Public international law Books

Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law.Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.Trade Review‘Neal D. Fortin is a gifted teacher. Fortin’s clarity of thought and expression, organization, and insight, which have long marked his teaching and leadership in international food law, are displayed vividly in this much needed book. Advanced Introduction to International Food Law is a terrific primer for the beginning food law scholar seeking to understand the framework of international food law and an essential resource for the seasoned food law scholar to consult frequently for information and context.’ -- Michael T. Roberts, University of California, Los Angeles, USTable of ContentsContents: 1. Introduction and background 2. International food law at a glance 3. The law of international food trade 4. The WTO agreements and dispute settlement 5. Convergence, divergence, and complexity in global food law 6. Final thoughts Further Reading Index

Read more less

Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law.Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.Trade Review‘Neal D. Fortin is a gifted teacher. Fortin’s clarity of thought and expression, organization, and insight, which have long marked his teaching and leadership in international food law, are displayed vividly in this much needed book. Advanced Introduction to International Food Law is a terrific primer for the beginning food law scholar seeking to understand the framework of international food law and an essential resource for the seasoned food law scholar to consult frequently for information and context.’ -- Michael T. Roberts, University of California, Los Angeles, USTable of ContentsContents: 1. Introduction and background 2. International food law at a glance 3. The law of international food trade 4. The WTO agreements and dispute settlement 5. Convergence, divergence, and complexity in global food law 6. Final thoughts Further Reading Index

Read more less

Book SynopsisIn seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings?Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation.The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.Trade Review‘A book like no other. Steeped in wisdom – philosophical, practical, personal – it takes the reader on a Socratic journey into the most difficult of problems facing individuals, societies, and humanity as a whole: how to reconcile over a common future in the aftermath of conflict.’ -- Kjersti Lohne, University of Oslo, Norway‘Bert van Roermund channels his inner Socrates into a wide-ranging series of dialogues on the nature of justice and reconciliation in the aftermath of violence, war and atrocity. Van Roermund steers well clear of offering any trite and easy answers. Each of the lifelike conversations illuminates and the Socratic voices illustrate the pivotal importance of the process of thinking together on such subjects. In a time of echo chambers and moral grandstanding van Roermund's work offers some welcome and much needed antidote.’ -- Antony Pemberton, Leuven Institute of Criminology, BelgiumTable of ContentsContents: Participants Prologue: A letter from Socrates. Dialogue 1 Stages and sequences? Dialogue 2 Never again Dialogue 3 Restoring what has never been Dialogue 4 Dissimultaneity Dialogue 5 Simultaneity Dialogue 6 Time before time Dialogue 7 Time beyond time Epilogue Postscript and acknowledgements References Index

Read more less

Book SynopsisThe second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.Table of ContentsContents: Preface 1. International law: history, theory and purpose 2. Specialist areas of international law 3. International law-making: the sources of international law 4. The relationship between international and national law 5. The subjects of international law: states 6. Other subjects of international law: non-state actors and international law’s evolution 7. Jurisdiction privileges and immunities 8. State responsibility 9. International law and the use of force 10. Pacific resolution of disputes Index

Read more less

Book SynopsisThe second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.Table of ContentsContents: Preface 1. International law: history, theory and purpose 2. Specialist areas of international law 3. International law-making: the sources of international law 4. The relationship between international and national law 5. The subjects of international law: states 6. Other subjects of international law: non-state actors and international law’s evolution 7. Jurisdiction privileges and immunities 8. State responsibility 9. International law and the use of force 10. Pacific resolution of disputes Index

