions with other international treaties and frameworks 14 Conclusions: assessing 20 years of operation and looking forward Index
£182.00
Edward Elgar Publishing Ltd The UN Guiding Principles on Business and Human
Book SynopsisThis comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels.Key Features: One of the first detailed considerations of each of the Principles for Responsible Contracts Contributions from more than 40 leading international academics and practitioners in the field Discussion of legal and regulatory instruments as well as case law emanating from the Principles Offers information on interpreting, analysing, and using the UNGPs and the Principles for Responsible Contracts in a centralized accessible format. Practitioners, including government officials, who are responsible for corporate governance and human rights issues will find this Commentary invaluable for its systematic analysis of the obligations of both States and corporations. It will also be of interest to academics and those working for NGOs in the area of business and human rights, as well as businesses themselves looking to incorporate sustainability initiatives into their corporate practices.Trade Review‘The Commentary is a must-have for everyone who is working on business and human rights. The UNGPs constitute the base of all the work that has been done over the years in the field. Thus, to be able to comprehend what business and human rights mean and to build on them, it is essential to examine the UNGPs in detail, which is what the Commentary provides.’ -- Begüm Kilimcioglu, conflictoflaws.netTable of ContentsContents: Foreword by Surya Deva xxvi Acknowledgements xxix Table of cases xxxi Table of legislation xxxii The UN Guiding Principles on Business and Human Rights and Principles for Responsible Contracts: An Introduction 1 Barnali Choudhury PART I THE UNITED NATIONS GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS 1 Guiding Principle 1: Scope of Obligations 12 Daniel Augenstein 2 Guiding Principle 2: Expecting Business to Protect Human Rights 20 Claire Methven O’Brien 3 Guiding Principle 3: General State Regulatory and Policy Functions 28 Anil Yilmaz Vastardis and Rachel Chambers 4 Guiding Principle 4: The Obligations of States in Markets With Respect to Enterprises Owned, Controlled, or Supported by the State 35 Larry Catá Backer 5 Guiding Principle 5: The Content of the State Duty to Protect in the Context of Privatization 42 Humberto Cantú Rivera 6 Guiding Principle 6: Respecting Human Rights Through Commercial Transactions 49 Annamaria La Chimia 7 Guiding Principle 7: Supporting Business Respect for Human Rights in Conflict-Affected Areas 56 Olga Martin-Ortega and Fatimazahra Dehbi 8 Guiding Principle 8: Ensuring Policy Coherence 63 Jena Martin 9 Guiding Principle 9: Domestic Policy 70 Carolina Olarte-Bácares 10 Guiding Principle 10: States as Members of Multilateral Institutions 77 Gamze Erdem Türkelli 11 Guiding Principle 11: The responsibility of business enterprises to respect human rights 85 Sara L. Seck 12 Guiding Principle 12: Minimum Human Rights Standards for Pillar II 92 Sarah Joseph 13 Guiding Principle 13: Responsibility of the Business Sector 101 Kishanthi Parella 14 Guiding Principle 14: Nature and Size of the Business Enterprise 109 Kishanthi Parella 15 Guiding Principle 15: Businesses Implementing Policies and Practices 113 Kishanthi Parella 16 Guiding Principle 16: Policy Commitments 118 Maddalena Neglia 17 Guiding Principle 17: Human Rights Due Diligence 126 Robert McCorquodale and Cristina Blanco-Vizarreta 18 Guiding Principle 18: Human Rights Impact Assessments 136 Claire Bright and Céline da Graça Pires 19 Guiding Principle 19: Acting Upon Human Rights Impact Assessments 145 Björn Fasterling 20 Guiding Principle 20: Tracking Business Human Rights Responses 155 Andreas Rühmkorf 21 Guiding Principle 21: Communication of Human Rights Impacts 162 Andreas Rühmkorf 22 Guiding Principle 22: Remediation 169 Florencia S. Wegher Osci 23 Guiding Principle 23: Legal Compliance Issues of Business Enterprises 176 Simon Baughen 24 Guiding Principle 24: Prioritization of Severe Human Rights Impacts by Businesses 184 Salvador Herencia-Carrasco 25 Guiding Principle 25: Access to Remedy—Foundational Principle 189 Dalia Palombo 26 Guiding Principle 26: Domestic Judicial Mechanisms 198 Penelope Simons 27 Guiding Principle 27: State-based Non-judicial Grievance Mechanisms 206 Markus Krajewski 28 Guiding Principle 28: Non-state-based Grievance Mechanisms 214 Jennifer A. Zerk 29 Guiding Principle 29: Non-State-Based