Public international law: treaties and other sources Books
Amazon Digital Services LLC - Kdp Geopolítica del Yemen
£999.99
Amazon Digital Services LLC - Kdp LArt du Deal Diplomatique
£15.07
Bloomsbury Publishing PLC 15 Years of the UNESCO Diversity of Cultural
Book SynopsisThis book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which the processes and substance of international law-making have shifted in response to new technologies and new actors. The essays, written by recognised experts in the field, engage deeply with the practice under the Convention. The 4 parts examine: the rise of new actors and their impact on the Convention’s law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness and coherence of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.Table of ContentsActors, Processes and the Impact of 15 Years of the UNESCO Cultural Diversity Convention: An Introduction Beatriz Barreiro Carril, Spain) Andrzej Jakubowski and Lucas Lixinski PART I NEW ACTORS IN THE LEGAL DEVELOPMENT AND IMPLEMENTATION OF THE CONVENTION 1. The Participation of Non-state Actors in the UNESCO Cultural Diversity Convention: Current Status and Proposals for Reform Enzamaria Tramontana 2. The 2005 UNESCO Convention as an Instrument for International Cooperation: The Example of Networks of Cultural Cooperation Anna Steinkamp and Matina Magkou 3. Promoting the Objectives and Principles of the 2005 UNESCO Convention Among Latin American Civil Society: Challenges for Spanish Speakers. A Case Approach Luanda Smith PART II IMPACT OF THE CONVENTION IN OTHER FOR A AND SECTORS OF INTERNATIONAL LAW 4. Protecting and Promoting the Diversity of Cultural Expressions in the Context of Digital Trade: Make the Cultural Exception Great Again! Véronique Guèvremont and Ivana Otasevic 5. Promoting the Objectives and Principles of the 2005 UNESCO Convention in the Digital Environment: New Forums to Consider? Clémence Varin 6. Vulnerable Cultural Expressions in the Trade and Culture Debate: A Precautionary Approach to Culture in Times of Crisis Lilian Richieri Hanania PART III CULTURAL DIVERSITY (STILL) BEYOND THE CONVENTION? COMMUNITIES, PRIVATE ACTORS AND LAW-MAKING 7. Moving Online: How Communities have Invested Cultural Spaces in the Domain Name System Lily Martinet 8. Cultural Monopolies: The Cases of International Sports Associations and Internet Platforms Grischka Petri 9. Internet Governance and Cultural Diversity: An Intimate but Conflictual Relationship Giacomo Mazzone talks to Andrzej Jakubowski PART IV TAKING THE CONCEPT OF CULTURAL DIVERSITY SERIOUSLY: THE UNAVOIDABLE NEED OF CONNECTING WITH OTHER SECTORS OF INTERNATIONAL LAW AND OTHER DISCIPLINES 10. The Contribution of the Cultural Diversity Convention to Defining Artistic Freedom as a Cultural Right Laurence Cuny 11. Cultural Diversity, Intercultural Dialogue and Social Inclusion of Museums. The Case Study of the Interkulturelt Museum in Oslo City, Norway Mónica Riaza de los Mozos 12. Reflections Around Despacito and the Concept of Cultural Diversity: A Defence for an Adequate Interaction between the Cultural Diversity Convention, International Economic Law and International Human Rights Beatriz Barreiro Carril
£999.99
Mohr Siebeck GmbH & Co. K Supranationale Außenpolitik
£72.25
Duncker & Humblot Das Menschenrechtliche Prinzip Des
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£74.93
The University of Chicago Press Greening the Alliance The Diplomacy of NATOs
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£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
University of Notre Dame Press Celebrating Peace v.11 Boston University Studies
Book SynopsisThe contributors reflect on the concept of peace from a variety of viewpoints. This volume intends not only to celebrate peace but to contribute to an understanding of it through philosophical, theological and literary explorations.Trade Review"The twelve essayists (Gilligan, Yoder, Bok, Toulmin, Rendtorff, Moltmann, Minear, Larson, Smart, Parekh, Berrigan, and Levertov) present a thought-provoking and stimulating range of views on the issue of peace. The essays are grouped in four themes: just war, perpetual peace, and the nation-state; Christian conceptions of peace; Hindu and Buddhist views of peace; and peacemaking in terms of prophecy and poetry." —Journal of Ecumenical StudiesTable of ContentsJust war, perpetual peace and the nation-state, John J.Gilligan, et al; Christian conceptions of peace, Trutz Rendtorff, et al; Hindu and Buddhist views of peace, Gerald J.Larson, et al; making peace - prophecy, protest and poetry, Daniel Berrigan S.J. and Denise Levertov.