Read more less

Book SynopsisPresenting a thorough examination of intelligence activities in international law, Sophie Duroy provides theoretical and empirical justifications to support the cutting-edge claim that states’ compliance with international law in intelligence matters serves their national security interests. This book theorises the regulation of intelligence activities under international law, identifying three layers of regulation: a clear legal framework governing intelligence activities (legality); a capacity to enforce state responsibility (accountability); and the integration of legality and accountability into responsive regulation by the international legal order (compliance). The empirical relevance of these three layers of regulation is demonstrated through in-depth case studies of state responsibility in the CIA-led war on terror and an analysis of the accountability of Djibouti, the Gambia, Poland, the United Kingdom, and the United States for conduct in the CIA-led war on terror. Overall, the author shows that the most reliable path to long-term national security is the effective regulation of intelligence activities under international law. Making an original contribution to existing theories of compliance and regulation, as well as the law of state responsibility and its enforcement, this book will be essential for students and scholars of public international law, human rights, intelligence and security studies, and international relations. It will also be a valuable resource for practitioners of international law with an interest in intelligence, state responsibility, and terrorism and security law.Trade Review‘This exceptionally rich book deals with important and topical issues of international law and human rights, namely the international law governing intelligence agencies and their oversight, as well as accountability for the phenomenon of secret detention and torture in the so-called war on terror. It manages to combine the treatment of these two themes into a single coherent line of research. But the study does much more than that. It is methodologically highly diverse and advanced, combining doctrinal legal analysis with behavioural approaches concerning state compliance and developing models of semi-quantification and network analysis to explain why and how accountability matters for whether states choose to comply with international law. On the basis of these different but intertwined lines of research, it then argues that compliance with international law serves the national security interests of states. The outcome is highly impressive, signalling the author’s emergence as a prominent scholar, an innovative and original thinker, and a theorist.’ -- Martin Scheinin, University of Oxford, UK‘International regulation of the second oldest profession was long characterised by hypocrisy: states denounced what they routinely (if clandestinely) did themselves. In this book, Sophie Duroy argues that the years after September 11, 2001, put enormous pressure on the nascent norms regulating intelligence activities — and, counter-intuitively, strengthened those norms as a result.’ -- Simon Chesterman, National University of Singapore‘Dr Duroy’s book provides a sophisticated analysis of the application of international law to the work of the intelligence community. But more than that, it explores how states can be held accountable for their unlawful intelligence activities. By focusing on issues of accountability and compliance, this book brings new research to the debate and should be widely read by security studies scholars, international lawyers, practitioners, and policymakers.’ -- Russell Buchan, University of Sheffield, UKTable of ContentsContents: 1. Introduction to The Regulation of Intelligence Activities under International Law PART I LEGALITY 2. Intelligence activities and international law 3. Mapping state responsibility in the CIA war on terror PART II ACCOUNTABILITY 4. International legal accountability for an internationally wrongful act resulting from intelligence activities 5. Effective accountability 6. International legal accountability in the CIA war on terror PART III COMPLIANCE 7. State compliance with international law in intelligence matters: a behavioural approach 8. Epilogue: comprehensive regulation in the twenty-first-century security landscape Index

Read more less

Book SynopsisThe increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation.Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. WalkerTrade Review'For a subject the editors acknowledge to be as yet unformed, this book provides an impressive collection of substantive contributions, offering sometimes tentative, sometimes bold perspectives that range across its contested terrain. The immense significance of the subject and its potentially far-reaching implications are clearly accessible through the quality of these contributions. The prospects for an informed appreciation of the subject's future development are reinforced by the editors' own careful introductory commentary and measured concluding reflections.' --Andrew Halpin, National University of SingaporeTable of ContentsContents: Introduction Roger Cotterrell and Maksymilian Del Mar PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES 1. Authority, Solid and Liquid, in Postnational Governance Nico Krisch 2. Claims to Authority, Legal Systems, and Dynamic Social Phenomena Keith Culver and Michael Giudice 3. The Modern State and the Concept of Authority Michel Troper 4. Law’s Authority and Overlapping Jurisdictions Haris Psarras PART II CONSTITUTIONALISM AND PLURALISM 5. The Antinomies of Constitutional Authority Neil Walker 6. The Evolution of Global Legal Pluralism Paul Schiff Berman PART III HISTORICISING AUTHORITY 7. Informal Authorities in European Private Law Nils Jansen 8. Imaginaries of Authority: Towards an Archaeology of Disagreement Maksymilian Del Mar PART IV METHODS: NORMATIVE, SOCIOLOGICAL, AND ANTHROPOLOGICAL 9. Transnational Legal Authority: A Socio-Legal Perspective Roger Cotterrell 10. From Authority to Authorities: Bridging the Social / Normative Divide Nicole Roughan 11. When Transnational Authority is Contingent: Three African Instances Sally Falk Moore PART V THE PRIVATISATION OF AUTHORITY AND THE INTERNATIONAL ECONOMY 12. Theorising Transnational Authority: A Private International Law Perspective Horatia Muir Watt 13. Expertise and Authority in Transnational Governance Sigrid Quack Concluding Reflections: Transnational Futures of Authority Roger Cotterrell and Maksymilian Del Mar Index

Read more less

Book SynopsisInspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date.Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.Table of ContentsContents: Preface to the French Edition Introduction: structure of this book. General classification of doctrines of international law 1. The theoretical denial of the character of law to the law of nations 2. Doctrines that conceive of the law of nations as a category of imperfect law 3. The law of nations, inter-State law founded on the Will of States 4. The law of nations in Hans Kelsen’s ’Pure theory of law’ system 5. Doctrines based on sociology 6. The law of nations and natural law 7. The ‘eclectic’ doctrines of the post-War period bibliography Index