Grievance Mechanisms; Role of Business 222 Martijn Scheltema 30 Guiding Principle 30: The Role of Collaborative Initiatives in Respecting Human Rights 230 Dorothée Baumann-Pauly and Lilach Trabelsi 31 Guiding Principle 31: Effectiveness Criteria for Non-Judicial Grievance Mechanisms 237 Anna Triponel PART II PRINCIPLES FOR RESPONSIBLE CONTRACTS 32 PRC 1: Preparation and Planning 248 Daria Davitti and Sorcha MacLeod 33 PRC 2: Managing Potential Adverse Human Rights Impact 255 Shavana Haythornthwaite 34 PRC 3: Project Operating Standards 263 Dr Shavana Haythornthwaite 35 PRC 4: Contractual Stabilization Clauses 270 Jernej Letnar Černič 36 PRC 5: Additional Goods or Services 277 Margaret G. Wachenfeld 37 PRC 6: Physical Security for the Project 285 Sorcha MacLeod and Daria Davitti 38 PRC 7: Designing Inclusive Community Engagement Strategies 292 Tehtena Mebratu-Tsegaye and Solina Kennedy 39 PRC 8: Project Monitoring and Compliance 299 Sarah Platts 40 PRC 9: Non-judicial Grievance Mechanisms 306 Stefan Zagelmeyer 41 PRC 10: Transparency and Disclosure of Contractual Terms – The last and the least of the ten principles? 314 Motoko Aizawa Index
£160.00
Edward Elgar Publishing Ltd Comity: Multilateralism in the New Cold War
Book SynopsisThis timely book explores a critical new juncture where globalisation is in retreat and global norms of behaviour are not converging. Frank Vibert provides an expert analysis on how this situation has arisen from a combination of changes in the relative power and position of nations and the different values behind the organisation of domestic government in democracies and authoritarian states.Vibert challenges the assumption that differences in the way countries organise their domestic form of government can be kept separate from rulemaking at the international level. The book examines how democracies can defend their own values relative to others, the methods of influence, and the ways of managing conflict between contending values. Comity maps a path away from impasse to where democracies cooperate to make rules for themselves that can then be extended to others. It also discusses the legitimacy of this form of international rulemaking. Vibert concludes with the need for democracies to address their own democratic backsliding and to refresh their alliances with other democracies.This book steps back from conventional claims that we are heading towards an ever more globalised world and sets out the importance of norms in shaping institutions, relationships and the techniques of rulemaking. The book will be critical reading for scholars of international relations, constitutional and administrative law, regulation, and international politics. It will also be useful for practitioners in international organisations, governments and administrative bodies.Trade Review'Comity is a triumph. In elegant, jargon-free prose it outlines a pathway out of an existential problem of our digital age - the increasing difficulty in fully-multilateral bodies to reach agreement on how to manage global problems. Authoritarian governments seek to control information and data and do not need validation from electorates for what they agree to multilaterally, while democratic governments do need to match their multilateral commitments to acceptance by individuals at home. The pathway is ''comity'' - clubs of ''like-minded'' countries seeking congruence between the content of their domestic rules and the rules for relations between themselves. Comity spells out downsides of this solution and how they can be mitigated. It is essential reading for anyone interested in the future of international cooperation.' -- Robert Wade, London School of Economics, UKTable of ContentsContents: 1. Introduction: comity in a global perspective 2. Globalisation in reverse: the space for comity 3. Comity in context: the varieties of comity 4. Comity and light institutionalisation 5. Comity and the world beyond the group 6. Warnings: conflict 7. Warnings: capture 8. Legitimising comity 9. Conclusions References Index
£80.87
Edward Elgar Publishing Ltd International Human Rights Monitoring Mechanisms:
Book SynopsisBrice Dickson examines the engagement of the United Kingdom with international human rights monitorin1g mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK.By analysing the role that monitoring mechanisms are meant to play in enforcing human rights standards, and the UK's commitment to that role, Dickson considers in turn the work of general monitoring mechanisms, mechanisms focused on civil and political rights or on social and economic rights, and mechanisms assessing discrimination based on gender, race, age or disability. The book demonstrates that, while monitoring mechanisms certainly play a crucial role in holding the UK government to account, crediting them with enhancing the protection of any specific right is problematic.Providing a comprehensive study of the operation of international human rights monitoring mechanisms, this book will be an insightful resource for human rights law students and scholars, particularly those concerned with civil, social and non-discrimination rights. Academics interested in public international law and politics will also benefit from this text.Trade Review‘This book examines the effectiveness of international human rights monitoring mechanisms at the global and European level with particular reference to their influence on the protection of human rights in the UK. The book tackles a longstanding void in comparative analysis of these mechanisms. Written in an accessible and engaging style, Dickson provides a well-structured analysis that will have practical value at the jurisdiction-specific level in the UK and which will contribute to the wider body of knowledge on the effectiveness of such mechanisms.’ -- Suzanne Egan, University College Dublin, Ireland‘This landmark analysis combines an insightful exploration of the complex web of human rights monitoring mechanisms to which the UK is subject with a rigorous and trenchant critique of both the UK’s engagement with them and of those mechanisms themselves. It is a tour de force and essential reading.’ -- Sir Malcolm Evans, University of Bristol Law School, UK‘By using the UK as a case study, Dickson has succeeded in making the link between the international and the national and invigorated the study of international human rights monitoring mechanisms. This book is a valuable resource for all of those engaged in the study and practice of international and national human rights law.’ -- Merris Amos, Queen Mary University of London, UKTable of ContentsContents: Preface 1. Introduction to International Human Rights Monitoring Mechanisms 2. International monitoring as a human rights enforcement mechanism 3. UK engagement with international monitoring 4. General monitoring 5. The monitoring of civil and political rights 6. The monitoring of economic, social and cultural rights 7. The monitoring of racial and minority discrimination 8. The monitoring of gender, age and disability discrimination 9. Concluding observations on International Human Rights Monitoring Mechanisms Index
£120.00
Edward Elgar Publishing Ltd The Future of Peace: Incorporation of
Book SynopsisIn this timely book, Alexandra Harrington examines the legal and policy terms contained in transitional justice mechanisms through the lenses of intergenerational equity and justice, and the impact on current and future generations. Based on these findings, she offers a new definition of transitional justice that focuses on generational incorporation to ensure a durable, equitable and just peace.Proposing a more nuanced definition of transitional justice in the setting of internal armed conflict, chapters address both the histories and the analyses of different conflicts. Harrington reviews the core findings and their potential impacts for crafting transitional justice mechanisms that are inclusive of the needs of children and youth, current and future generations, intergenerational equity and intergenerational justice. The book also focuses on the variety of agreements and instruments adopted for peace through trend analysis and information gathering.The Future of Peace will be a valuable resource for legal scholars and academics interested in conflict and peace studies. Those interested in human rights law and public international law will also find this to be a beneficial read.Table of ContentsContents: List of acronyms 1 Introduction to The Future of Peace 2 Peace agreements, intergenerational equity and intergenerational justice 3 Ceasefire agreements, intergenerational equity and intergenerational justice 4 Truth and reconciliation mechanisms, intergenerational equity and intergenerational justice 5 Justice mechanisms, intergenerational equity and intergenerational justice 6 Conclusion Index
£100.00
Edward Elgar Publishing Ltd The Development of the Law of the Sea Convention:
Book SynopsisThe UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. SkodvinTrade Review‘The Development of the Law of the Sea Convention represents a collective effort in filling the gap left in academic discussion. This book offers an in-depth appraisal of the impacts and contributions of international courts and tribunals to the development of UNCLOS since its entry into force in 1994. The book is timely, authoritative and thought- provoking. It will be of great interest to a wider readership, not only scholars and students working in the fields of public international law and the law of the sea, but also practitioners and relevant international organizations and institutions.’ -- Zhiguo Gao, Ocean Yearbook'The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the ''genuine link'', hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.' --Tullio Treves, Former Judge, The International Tribunal for the Law of the SeaTable of ContentsContents: Preface xi 1 General introduction 1 Øystein Jensen 2 The regime of islands 14 Sir Malcolm D. Evans and Reece Lewis 3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime 48 Robin Churchill 4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone 73 Nigel Bankes 5 Managing transboundary fish stocks for sustainability 104 Andrew Serdy 6 Obligations of flag states in the exclusive economic zone 139 Aldo Chircop 7 Deep seabed mining 168 Aline Jaeckel 8 ITLOS and the tale of the tenacious ‘genuine link’ 190 Moira L. McConnell 9 Hot pursuit 216 Knut E. Skodvin 10 Historic rights 244 Seokwoo Lee and Lowell Bautista 11 Reflections 262 Øystein Jensen Index 268
£104.00
Rutgers University Press The Politics of Genocide: From the Genocide
Book SynopsisBeginning with the negotiations that concluded with the unanimous adoption of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948, and extending to the present day, the United States, Soviet Union/Russia, China, United Kingdom, and France have put forth great effort to ensure that they will not be implicated in the crime of genocide. If this were to fail, they have also ensured that holding any of them accountable for genocide will be practically impossible. By situating genocide prevention in a system of territorial jurisdiction; by excluding protection for political groups and acts constituting cultural genocide from the Genocide Convention; by controlling when genocide is meaningfully named at the Security Council; and by pointing the responsibility to protect in directions away from any of the P-5, they have achieved what can only be described as practical impunity for genocide. The Politics of Genocide is the first book to explicitly demonstrate how the permanent member nations have exploited the Genocide Convention to isolate themselves from the reach of the law, marking them as "outlaw states."Trade Review"In The Politics of Genocide, Jeffrey S. Bachman conducts an unsparing analysis of the United Nations (UN) Genocide Convention’s formulation in 1947-48 and subsequent selective application by the permanent members of the UN Security Council. Decrying the orchestrated 'culture of impunity for genocide,' this book is a necessary corrective to the view that the Genocide Convention has humanized world politics." -- Dirk Moses * author of The Problems of Genocide *A rigorous and revisionist study of how framings of genocide, and applications of the relevant international law, granted effective impunity to the world's most powerful state actors -- and still do. Bachman's book is readable and accessible. It serves as an excellent complement and counterweight to standard treatments of this vital subject. -- Adam Jones * author of Genocide: A Comprehensive Introduction *Table of ContentsIntroduction: Genocide and State Impunity 1. Territorializing Prevention of Genocide 2. Redefining the Crime of Genocide for Reasons of State 3. The ICJ as Enabler of State Impunity for Genocide 4. The P-5 and Discretionary Non-Application of the Genocide Convention 5. The Responsibility to Protect and P-5 Impunity Conclusion: The Persistent Outlaw, Perpetual Impunity, and the Field of Genocide StudiesAcknowledgments NotesBibliography Index
£107.20
Yale University Press The Bretton Woods Agreements
Book SynopsisTrade ReviewSelected for Choice's 2019 Outstanding Academic Titles List “A terrific compilation of original documents and commentaries on the Bretton Woods agreement of 1944. In this time of challenge, this book is a welcome reminder of why and how this important international agreement was formed and how it operated to influence the global economy.”—Helen Milner, Princeton University“By bringing together historical documents and contextual essays by leading political scientists and economists, this volume enables readers to see the Act of creation of the post war financial system—that it blended idealism and reality, politics and economics and personalities.”—Angela Redish, University of British Columbia
