Public international law: treaties and other sources Books

Book SynopsisThe Patent Cooperation Treaty (PCT) is the heart of the international patent system and should be considered in every applicant’s patent filing strategy. When it is used appropriately, the PCT is a cost-effective option for international patent protection that provides benefits for applicants, patent offices, and third parties. But the PCT is also complex and challenging. Based on the authors’ years of experience and the important lessons they have learned, this updated edition demystifies the PCT to help practitioners employ the system to their clients’ advantage. Starting with an explanation of the PCT’s framework and covering detailed information about procedures, safeguards, and strategy, the book’s comprehensive chapters provide the necessary tools to effectively understand and use this global system.Trade Review"I recently read The Practitioner's Guide to the PCT, [Second Edition], and I must say, it is a must-read for anyone interested in the patent cooperation treaty (PCT).The book is well-written and easy to understand, even if you don't have a legal background. The authors have done an excellent job of breaking down the complex PCT process into simple steps, making it easy to follow and understand.The guide is comprehensive, covering everything from the basics of the PCT to more useful and advanced topics like Procedural Safeguards: helpful options when things go wrong amendments, PCT strategies and recommendations, Selecting Countries for National Filing and Patent Prosecution Highway to name a few. One of the things I appreciated about this book is that it doesn't just provide information on the PCT process, but it also offers practical tips and advice for practitioners. The authors share insights and strategies based on their years of experience, which is invaluable for anyone looking to navigate the PCT system."-Goutam Bhattacharyya (Dr.), Partner, K&S Partners

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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

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Book SynopsisWith an insightful, engaging and practical approach, Transboundary Environmental Governance in Asia addresses two areas in the existing literature that have received relatively little scholarly attention - the UNECE, the only one of the UN regional commissions to have produced any environmental treaties, and tackling cross-border environmental issues in Asia. Marsden and Brandon are to be applauded for their work, which promises to be a starting point for any future research and governance efforts in Asian environmental law and policy.'- Jolene Lin, The University of Hong Kong, HKSARProviding a strong comparative analysis of United Nations Economic Commission for Europe (UNECE) treaties and protocols in an Asian context, this important book is specifically concerned with treaty implementation and compliance. Until recently, the primary application of UNECE treaties has been in Europe; however UNECE membership by Asian states in the Caucasus and Central Asia, and the ability of UN states in general to accede to many of them, means that Asia is now very relevant in this context.Including a case study on Central Asia, the core focus of the book is on the five UNECE treaties: public participation, water and air pollution, environmental impact assessment and industrial accidents. Twelve related protocols are also dealt with, including: pollutant release and transfer registers, strategic environmental assessment, civil liability, water and health, and air pollutants. For these, prospects for the future, as well as current practice, are assessed.Environmental scholars and consultants, international environmental lawyers, practitioners and policymakers in institutions such as treaty regime secretariats, national ministries and international financial institutions, will find this book to be of particular interest and value.Trade Review‘With an insightful, engaging and practical approach, Transboundary Environmental Governance in Asia addresses two areas in the existing literature that have received relatively little scholarly attention – the UNECE, the only one of the UN regional commissions to have produced any environmental treaties, and tackling cross-border environmental issues in Asia. Marsden and Brandon are to be applauded for their work, which promises to be a starting point for any future research and governance efforts in Asian environmental law and policy’ -- Jolene Lin, The University of Hong Kong, HKSARTable of ContentsContents: PART I TRANSBOUNDARY ENVIRONMENTAL GOVERNANCE 1. Introduction 2. Institutions and Regimes PART II TREATIES AND PROTOCOLS 3. The Public Participation Convention and Pollutant Release and Transfer Registers Protocol 4. the Environmental Impact Assessment Convention and Strategic Environmental Assessment Protocol 5. The Industrial Accidents Convention and Civil Liability Protocol 6. The Water Convention and Water and Health Protocol 7. The Air Pollution Convention and Associated Protocols PART III COMBINED EFFECT AND OUTLOOK 8. Practice and Capacity Building in Central Asia 9. Conclusions Index

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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

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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

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Book Synopsis[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.'- Páll Hreinsson, EFTA-Court'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.'- Gudmundur Alfredsson, University of Akureyri, IcelandWhat are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice.The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.Trade Review‘[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.’ -- Páll Hreinsson, EFTA-Court‘This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.’ -- Gudmundur Alfredsson, University of Akureyri, IcelandTable of ContentsContents: PART I INTRODUCTION 1. Introduction PART II THEORIES ON THE RELATIONSHIP BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW 2. The Main Theories PART III MONISM AND DUALISM IN PRACTICE 3. The Treaty-making Process and Ratification of Treaties 4. Automatic Incorporation or Transformation 5. Direct Effect 6. Principle of Consistent Interpretation 7. Remarks on the Judgment of the Supreme Court in the Ægisson-case 8. Remedies and Reparations 9. Application of Incorporated Treaties Index

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Book SynopsisThis comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume –- Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules - – it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.Trade Review‘Carlos Correa has in these two Research Handbooks on the TRIPS Agreement, done a magnificent job of bringing together a large number of scholars to analyse the many issues raised by the Agreement. The result is an integrated resource of high quality that helps readers to understand the many complex dimensions of TRIPS.’ -- Peter Drahos, RegNet, The Australian National University, Canberra‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’ -- = Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, SwitzerlandTable of ContentsContents: Preface Carlos M. Correa HISTORY, INTERPRETATION AND PRINCIPLES 1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPS Charles Clift 2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations Carolyn Deere-Birkbeck 3. Minimum Standards vs. Harmonization in the TRIPS Context: The Nature of Obligations under TRIPS and Modes of Implementation at the National Level in Monist and Dualist Systems Denis Borges Barbosa 4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement Graeme B. Dinwoodie and Rochelle C. Dreyfuss 5. The Objectives and Principles of the TRIPS Agreement Peter K. Yu 6. Mainstreaming the TRIPS and Human Rights Interactions Xavier Seuba 7. The TRIPS Agreement and Intellectual Property Rights Exhaustion Luis Mariano Genovesi 8. Intellectual Property Rights and Competition Policy Beatriz Conde Gallego 9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards Pedro Roffe, Christoph Spennemann and Johanna von Braun SUBSTANTIVE RIGHTS 10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement P. Bernt Hugenholtz 11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties Ruth L. Okediji 12. The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty Owen Morgan 13. Marks for Goods or Services (Trademarks) Annette Kur 14. Unresolved Issues on Geographical Indications in the WTO Kasturi Das 15. No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications Dwijen Rangnekar 16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries Graham Dutfield, Lois Muraguri and Florian Leverve 17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options Jerome H. Reichman 18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing Capacity S.K. Verma 19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bis Kevin Outterson 20. The Protection of Semiconductor Chip Products in TRIPS Thomas Hoeren 21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry’s Demands in Free Trade Agreements Carlos M. Correa Index

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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

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