Read more less

Book SynopsisInternational claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them. Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes. This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.Trade Review‘International claims commissions rank among the most important and effective, but least well-understood, international dispute resolution mechanisms. They vary widely across history, based on political context, practical necessities, and compensatory needs of the claimant populations. This comprehensive and useful Research Handbook, authored by knowledgeable authors and edited by a trio of talented expert practitioners, assesses past claims commissions in search of specific institutional features that will aid future policymakers to design the right commission for the next global crisis.’ -- Harold Hongju Koh, Yale Law School, US‘International claims entailing widespread losses (such as from armed conflict) are a poor fit for traditional international tribunals, which struggle to provide cost-effective and expeditious remedies. The Research Handbook on International Claims Commissions explains how mass-claims programs have emerged as an important alternative, carefully probing their salient characteristics and thoughtfully postulating their future.’ -- Sean D. Murphy, George Washington University Law School, US‘As a veteran of international claims commissions, I know that good resources are limited. The editors of this new book have collected the right contributors, and organized the material in the right way, to maximize “Learning from the Past, Looking at the Future.” When the next claims commission comes about, this book will be a godsend.’ -- Lucy Reed, Arbitration Chambers, USTable of ContentsContents: Preface 1 International claims commissions: learning from the past, looking at the future Chiara Giorgetti, Patrick W. Pearsall and Hélène Ruiz-Fabri 1 PART I CLAIMS COMMISSIONS IN CONTEXT 2 Historical overview of international claims commissions 17 Makane Moïse Mbengue 3 The US–Mexico Mixed Claims Commissions 55 Frédéric Mégret and Nicole Maylor 4 The Iran–US Claims Tribunal 75 Bruno Simma and Jan Ortgies 5 The United Nations Compensation Commission 90 Norbert Wühler 6 The first mass settlement of real property claims: the CRPC for Bosnia 113 Hans van Houtte 7 The Eritrea–Ethiopia Claims Commission 127 Namira Negm PART II CLAIMS COMMISSIONS AS DISPUTE RESOLUTION TOOLS 8 Institutional design: how states create claims commissions and why 150 Timothy J. Feighery and Jason Rotstein 9 The multiple roles of States in international claims commissions 176 Jeremy K. Sharpe 10 The role of secretariats 200 Dirk Pulkowski and Scott Falls 11 Mass claims processes: institutional design issues 222 John R. Crook 12 Sovereign authority to establish international claims commissions: issues related to international legal personality, diplomatic protection, and domestic liability 239 Lee M. Caplan and Yateesh Begoorevii 13 Procedural issues: remedies and enforcement—ensuring the effective enforcement of mass claims 257 Aloysius P. Llamzon and Diana A. A. Reisman PART III CLAIMS COMMISSIONS FOR THE NEXT CENTURY 14 The United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory 277 Ronald J. Bettauer 15 Creating an international compensation mechanism for Ukraine 292 Chiara Giorgetti and Patrick W. Pearsall 16 Claims commissions and the resolution of international environmental law disputes 309 Natalie Klein 17 Claims commissions and investment obligations 330 Angeline Welsh Index 340

Read more less

Book SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.Trade Review‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law. This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, USTable of ContentsContents: 1 Intersections of law and culture at the International Criminal Court: Introduction 1 Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don’t: culture at the International Criminal Court 14 Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE 3 How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38 Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59 Vicky Breemen and Kelly Breemen 5 Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81 Martyna Fałkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the International Criminal Court 102 Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE 7 ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127 Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147 Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169 Suzanne Schot 10 The power of culture and judicial decision-making at the International Criminal Court 190 Gregor Maučec 11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209 Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE 12 In defence of culture: should defences based on culture apply at the ICC? 229 Noelle Higgins 13 Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249 Phoebe Oyugi and Owiso Owiso 14 ‘Culture’ and sentencing at the International Criminal Court 268 Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288 Fiona McKay PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY 16 The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312 Ingrid Roestenburg-Morgan 17 ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337 Brianne McGonigle Leyh 18 Asia’s reluctance to join the ICC: who is jilted by whom? 358 Nikhil Narayan 19 Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378 Julie Fraser 20 Afterword: culture, genuine and juridical 397 Mark Goodale Index