£22.50
Oxford University Press Another Cosmopolitanism
Book SynopsisBenhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice - norms which are difficult for some to accept as legitimate since they are in conflict with democratic ideals.Trade Reviewthis volume provides a sophisticated analysis of the concept and one of its major problems, and so is a valuable addition to the literature...[Benhabib] has successfully argued that the scope of the moral conversation needs to be universal...given the short length of the volume, it is on the whole a benefit that Benhabib and her commentators explore in such detail one important issue which faces liberal democratic cosmopolitan theorists. * Megan Kime, Ethical Theory and Moral Practice *
£40.49
Clarendon Press A Normative Approach to War Peace War and Justice in Hugo Grotius
Book SynopsisThis collection of papers provides a commentary on and critique of Grotius' "De jure pacs ac belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor.Trade Review`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law JournalTable of ContentsGrotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of "JBP"; Grotius' concept of law, Tanaka Tadashi - "Jus", natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; "dominium" and "imperium", Yanagihara Masaharu - the evolution of "dominium" and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under "the law of nations", extinction of "dominium" and "imperium", obligations arising from "dominium", Grotius as "the father of private law theory based on natural law"; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in "JBP"; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; "temperamenta" (moderation), Tanaka Tadashi - the problem, unjust war, "temperamenta", the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), "fides" between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - "JBP" a book with a practical aim, the realities of war in "JBP", Grotius' normative approach, a multi-layered normative structure, "systematic" presentation of just causes of war, the position of "JBP" in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.
£167.50
Oxford University Press, USA Consular Law and Practice
Book SynopsisThis classic work on consular law explains what consuls do to assist and protect co-nationals. How can they help with documents, or if a co-national is arrested or convicted on a criminal charge? This book explores how consular law developed and examines the current treaties and the varied roles of the consul.Trade ReviewIn eighteen years since Lee's Second Edition there has been a major shift in consular functions- access to and protection of nationals in detention assuming much greater importance politically as well as legally. The Third Edition well reflects this, with thorough analysis of recent cases before the International Court and with the US Supreme Court, as well as recent conventions and changes in practice since the end of the Cold War. An excellent handbook for the lawyer and for career and honorary consuls struggling with the demands of huge numbers of travellers in foreign lands. * Eileen Denza, Visiting Professor, University College London *Review from previous edition ...a work of considerable academic standing... extensively researched, and much attention has been paid to detail. It provides insight into consular activity and demonstrates the relationship between convention and customary international law. The text will serve as an invaluable reference tool to those engaged in consular activity, as well as serving the needs of those with either a developed or passing interest in what is one of the oldest forms of international activity... * Rebecca M. M. Wallace, The British Year Book of International Law 1991 *...a welcome addition to the literature on this subject which, although very important in the practical world, is all too rarely the subject of learned writing ... an important work of reference on this vital area of international law... * BC.A. Whomersley, The International and Comparative Law Quarterly, Volume 41, 1992 *...successfully touches on virtually every aspect of consular law and practice...an interesting overview of the field and a useful reference work for all whose work concerns either services to nationals abroad or commercial dealings with consular officials... * The American Journal of International Law *Table of ContentsPART I. INTRODUCTION ; PART II. CONSULAR RELATIONS IN GENERAL ; PART III. CONSULAR FUNCTIONS ; PART IV. PRIVILEGES AND IMMUNITIES ; PART V. HONORARY CONSULS ; PART VI. CONSULS, DIPLOMATS, AND THE UNITED NATIONS ; PART VII. CONCLUSIONS ; APPENDICES