£105.40
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
Princeton University Press Votes Vetoes and the Political Economy of
Book SynopsisPreferential trading arrangements (PTAs) play an increasingly prominent role in the global political economy, two notable examples being the European Union and the North American Free Trade Agreement. This book offers insights into the political economy of PTA formation.Trade Review"[T]heirs is a magnificent book, among the most provocative written on the subject... Nobody interested in the political economy of trade can ignore this book. Without question, it will be widely read and cited, as it deserves to be."--Kerry A. Chase, Review of International Organizations "Votes, Vetoes and the Political Economy of International Trade Agreements ... stands as the most comprehensive modern treatment of the domestic political economy of trade agreements. It is essential reading for economists, political scientists, and policy analysts interested in the trade agreements and the evolution of the international trade system."--Pravin Krishna, Journal of Economic Literature "Overall, this is a highly compelling book that deserves a wide readership. The authors managed to anticipate and defuse many potential objections to their argument. Moreover, the empirical examination serves as a model of excellent research."--Andreas Dur, Perspectives on PoliticsTable of ContentsList of Figures and Tables vii Preface and Acknowledgments ix Commonly Used Abbreviations xi Chapter 1: Introduction 1 What Are PTAs and Why Are They Important? 5 Economic Effects of PTAs 7 Political and Security Effects of PTAs 8 PTAs in Historical Perspective 9 The Effects of Domestic Politics on PTAs: The Argument in Brief 14 The Broader Theoretical Context 19 Organization of the Book 21 Chapter 2: A Political Economy Theory of International Trade Agreements 23 A Political Economy Theory of PTAs 24 Examining the Assumptions Underlying the Theory 30 An Alternative Argument about PTAs and Domestic Politics: The Role of Interest Groups 37 Regime Type, Domestic Political Costs, and PTAs 41 Two Cases of Democracy and PTA Formation: SADC and Mercosur 45 Veto Players, Transaction Costs, and PTAs 55 Some Illustrations of the Effects of Veto Players on PTA Formation 58 Further Effects of Domestic Politics on International Trade Agreements: Auxiliary Hypotheses 63 Conclusion 68 Chapter 3: Systemic Influences on PTA Formation 70 International Influences on PTA Formation 71 The Models and Estimation Procedures 77 Estimates of the Parameters 83 The GATT/WTO and PTA Formation 88 Conclusions 90 Chapter 4: Regime Type, Veto Players, and PTA Formation 93 Two Theoretical Propositions 93 Empirical Tests of the Hypotheses 96 Results of the Empirical Analysis 104 Robustness Checks 113 Conclusions 121 Chapter 5: Auxiliary Hypotheses about Domestic Politics and Trade Agreements 122 PTAs and the Longevity of Political Leaders 124 Partisanship and PTAs 128 Regime Type and Exposure to the International Economy 129 Autocracies, Political Competition, and PTAs 132 The Extent of Proposed Integration and Enforcement 137 Ratification Delay and Veto Players 145 Conclusions 151 Chapter 6: Conclusions 155 The Argument and Evidence in Brief 156 Some Implications for the Study of International Relations 161 PTAs and the World Economy 171 PTAs and the International Political Economy: Power and Politics 174 Bibliography 179 Index 201
£25.20
Princeton University Press Does Peacekeeping Work
Book SynopsisFrom Croatia and Cambodia, to Nicaragua and Namibia, international personnel have been sent to maintain peace around the world. But does peacekeeping work? And if so, how? This title answers these questions through the systematic analysis of civil wars that have taken place since the end of the Cold War.Trade Review"In this well-researched and solidly argued book, Fortna examines the casual relationship between peacekeeping and durable peace in a number of different settings... Using quantitative analysis and qualitative case analysis of conflicts of Bangladesh, Mozambique, and Sierra Leone, the author provides detailed information on international peacekeeping."