Read more less

Book SynopsisThis Commentary provides the first comprehensive and holistic analysis of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice. Contributions from more than 50 leading international academics and practitioners in the field. A set of thematic chapters dwelling on crucial issues such as intersectionality, reproductive rights, and cyber violence. Analyses of the content of each article against the background of relevant international documents such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This Commentary will be a vital resource for academics and researchers focused on preventing and countering violence against women, whether in the fields of public international law, gender studies, feminist legal studies, criminal law, or European law. Interdisciplinary in perspective andintersectional in approach, lawyers, judges, state officials, policymakers and providers of victim support services will find the Commentary’s analysis an invaluable tool for the implementation of the Istanbul Convention.Trade Review‘This book provides a masterful overview of the Istanbul Convention, with its article-by-article commentaries, critical assessments of its strength and weaknesses, and comparisons with other -- legal regimes to combat violence against women. Taken as a whole, this book clarifies and illuminates, and is a necessary resource for anyone working in this area.’– Rebecca J. Cook, University of Toronto, CanadaTable of ContentsContents: Foreword xxxiii Hilary Charlesworth and Christine Chinkin Foreword xxxvi Dubravka Šimonović Introduction to Preventing and Combating Violence Against Women and Domestic Violence 1 Sara De Vido and Micaela Frulli SECTION I THE ISTANBUL CONVENTION: BACKGROUND AND CONTEXTUALIZATION A The Istanbul Convention from an Intersectional Perspective 5 Lorena Sosa and Ruth Maria Mestre i Mestre B The Istanbul Convention in Times of Emergency 22 Deborah Russo C The Istanbul Convention through the Lens of the Americas and Africa 34 Rosa Celorio D The Possibilities of the Regional Human Rights Mechanism for Promotion and Protection of Women’s Rights to be Free from Violence: The Asian case 50 Yoko Hayashi E Embracing Gender Parity at International and European Level 62 Elisa Fornalè SECTION II COMMENTARY ARTICLE BY ARTICLE P The Preamble 75 Laura Candiotto CHAPTER I PURPOSES, DEFINITIONS, EQUALITY AND NON-DISCRIMINATION, GENERAL OBLIGATIONS 1 Purposes of the Convention 85 Sara De Vido and Micaela Frulli 2 Scope of the Convention 95 Micaela Frulli 3 Definitions 108 Victor Manuel Merino-Sancho 4 Fundamental rights, equality and non-discrimination 123 Lourdes Maria Peroni 5 State obligations and due diligence 136 Alice Ollino 6 Gender-sensitive policies 147 Lourdes Maria Peroni CHAPTER II INTEGRATED POLICIES AND DATA COLLECTION 7 Comprehensive and co-ordinated policies 154 Marina Calloni and Daniela Belliti 8 Financial resources 164 Francesca Cerulli 9 Non-governmental organizations and civil society 175 Enzamaria Tramontana 10 Co-ordinating body 185 Sara Dal Monico 11 Data collection and research 195 Biljana Brankovic CHAPTER III PREVENTION 12 General obligations 212 Marcella Ferri 13 Awareness-raising 224 Mathias M.schel 14 Education 235 Katarzyna Sękowska-Kozłowska 15 Training of professionals 246 Albena Koycheva 16 Preventive intervention and treatment programmes 256 Cristina Oddone 17 Participation of the private sector and the media 268 Federico Faloppa CHAPTER IV PROTECTION AND SUPPORT 18 General obligations 285 Alice Riccardi 19 Information 298 Gema Fern.ndez Rodr.guez de Li.vana and Keina Yoshida 20 General support services 310 22 Specialist support services 23 Shelters 24 Telephone helplines 25 Support for victims of sexual violence Bonita Meyersfeld and Francesca Sironi De Gregorio 21 Assistance in individual/collective complaints 333 Lisa Gormley 26 Protection and support for child witnesses 339 31 Custody, visitation rights and safety Elisabetta Bergamini and Laura Lizzi 27 Reporting 356 28 Reporting by professionals Chiara Angiolini CHAPTER V SUBSTANTIVE LAW 29 Civil lawsuits and remedies 366 Marc Julien Pichard 30 Compensation 374 Sara De Vido 32 Civil consequences of forced marriages 385 Angelica Bonfanti 33 Psychological violence 395 35 Physical violence Barbara Giovanna Bello 34 Stalking 423 Leonie Steinl 36 Sexual violence, including rape 432 Ludovica Poli 37 Forced marriage 447 Chiara Ragni 38 Female genital mutilation 458 Ruth Maria Mestre i Mestre 39 Forced abortion and forced sterilisation 470 Daniela Alaattinoğlu 40 Sexual harassment 481 Valeria Tevere 41 Aiding or abetting and attempt 495 Piergiuseppe Parisi 42 Unacceptable justifications for crimes, including crimes committed in the name of so-called ‘honour’ 503 Sital Kalantry and Shireen Moti 43 Application of criminal offenses 512 Rachel Behring and Boris Burghardt 44 Jurisdiction 524 Elena Carpanelli 45 Sanctions and Measures 538 Kalika Mehta 46 Aggravating circumstances 548 Luca Poltronieri Rossetti 47 Sentences passed by another Party 559 Luca Poltronieri Rossetti 48 Prohibition of mandatory alternative dispute resolution processes or sentencing 568 Marc Julien Pichard CHAPTER VI INVESTIGATION, PROSECUTION, PROCEDURAL LAW AND PROTECTIVE MEASURES 49 General obligations 577 Johanna Niemi 50 Immediate response, prevention and protection 585 Johanna Niemi 51 Risk assessment and risk management 590 Piergiuseppe Parisi 52 Emergency barring orders 600 53 Restraining or protection orders Johanna Niemi 54 Investigations and evidence 610 Arianna Vettorel 55 Ex parte and ex officio proceedings 620 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 56 Measures of protection 630 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 57 Legal aid 642 Lucia Parlato 58 Statute of limitation 654 Piergiuseppe Parisi CHAPTER VII MIGRATION AND ASYLUM 59 Residence status 661 Vladislava Stoyanova 60 Gender-based asylum claims 672 Fulvia Staiano 61 Non-refoulement 681 Anne Lagerwall and Mona Aviat CHAPTER VIII INTERNATIONAL CO-OPERATION 62 General principles 696 63 Measures relating to persons at risk 64 Information Ester di Napoli and Francesca Maoli 65 Data protection 716 Alessandro Bernes CHAPTER IX MONITORING MECHANISM 66 Group of experts on action against violence against women and domestic violence 728 67 Committee of the Parties 68 Procedure 69 General recommendations 70 Parliamentary involvement in monitoring Ronagh McQuigg 70A Locating GREVIO in the realm of international and regional human rights monitoring mechanisms 755 Martina Buscemi CHAPTER X RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS 71 Relationship with other international instruments 771 Sara De Vido CHAPTER XI AMENDMENTS TO THE CONVENTION 72 Amendments 780 Wojciech Burek CHAPTER XII FINAL CLAUSES 73 Effects of this Convention 789 Alexandra David 74 Dispute settlement 798 Alexandra David 75 Signature and entry into force 804 76 Accession to the Convention 804 Eug.nie d’Ursel 76A Israel’s (Possible) Accession to the Istanbul Convention 821 Ruth Halperin-Kaddari 77 Territorial application 824 Eugénie d’Ursel 78 Reservations 830 79 Validity and review of reservations Wojciech Burek 80 Denunciation 846 81 Notification Karolina Prażmowska 80A A Tale of the Opposites: Denunciation and Implementation of the Istanbul Convention in Turkey 858 Aslıhan Tekin SECTION III CRITICAL ASSESSMENTS OF SHORTCOMINGS OF THE ISTANBUL CONVENTION: SELECTED ISSUES F Smart-locking up women: Internet of Things (IoT) perpetration in domestic violence 864 Adriane van der Wilk G Prostitution: A Missed Opportunity? 878 Elisa Camiscioli H Sexual and reproductive health rights in the Istanbul Convention: An inadequate approach? 888 Lucía Berro Pizzarossa