£261.25
Oxford University Press The International Covenant on Civil and Political Rights
Book SynopsisNow in its third edition, this book is the authoritative text on one of the world''s most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states.The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed.Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.Trade ReviewReview from previous edition 'a seminal work which will be of enormous interest to the human rights community...' * Commonwealth Lawyer *"... a very useful first stop in finding the basic jurisprudence on the protection of civil and political rights under the treaties adopted under the auspices of the United Nations.'" * Urfan Khaliq, Tolley's Communications Law *... the publication makes a most creditable contribution to systematising and making accessible the work of the Human Rights Committee in the exercise of its various functions ... With its timely collation of the jurisprudence of the Human Rights Committee, it stands alone in the human rights literature. * Australian Year Book of International Law *"The book, all 985 pages of it, is an excellent source of reference. No other work has encompassed as much material and case law so far...the wide range of sources is impressive...Of great value is the subject index... this index is exceptionally good, detailed and clear...the compilation of such incredible amounts of material is a gigantic achievement. The inclusion of good-quality indexes and information tables makes the information readily available and is one of the major assets of the work...The volume is a most-needed and welcome contribution for scholars and practitioners alike. It fulfils its aim of bestowing the legal community with an excellent source of information on international human rights law and will certainly aid in the advancement of human rights protection." * Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Heidelberg Journal of International Law) *The authors are to be congratulated for their thoughtful and insightful analysis, and for their meticulous work in continuing to render the work of the Human Rights Committee accessible to a wide audience of civil servants, scholars, practitioners, and activists. * Australian Year Book of International Law *Table of ContentsPART I: INTRODUCTION ; 1. Introduction ; PART II: ADMISSIBILITY UNDER THE ICCPR ; 2. The Ratione Temporis Rule ; 3. The 'Victim' Requirement ; 4. Territorial and Jurisdictional Limits ; 5. Consideration Under Another International Procedure ; 6. Exhaustion of Domestic Remedies ; PART III: CIVIL AND POLITICAL RIGHTS ; 7. The Right of Self-determination - Article 1 ; 8. The Right to Life - Article 6 ; 9. Freedom from Torture and Rights to Humane Treatment - Articles 7 and 10 ; 10. Miscellaneous Rights - Articles 8, 11, 16 ; 11. Freedom from Arbitrary Detention - Article 9 ; 12. Freedom of Movement - Article 12 ; 13. Procedural Rights Against Expulsion - Article 13 ; 14. Right to a Fair Trial - Article 14 ; 15. Prohibition of Retroactive Criminal Laws - Article 15 ; 16. Right to Privacy - Article 17 ; 17. Freedom of Thought, Conscience, and Religion - Article 18 ; 18. Freedom of Expression - Articles 19 and 20 ; 19. Freedoms of Assembly and Association - Articles 21 and 22 ; 20. Protection of the Family - Article 23 ; 21. Protection of Children - Article 24 ; 22. Rights of Political Participation - Article 25 ; 23. Rights of Non-Discrimination - Articles 2(1), 3, and 26 ; 24. Minority Rights - Article 27 ; PART IV: ALTERATION OF ICCPR DUTIES ; 25. Reservations, Denunciations, Succession, and Derogations ; APPENDICES ; A. International Covenant on Civil and Political Rights ; B. First Optional Protocol to the ICCPR ; C. Second Optional Protocol to the ICCPR ; D. States Parties to the International Covenant on Civil and Political Rights ; E. States Parties to the First Optional Protocol ; F. States Parties to the Second Optional Protocol ; G. States which have made a Declaration under Article 41 of the Covenant ; H. Members of the Human Rights Committee (Past and Present) ; I. General Comments of the Human Rights Committee
£84.55
Oxford University Press CONVEN PRIV IMMUN UN SPEC COMM OCILS C Oxford Commentaries on International Law
a huge range and FREE tracked UK delivery on ALL orders.