--N. Entessar, Choice "This is an excellent book which addresses an interesting, important, and understudied issue... Does Peacekeeping Work? is a very important study and a model of social science research that makes a major contribution and that should be read, and assigned, widely. Peacekeeping is an important topic with academic and policy relevance, and scholars interested in working in this area should start with Fortna's book."--David E. Cunningham, Review of International Organizations "This book is an outstanding illustration of how research should be carried out: careful conception of the research problem, scrupulous data analysis, and subtle examination of case studies to better understand and delineate the causal foundations of the results... Scholars and policymakers should pay close attention to these findings, and to her more detailed discussions of how the various capacities of peacekeeping missions can best be tailored to the conditions of specific conflicts."--Jack A. Goldstone, Perspectives on Politics "Students of politics have much to learn from the author's seamless integration of current international debates into [her] work."--Nicholas Gammer, International Journal "Does Peacekeeping Work is readable, rigorous, and covers an important topic in the fields of international relations and conflict resolution. The text would be an excellent choice for graduate-level research methods classes to demonstrate the use of both qualitative and quantitative techniques in a problem-driven format; it also would work well in courses on international conflict management or international relations more broadly."--Maia Carter Hallward, International Journal on World PeaceTable of ContentsLIST OF FIGURES, MAPS, AND TABLES ix ACKNOWLEDGMENTS xi CHAPTER ONE: Peacekeeping and the Peacekept Questions, Definitions, and Research Design 1 CHAPTER TWO: Where Peacekeepers Go I Hypotheses and Statistical Evidence 18 CHAPTER THREE: Where Peacekeepers Go II Evidence from the Cases 47 CHAPTER FOUR: A Causal Theory of Peacekeeping 76 CHAPTER FIVE: Peacekeeping Works Evidence of Effectiveness 104 CHAPTER SIX: How Peacekeeping Works Causal Mechanisms from the Perspective of the Peacekept 127 CHAPTER SEVEN: Conclusion and Implications 172 APPENDIX A: The Data 181 APPENDIX B: Predicting the Degree of Difficulty of Maintaining Peace 187 REFERENCES 191 INDEX 207
£22.50
Princeton University Press Contracting States
Book SynopsisUsing the concept of 'incomplete contracts' - agreements that are intentionally ambiguous and subject to renegotiation, this title explains how states divide and transfer their sovereign territory and functions, and demonstrates why some of these arrangements offer stable and lasting solutions while others ultimately collapse.Trade Review"Contracting States sheds new light on the changing nature of state sovereignty, examining how sovereignty is frequently divided and explaining that how this is done has important later consequences for the actors involved... Contracting States is an important book that warrants the attention of international relations scholars."--Richard W. Mansbach, Perspectives on PoliticsTable of ContentsList of Illustrations and Tables ix Preface xi Chapter 1. Incomplete Sovereignty and International Relations 1 Chapter 2. A Theory of Incomplete Contracting and State Sovereignty 19 Chapter 3. Severing the Ties That Bind: Sovereign Transfers in the Shadow of Empire 48 Appendix 3.1. Overseas Basing Deployments of France and Britain since 1970 97 Chapter 4. Incomplete Contracting and the Politics of U.S. Overseas Basing Agreements 100 Chapter 5. Incomplete Contracting and Modalities of Regional Integration 142 Chapter 6. Further Applications and Conclusions 186 Bibliography 207 Index 225
£31.50
Princeton University Press Powerplay