Read more less

Book SynopsisThis major book - edited by a leading authority - presents a careful selection of papers which analyse international law from a rational choice perspective. Interdisciplinary in scope, it includes work by professors in law, political science and economics. It addresses the proposition that states act rationally and behave in ways that are in the interest of their populations or internal groups. Topics include international adjudication, human rights law, compliance with international law, sanctions andinternational legal responsibility.The book will be an essential source of reference for scholars and students working in international law, international relations and related fields.Table of ContentsContents: Acknowledgements Introduction Eric A. Posner PART I COMPLIANCE 1. Jack L. Goldsmith and Eric A. Posner (1999), ‘A Theory of Customary International Law’ 2. Andrew T. Guzman (2002), ‘A Compliance-Based Theory of International Law’ PART II TREATIES 3. Oona A. Hathaway (2002), ‘Do Human Rights Treaties Make a Difference?’ 4. Francesco Parisi and Catherine Ševčenko (2003), ‘Treaty Reservations and the Economics of Article 21(1) of the Vienna Convention’ 5. Zachary Elkins, Andrew T. Guzman and Beth A. Simmons (2006), ‘Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960–2000’ PART III INSTITUTIONS 6. Kenneth W. Abbott, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal (2000), ‘The Concept of Legalization’ 7. Andrew T. Guzman (2002), ‘The Cost of Credibility: Explaining Resistance to Interstate Dispute Resolution Mechanisms’ 8. Eric A. Posner and John C. Yoo (2005), ‘Judicial Independence in International Tribunals’ 9. Giovanni Maggi and Massimo Morelli (2006), ‘Self-Enforcing Voting in International Organizations’ 10. Alan O. Sykes (2005), ‘Public versus Private Enforcement of International Economic Law: Standing and Remedy’ 11. Eric A. Posner and Alan O. Sykes (2007), ‘An Economic Analysis of State and Individual Responsibility Under International Law’ PART IV SECURITY 12. Jonathan Eaton and Maxim Engers (1992), ‘Sanctions’ 13. Todd Sandler and Keith Hartley (2001), ‘Economics of Alliances: The Lessons for Collective Action’ 14. Eric A. Posner and Alan O. Sykes (2005), ‘Optimal War and Jus ad Bellum’