£256.50
Oxford University Press Documents On The Laws Of War
Book SynopsisA work on international humanitarian law, which contains texts of the main treaties and includes other documents, such as: agreements on anti-personnel mines and laser weapons; two documents on UN forces and international humanitarian law; an extract from the Advisory Opinion of the International Court of Justice on nuclear weapons; and more.Trade Review"masterly...The third edition of Roberts and Guelff's Documents on the Laws of War is an essential and invaluable working tool for all those who are interested in international humanitarian law." International Review of the Red Cross, Geneva"An indispensable tool for any international lawyer." Professor Antonio Cassese, former President of the Yugoslav War Crimes Tribunal, The Hague"Indispensable to practitioners and students alike ... We are much indebted to the patient and scholarly labours of the two editors." International AffairsTable of ContentsIntroduction by the Editors ; 1856 Paris Declaration Respecting Maritime Law ; 1868 St Petersburg Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight ; 1899 Hague Declaration 2 Concerning Asphyxiating Gases ; 1899 Hague Declaration 3 Concerning Expanding Bullets ; 1907 Hague Convention IV Respecting the Laws and Customs of War on Land ; ANNEX TO THE CONVENTION: REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND ; 1907 Hague Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land ; 1907 Hague Convention VII Relating to the Conversion of Merchant Ships into Warships ; 1907 Hague Convention VIII Relative to the Laying of Automatic Submarine Contact Mines ; 1907 Hague Convention IX Concerning Bombardment by Naval Forces in Time of War ; 1907 Hague Convention XI Relative to Certain Restrictions with Regard to Exercise of the Right of Capture in Naval War ; 1907 Hague Convention XIII Concerning the Rights and Duties of Neutral Powers in Naval War ; 1923 Hague Rules of Aerial Warfare ; 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare ; 1936 London Proces-Verbal Relating to the Rules of Submarine Warfare Set Forth in Part IV of the Treaty of London of 22 April 1930 ; 1946 Judgment of the International Military Tribunal at Nuremberg: Extracts on Crimes Against International Law ; 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide ; 1949 Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field ; 1949 Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea ; 1949 Geneva Convention III Relative to the Treatment of Prisoners of War ; 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War ; 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict ; REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT ; 1954 First Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict ; 1976 UN Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques ; 1977 Geneva Protocol I Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts ; 1977 Geneva Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts ; 1978 Red Cross Fundamental Rules of International Humanitarian Law Applicable in Armed Conflicts ; 1980 UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects ; 1980 Protocol I on Non-Detectable Fragments ; 1980 Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices ; 1980 Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons ; 1995 Protocol IV on Blinding Laser Weapons ; 1996 Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices ; 1991 Operation Desert Storm, US Rules of Engagement (Pocket Card) ; 1993 Statute of International Criminal Tribunal for the Former Yugoslavia: Extracts ; 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea ; 1994 ICRC/UNGA Guidelines for Military Manuals and Instructions on the Protection of the Environment in Time of Armed Conflict ; 1994 Statute of International Criminal Tribunal for Rwanda: Extracts ; 1994 UN Convention on the Safety of United Nations and Associated Personnel ; 1996 Advisory Opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons: Extract ; 1997 Ottawa Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction ; 1998 Rome Statute of the International Criminal Court: Extracts ; 1999 Second Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict ; 1999 UN Secretary-General's Bulletin on Observance by UN Forces of International Humanitarian Law ; Appendix I : Emblems and Signs ; Appendix II : Electronic Media ; Select Bibliography on the Laws of War ; Index
£72.99