Book SynopsisTrade Review"Powerplay is an illuminating and important book that should help to guide policy makers as they try to cope with the greatest challenge to the American alliance system in Asia since it was created some seven decades ago: the rise of a power, China, that wants to shake it up."--Richard Bernstein, Wall Street Journal "Cha has embedded a lively narrative of post-World War II diplomatic history inside a thought-provoking analytic framework."--Andrew Nathan, Foreign Affairs "Masterful... Deft and seamless mixture of theory, historical analysis, and policy prescription."--Ben Rimland, Washington Free Beacon "Cha's Powerplay demonstrates an incredible depth and breadth of knowledge, solid research, and accessible analysis. It is an excellent backgrounder for context on the history and evolution of U.S. alliances in Asia... Powerplay successfully answers its central question: Why aren't America's Asian alliances built the same as in Europe?"--Daniel Runde, Foreign PolicyTable of ContentsList of Illustrations and Tables ix Preface xi A Note to the Reader xv 1 The Puzzle 1 2 The Argument: Powerplay 19 3 Origins of the American Alliance System in Asia 40 4 Taiwan: "Chaining Chiang" 65 5 Korea: "Rhee-Straint" 94 6 Japan: "Win Japan" 122 7 Counterarguments 161 8 Conclusion: US Alliances and the Complex Patchwork of Asia's Architecture 185 Notes 221 Bibliography 293 Index 323
£29.75
Princeton University Press Why Adjudicate
Book SynopsisThe World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. This title investigates the domestic politics behind the filing of WTO complaints, and reveals why formal dispute settlement creates better outcomes for governments and their citizens.Trade ReviewWinner of the 2014 Masayoshi Ohira Memorial Prize, Masayoshi Ohira Memorial Foundation Winner of the 2013 International Law Best Book Award, International Law Section of the International Studies Association Co-Winner of the 2013 Chadwick F. Alger Prize, International Studies Association "Why Adjudicate is a must-read for any scholar interested in legalization of world politics, the role of international courts and the mechanisms of trade policy. I am sure this book will inspire these research programs and the field of International Political Economy for years to come."--Manfred Elsig, Review of International Organizations "Christina L. Davis provides an insightful and careful analysis of the domestic underpinnings of international trade law litigation. Why Adjudicate? fills a real gap in the literature by examining the factors that both shape and determine when states pursue legal challenges before the World Trade Organization's dispute-settlement mechanism... Focusing on the United States and Japan as her primary case studies, she has completed an exceptional and valuable study that will be read by both scholars and professionals for years to come."--Jacqueline Krikorian, Perspectives on Politics "The book provides a cogent and compelling domestic logic... Davis' book, a solid contribution by one of today's leading trade scholars, is also valuable for directing greater attention to how members navigate the multilateral trade regime, which is as important as the judicial activism of its arbitration panels. The book's findings have implications not only for the future of WTO dispute settlement reform--less is better--but for the benefits of legalization more broadly."--Soo Yeon Kim, World Trade ReviewTable of ContentsList of Figures ix List of Tables x Acknowledgments xi List of Abbreviations xv Chapter 1:.Introduction 1 The Enforcement of International Trade Law 6 Overview 20 Chapter 2: Domestic Constraints and Active Enforcement 26 Trade Institutions and Liberalization 29 Political Origins of Demand for Trade Enforcement 39 Hypotheses for Trade Strategies 57 Conclusion 60 Chapter 3. The Democratic Propensity for Adjudication 62 Why Are Democracies Litigious? 