Read more less

Book SynopsisThis highly topical book analyses the conflicts between different regulatory regimes governing online gambling in the international context and how these affect the cross-border provision of online gambling.States fundamentally disagree on how to regulate gambling, for moral, religious and social reasons, and therefore regulatory regimes differ, ranging from the prohibitionist to the permissive. The authors examine the latest legislation and cases concerning online gambling by comparing different regulatory models. They also explain conflict of laws issues, including which state or court is competent, which law is applicable, and what rules govern enforcement in cross-border e-gambling disputes. Invaluably, the book makes sense of the myriad of cases in the EU internal market and the WTO.This unique book represents a detailed examination of the international law issues of cross-border online gambling. It will prove to be useful for academic scholars as well as postgraduate and advanced undergraduate students. Legal advisors within the gambling sector, regulators and policymakers, government departments and agencies, as well as intergovernmental and international organizations will also find this book an enriching resource.Trade Review‘This engaging book, written in an accessible and concise manner, methodically unravels the complexities of regulating cross-border online gambling. The focus of the well-researched materials highlights the tensions which arise between the execution of national policies and the international ubiquity of internet-based trade. With well thought out examples the narrative illustrates how national policy choices clash with one another, not only via attempts to liberalize markets but also through the application of rules of private international law.’ -- Alan Littler, Tilburg University, The Netherlands‘An incredibly impressive guide to the regulation of cross-border online gambling. An added attraction is the insightful coverage of the theory and history of online gambling in key jurisdictions, which will be relevant for years to come.’ -- Danny Preiskel, Preiskel & Co, UK‘In this excellent commentary on the law and policy of online gambling, Julia Hörnle and Brigitte Zammit introduce readers to an evolving and complex regulatory matrix. Starting with national policy positions towards gambling - positions that articulate as various shades of prohibition and permission, together with different degrees of preference for domestic over foreign providers - we are taken into the borderless world of online casinos, betting services, and the like. How are national regulators to impose their will on such service providers; to what extent are they constrained by the rules of regional and international trading clubs; and how does the new generation of European conflicts rules (Brussels I and Rome I and II) fit in this matrix? The authors are to be congratulated on bringing the regulatory issues clearly into focus, as well as succeeding in engaging the reader’s interest in both the larger policy questions and the doctrinal detail.’ -- Roger Brownsword, Kings College London, UKTable of ContentsContents: Foreword Preface 1. Introduction: What is at Stake? 2. Social Policy and Regulatory Models 3. Impact of National Regulation on Cross-Border Services 4. National Regulation of Online Gambling as a Trade Restriction 5. EU Conflicts of Law Issues – Part 1: Jurisdiction 6. EU Conflicts of Law Issues – Part 2: Applicable Law 7. EU Conflicts of Law Issues – Part 3: Enforcement of Judgments 8. Concluding Thoughts Bibliography Index

Read more less

Book SynopsisThis invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.Trade Review‘This book offers a refreshing view on cultural property law and the issue of the restitution of cultural property. The author combines an in depth analysis of the relevant international and European instruments with a clear vision of the purpose and goals of this area of law. This leads not only to a well-structured and complete overview of the area that is extremely legible, but also to a well balanced view on where policy in this area should lead us.’ -- Paul L.C. Torremans, University of Nottingham, UKTable of ContentsContents: Preface Introduction 1. Cultural Property and Restitution: The Theories of Cultural Nationalism and Cultural Internationalism 2. International Conventions 3. European Union Law 4. Other Sources of Regulation and the Role of International Organisations 5. Dispute Resolution in Cultural Property Cases 6. Evolution and Basic Trends Conclusion Bibliography Index

Read more less

Book SynopsisThe fairness of institutions of global economic governance ranks among the most pressing issues of our time. Most approaches to understanding the complex structure of treaties and intergovernmental organizations such as the WTO tend to uncritically accept an economic focus, highlighting gains from trade and the merits of progressive trade and investment liberalization. While the economic arguments are compelling, other ways of thinking about the roles of these institutions have received less attention. The Research Handbook fills this gap by offering a substantial interdisciplinary examination of the normative and policy underpinnings of the international economic order.The book includes specially commissioned chapters based on theories of justice, human rights, and critical legal studies, as well as on economics and the internal structure of international economic law itself, all written by leading scholars in their respective fields. The contributors offer an interdisciplinary approach to understanding the relationship between international economic law and policy and the rights and welfare of peoples across the globe. The end result is an essential point of reference for developing a comprehensive toolkit for evaluating the institutions of global economic governance.Containing extensive and significant interdisciplinary coverage of key areas of research on international economic law and policy, this Research Handbook will appeal to political scientists, philosophers, legal scholars, economists and international relations theorists.Contributors: G. Brock, B.S. Chimni, L.V. Ciko, P. Clements, C.M. Correa, F.J. Garcia, B. He, C.L. Lim, J. Linarelli, S.M. Lundan, A. Maneschi, H. Murphy, E.-U. PetersmannTable of ContentsContents: Introduction John Linarelli 1. Theories of Global Justice Gillian Brock 2. Human Rights and International Economic Law in the 21st Century Ernst-Ulrich Petersmann 3. Theories of Justice and International Economic Law Frank J. Garcia and Lindita V. Ciko 4. Regional Trade Agreements and the Poverty Agenda Chin Leng Lim 5. Multilateral Development Banks and the International Monetary Fund Paul Clements 6. Human Rights Issues in Multinational Value Chains Sarianna M. Lundan 7. Intellectual Property Rights and International Economic Governance Carlos M. Correa 8. Global Social Justice at the WTO? The Role of NGOs in Constructing Global Social Contracts Baogang He and Hannah Murphy 9. Critical Theory and International Economic Law: A Third World Approach to International Law (TWAIL) Perspective B.S. Chimni 10. International Trade Theory and Comparative Advantage Andrea Maneschi 11. Law, Rights and Development John Linarelli Index