66 Data 72 Democratic Challengers 80 Democratic Defendants 88 Alliances and Dyadic Dispute Patterns 92 Conclusion 100 Chapter 4:The Litigious State: U.S. Trade Policy 102 U.S. Role as Enforcer of Multilateral Trade Rules 104 Legislative Constraints in U.S. Trade Policy 111 The Kodak-Fuji Film Dispute 118 Foreign Trade Barrier Dataset 123 Statistical Analysis of U.S. Forum Choice 132 Boeing-Airbus Dispute 138 The China Problem 158 Conclusion 182 Chapter 5: The Reluctant Litigant: Japanese Trade Policy 185 Defending Market Access for Japanese Exports 187 Delegation in Japanese Trade Policy 195 Statistical Analysis of Japanese Forum Choice 210 Active Adjudication Targeting U.S. Steel Protection 225 Other Solutions for China 233 Conclusion 241 Chapter 6: Conflict Management: Evaluating the Effectiveness of Adjudication 244 Solving Hard Cases 246 Analysis of Progress to Remove Barrier 248 Analysis of Trade Dispute Duration 253 Conclusion 256 Chapter 7: Level Playing Field? Adjudication by Developing Countries 258 Peru Challenges European Food Labeling 262 Vietnam and the Catfish Dispute 267 Conclusion 279 Chapter 8: Conclusion 281 The Political Role of Adjudication 281 Conflict and Cooperation 293 Toward a Broader Theory of Legalization 297 Bibliography 301 Index 319
£38.25
Princeton University Press How Statesmen Think
Book SynopsisRobert Jervis has been a pioneering leader in the study of the psychology of international politics for more than four decades. How Statesmen Think presents his most important ideas on the subject from across his career. This collection of revised and updated essays applies, elaborates, and modifies his pathbreaking work. The result is an indispensTrade 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
£78.20
MN - University of British Columbia Press Assessing Treaty Performance in China Trade and
Book SynopsisThis volume examines the normative and operational dimensions of China’s legal performance related to international standards on trade and human rights.Table of ContentsPrefaceIntroduction1 Encounters with International Trade Standards: China and the WTO2 Performance of International Trade Standards I: Contract Law in China3 Performance of International Trade Standards II: Property Law in China4 Encounters with International Human Rights Standards5 Treaty Performance on Human Rights: Sustainability and Social JusticeConclusionAppendicesNotesIndex
£26.99
MB - Cornell University Press Playing the Market
a huge range and FREE tracked UK delivery on ALL orders.
£58.50
Cornell University Press Playing the Market
Book SynopsisIn the 1980s and 1990s, Nicolas Jabko suggests, the character of European integration altered radically, from slow growth to what he terms a quiet revolution. In this book he traces the political strategy that underlay the move from the Single Market of 1986 through the official creation of the European Union in 1992 to the coming of the euro in 1999. The official, shared language of the political forces behind this revolution was that of market reformsyet, as Jabko notes, this was a very strange market revolution, one that saw the building of massive new public institutions designed to regulate economic activity, such as the Economic and Monetary Union, and deeper liberalization in economic areas unaffected by external pressure than in truly internationalized sectors of the European economy.What held together this remarkably diverse reform movement? Precisely because the market wasn''t a single standard, the agenda of market reforms gained the support of a vast and heterogenTrade ReviewPlaying the Market is an excellent book that deserves a wide audience of political scientists, economists, and policymakers. It is ambitious, insightful, novel, and persuasive and should stand the test of time. * Perspectives in Politics *For those bent on solving the last remaining mysteries of European integration, Playing the Market is a must. * Journal of Common Market Studies *Why did the European Union (EU) rapidly embark on the path to a single market with a common currency during the 1980s and 1990s? Playing the Market addresses this important and popular question in an exceptional way. It is an engaging book with a new approach that can be effectively applied to other areas of European integration such as political or security integration. * Comparative Political Studies *
£21.84
Cornell University Press International Regimes
Book SynopsisIn this volume, fourteen distinguished specialists in international political economy thoroughly explore the concept of international regimes—the implicit and explicit principles, norms, rules, and procedures that guide international behavior. In the...