Read more less

Book SynopsisThis one-of-a-kind dictionary provides a comprehensive breakdown of terms employed in the discussion of international human rights law. In addition to a list of definitions, this innovative volume also includes an appendix featuring descriptions of major treaties, documents, and other important human rights instruments, along with references on how to locate them.Students and professors of international, human rights and humanitarian law will find this volume an indispensable resource, as will government officials and other practitioners working with human rights issues.Contents: Acknowledgements Guide to the Dictionary List of Abbreviations Definitions AppendixTrade Review’Constance de la Vega's Dictionary of International Human Rights is a marvellous new human rights resource. It provides concise definitions and explanations of key human rights phrases, including specific recognised and emerging rights, relevant concepts, institutions and instruments. Human rights law has not grown in a vacuum, so some related concepts, such as from international criminal law and the law of armed conflict, are wisely included. This book will be an important addition to the libraries of human rights scholars, practitioners and advocates throughout the world.’ -- Sarah Joseph, Monash University, Australia’A powerful technical dictionary suitable for any student of international law and social issues.’ -- The Midwest Book Review’This book will be useful to students and general readers who have questions about human rights.’ -- - K.C. Fraser, Social SciencesTable of ContentsContents: Acknowledgements Guide to the Dictionary List of Abbreviations Definitions Appendix

Read more less

Book SynopsisModern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots.Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike.Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.Contributors: R. Beckman, C. Bueger, H. Friman, D. Guilfoyle, J. Kraska, J. Lindborg, P. MacDonald Eggers QC, K. Michel, A. Murdoch, M.N. Murphy, T. Treves, B. WilsonTrade Review'A number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.' --Robin Churchill, The University of Dundee, UK'Piracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.' --Malcolm Evans, University of Bristol, UKTable of ContentsContents: Preface 1. Introduction: Piracy, Law and Lawyers Douglas Guilfoyle PART I: CONTEXT 2. Piracy and Armed Robbery Against Ships in Southeast Asia Robert Beckman 3. Piracy off Somalia and Counter-piracy Efforts Douglas Guilfoyle 4. Petro-Piracy: Predation and Counter-Predation in Nigerian Waters Martin N. Murphy 5. Responses to Contemporary Piracy: Disentangling the Organizational Field Christian Bueger PART II: PIRACY AND PUBLIC LAW 6. Piracy and the International Law of the Sea Tullio Treves 7. Capture and Disruption Operations: The Use of Force in Counter-Piracy off Somalia Andrew Murdoch and Douglas Guilfoyle 8. Initiating Criminal Proceedings with Military Force: Some Legal Aspects of Policing Somali Pirates by Navies Håkan Friman and Jens Lindborg 9. Reshaping Maritime Security Cooperation: The Importance of Interagency Coordination at the National Level Brian Wilson PART III: PIRACY AND PRIVATE LAW 10. International and Comparative Regulation of Private Maritime Security Companies Employed in Counter-piracy James Kraska 11. What is a Pirate? A Common Law Answer to an Age-old Question Peter MacDonald Eggers QC 12. Insurance Protection Against Piracy Peter MacDonald Eggers QC 13. Piracy and Carriage of Goods by Sea Keith Michel PART IV: CONCLUSIONS 14. Policy Tensions and the Legal Regime Governing Piracy Douglas Guilfoyle Index

Read more less

Book SynopsisThis innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace.The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defense, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights.Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.Contributors: C. Bell, R. Cryer, C. De Cock, C. Gray, V. Hadzi-Vidanovic, M. Happold, C. Henderson, K. Hulme, D. Kritsiotis, C. Lehnardt, K. Manusama, M. Milanovic, M.E. O'Connell, A. Orakhelashvili, N. Ronzitti, T. Ruys, M. Sossai, N. Tsagourias, D. Turns, N.D. White, R. WildeTrade Review'Featuring some of the field's most expert thinkers, this is an adroitly constructed volume of essays in ''conflict and security law''. The writing here offers a distillation of the major legal projects in the area while dissolving some of international law's most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).' --Gerry Simpson, University of Melbourne, Australia'Events of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.' --James Crawford, University of Cambridge, UKTable of ContentsContents: Introduction: International Conflict and Security Law Christian Henderson and Nigel D. White 1. Conflict Prevention Kenneth Manusama 2. Disarmament and Non-proliferation Mirko Sossai 3. The Prohibition of Threats of Force Nicholas Tsagourias 4. The Prohibition of the Use of Force Mary Ellen O’Connell 5. The Centrality of the United Nations Security Council in the Legal Regime Governing the Use of Force Christian Henderson 6. A Study of the Scope and Operation of the Rights of Individual and Collective Self-defence under International Law Dino Kritsiotis 7. The Use of Force for Humanitarian Purposes Christine Gray 8. A Taxonomy of Armed Conflict Marko Milanovic and Vidan Hadzi-Vidanovic 9. Weapons Karen Hulme 10. Targets David Turns 11. Protected Persons in International Armed Conflicts Tom Ruys and Christian De Cock 12. Private Military Companies Chia Lehnardt 13. International Humanitarian Law and Human Rights Law Matthew Happold 14. War Crimes Robert Cryer 15. Peace Settlements and International Law: From Lex Pacificatoria to Jus Post Bellum Christine Bell 16. Foreign Territorial Administration and International Trusteeship over People: Colonialism, Occupation, the Mandates and Trusteeship Arrangements, and International Territorial Administration Ralph Wilde 17. Peacekeeping or War-Fighting? Nigel D. White 18. Human Rights Protection During Extra-territorial Military Operations: Perspectives on International and English Law Alexander Orakhelashvili 19. Reparation and Compensation Natalino Ronzitti Index