£999.99
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
Cornell University Press Lawmaking under Pressure
Book SynopsisIn Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s.By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of Trade ReviewGiovanni Mantilla has written what will likely become a landmark history of the evolution of the Geneva Conventions. [L]ike all good works of political science, Lawmaking Under Pressure is as important for the gaps it leaves open as for the questions it resolves. * Opinion Juris *Lawmaking Under Pressure is an incredibly detailed and insightful account of the history of non-international armed conflict. Giovanni Mantilla has certainly produced a book that will be mandatory reading. * Armed Groups and International Law *Mantilla examines the process by which constraints on national sovereignty eventually came about in the context of the 'fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict'. * Law & Society Review *Recommended. Graduate students and faculty. * Choice *Lawmaking Under Pressure is a stimulating and original contribution to the historical scholarship on IHL. With an ease of writing and robustness of insight it is sure to be of lasting interest to students of international law. * Journal of International Humanitarian Legal Studies *In Lawmaking under Pressure, Mantilla deftly combines international relations theory with legal and diplomatic history to explain the processes of social pressure through which a collection of states and nongovernmental organizations broadened IHL to internal conflicts, despite the opposition of major states. Mantilla raises numerous questions for future research [and in] a time when some worry that US influence is waning, such questions portend noteworthy, practical insights. * International Studies Review *The analysis is well researched and well written and accurate in its main points. * Human Rights Quarterly *Table of ContentsIntroduction: Failure in Paris, Success in Geneva 1. Social Pressure in International Lawmaking 2. Normative Gatekeeping (1863–1921) 3. Squaring the Circle: Creating Common Article 3 (1921–1949) 4. A Winding Road to the Additional Protocols (1950–1968) 5. A Revolution in Lawmaking? (1968–1977) Conclusion: Custom and Socially-Pressured Codification
£34.20
Stanford University Press Following the Leader: International Order,
Book SynopsisNations have powerful reasons to get their military alliances right. When security pacts go well, they underpin regional and global order; when they fail, they spread wars across continents as states are dragged into conflict. We would, therefore, expect states to carefully tailor their military partnerships to specific conditions. This expectation, Raymond C. Kuo argues, is wrong. Following the Leader argues that most countries ignore their individual security interests in military pacts, instead converging on a single, dominant alliance strategy. The book introduces a new social theory of strategic diffusion and emulation, using case studies and advanced statistical analysis of alliances from 1815 to 2003. In the wake of each major war that shatters the international system, a new hegemon creates a core military partnership to target its greatest enemy. Secondary and peripheral countries rush to emulate this alliance, illustrating their credibility and prestige by mimicking the dominant form. Be it the NATO model that seems so commonsense today, or the realpolitik that reigned in Europe of the late nineteenth century, a lone alliance strategy has defined broad swaths of diplomatic history. It is not states' own security interests driving this phenomenon, Kuo shows, but their jockeying for status in a world periodically remade by great powers.Trade Review"Following the Leader is an exceptionally timely contribution to the scholarship on international order, and one with important policy observations for today. This is top notch scholarship: the research and analysis are deep and incisive, and conveyed with clear, crisp prose." -- Timothy Andrews Sayle * University of Toronto, author of Enduring Alliance: A History of NATO and the Postwar Global Order *"In Following the Leader, Raymond Kuo implodes the conventional wisdom that states design their alliances to meet their strategic needs. Drawing from cutting-edge network and status theories, Kuo builds a compelling argument about states' social position and alliance strategies, which he tests in cases that span geographical regions and centuries." -- Stacie E. Goddard * Wellesley College *"In this groundbreaking book, Raymond Kuo probes the deep logic and diverse patterns of alliance cooperation. Theoretically innovative, methodologically sophisticated, and rich in historical case studies, Following the Leader illuminates the complex and shifting ways in which states seek security and build alliances." -- G. John Ikenberry * Princeton University *Table of ContentsContents and Abstracts1Transhistorical Patterns in Alliance Strategy chapter abstractGiven the dangers of war, states should carefully tailor their alliances to specific threats and constraints. We expect wide variety in security strategies and pact designs. This expectation is wrong. In any year, 75 percent of states pursue identical alliance strategies. Why do countries ignore their individuated conditions and converge on a single dominant alliance strategy? This chapter presents the book's puzzle, describing patterns in alliance design from 1715–2003. 2The Theory of Strategic Alliance Diffusion chapter abstractThis chapter offers a social theory of diffusion to explain the dominant alliance strategy. Major wars shatter the international system. Into this breach, a new hegemon creates a core pact targeting its central security challenge. This partnership becomes the standard for credible and legitimate security policy in the postwar environment. Secondary countries copy its strategy to demonstrate the credibility of their own alliances. Peripheral nations emulate to acquire international status and prestige. 3The Diffusion of Alliance Strategy: Systemic Patterns and Evidence chapter abstractThis chapter uses quantitative analysis to determine that the core alliance systematically produces the dominant strategy. Seven statistical tests probe the theory's causal foundations and mechanisms, providing reinforcing support for the book's argument. The dominant strategy is statistically linked to social proof and validation, credibility concerns, international norms, and legitimacy. 4Great Powers and Strategic Constraints: The Bismarckian Era, 1873–1890 chapter abstractThe book's first case study demonstrates how the dominant strategy constrains even the great powers' alliance choices. It explores the core European pacts between Germany, Austria-Hungary, and Russia from 1873–1890. These countries repeatedly established alliances to solidify their security relations, and they repeatedly failed. Austria-Hungary prevented Germany from displacing it from the heart of Berlin's alliance strategy. Consequently, these three conservative empires were unable to manage deep, intra-allied disputes. Network constraints prevented the fluid, transactional balancing strategies, contributing to World War I's onset. 5Cold War Credibility: NATO, SEATO, and CENTO, 1949–1965 chapter abstractThe second case highlights how Middle East and Southeast Asian countries pushed the United States to create NATO-like security institutions in their regions early in the Cold War. These countries evaluated American reliability based on alliance emulation: only strategies matching NATO's design signaled commitment. Washington's refusal to adopt the Atlantic Alliance's strategy in other alliances undermined efforts to demonstrate resolve and consolidate power against the Soviet Union. 6Diffusion to the Periphery: Security Cooperation in Southern Africa, 1992–2004 chapter abstractThe final case details the role of alliance construction in southern Africa's status-building policy following the Cold War. Suddenly bereft of superpower patronage, these countries viewed NATO and Europe more broadly as the most effective strategy to foster military security and economic development in their region. But southern Africa was politically unsuited to such a strategy, leading states to seize alliance leadership to advance their own unilateral policies. These countries nevertheless continued to model NATO to legitimate their security strategy and foreign policy goals. 7The Dominant Strategy and Alliance Failure chapter abstractCopying the dominant strategy reduces the risk of alliance failure by one-third. This chapter leverages statistical methods to link emulation to security behavior. Military partnerships are more reliable and cohesive when they converge on a single, socially accepted standard of credible and legitimate cooperation. Scholars often assume that institutionalization enhances reliability. This chapter demonstrates that such assumption is only true when the core alliance is itself institutionalized. If not, formal coordination can increase the risk of alliance failure by 26.46 percent. 8The Dominant Alliance Strategy: Policy Implications and Theoretical Extensions chapter abstractThis concluding chapter calls for a "NATO in Asia" as the only credible demonstration of American commitment to the region against an assertive China. It draws out policy implications from the theory for international order, the feasibility and drawbacks of transactional foreign policies, and major war.
£57.60
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
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 Transboundary Environmental Governance in Asia:
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
£116.00
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 The Intersection of International Law and
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
£92.00
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 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