Read more less

Book SynopsisThe area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China. Providing comprehensive and sophisticated analysis of current Chinese conflict of laws, the authors assess the actual judicial practice and case decisions. The book takes into account the historic, political and economic background of the subject matter, as well as relevant empirical evidence and data, especially recognizing the contribution of Chinese scholars in the field. It concludes that the Chinese conflicts system has entered into the stage of modernization and proposes policy to improve efficiency, prevent local protectionism, balance internationalization and nationalization, democratize legislative process and improve judicial training and judicial practice. This timely book is invaluable resource for academics and practitioners in private international law, conflict of laws, international law, international litigation, Chinese law, and international civil and commercial matters involving China.Trade Review'This is an excellent and up-to-date book that enables the English-speaking world to get an accurate and comprehensive understanding of private international law in mainland China. The Chinese system can be said to be a mixed system, in that it is only partially governed by statute and much of the law still emerges from case law and interpretations of the law given by the Supreme People's Court. The authors point out that only in very few cases do the Chinese courts actually apply foreign law. This tendency of the judges to avoid the application of foreign law is one of several features of the Chinese system of private international law that shows the importance of judicial decisions to understanding how the system actually works. The writers rightly point out areas where Chinese private international law could be improved, with recommendations that China should liberalise its approach to recognition and enforcement of foreign judgments by adopting a de jure approach to reciprocity and by entering into multilateral treaties like the Hague Choice of Court Agreements Convention 2005.' --Paul Beaumont, University of Aberdeen, UKTable of ContentsContents: Part I Conflict of Laws in China – History and Concept 1. Conflict of Laws in China – A Historical Perspective 2. Concepts and Preliminary Questions Part II Jurisdiction, Procedure, Foreign Judgments and Awards 3. Jurisdiction in Chinese Courts 4. Declining Jurisdiction in Chinese Courts 5. Selected Procedural Issues in Foreign-Related Litigation in China 6. Recognition and Enforcement of Foreign Judgments in Chinese Courts 7. Recognition and Enforcement of Arbitral Awards in Chinese Courts Part III Choice of Law 8. Choice of Law in Contracts 9. Choice of Law in Tort 10. Choice of Law in Unjust Enrichment and Negotiorum Gestio 11. Choice of Law in Property 12. Choice of Law in Intellectual Property Part IV Interregional Conflicts and Cooperation 13 Interregional Conflicts and Cooperation between Mainland, Hong Kong, Macau and Taiwan Part V Final Remarks 14. Chinese Conflict of Laws: Past, Present and Future Index

Read more less

Book SynopsisThis peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union’s Agenda 2063. Following on from Part 1, which was highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa’s people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa’s goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, and social and rural development.Table of ContentsTowards a Competitive African Space Industry.- Remote-Sensing Applications for Mineral Mapping.- The Final Frontier: Considering the Right to Privacy in the Context of Remote Sensing.- Application of Low to Medium Resolution Data for Hydrological Modeling in Malawi.- Egypt’s Remote Sensing Land Use Classification Using Deep Learning.- Reflective Practice in the African Space Sector: The Importance of Cadre Formation.- Democratising the Signal: A Conceptual Beneficiation Model of Space Technology for Lesser Privileged Communities in Sub-Saharan Africa.- A Technical Policy and Technological Analysis of a Satellite-Hosted Blockchain System for Sustaining African Development.- On the Feasibility of Landing the Dream Chaser Space Vehicle in South Africa.- Africa’s Emerging Satellite Activities and the Registration of its Satellites.- Africa’s Emerging Satellite Activities and the Registration of its Satellites.- Outer Space Resources and African Perspective.

Read more less

Book SynopsisThis book examines and proposes a legal framework for the creation of a regional space agency for Latin America especially in regard of pivotal aspects such as institutional structures, transfer of competences and cooperation agreements facilitating Latin America to act with one voice on the international space stage. It demonstrates how the European Space Agency (ESA), as regional space agency for Europe and its experiences for more than 50 years, may serves as model for such a regional forum in Latin America in view of required structures and rules to enable common peaceful space activities on regional level for the development of Latin American states and for the benefit of their societies.Table of ContentsLatin America and the Principle of International Space Cooperation.- Towards a Latin American Space Agency.- The Creation of a Space Agency in Latin America.- The Convention of the Latin American Space Agency.

Read more less

Book SynopsisThis book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.Table of ContentsPart I General Report.- Legal Aspects of Cruises – General Report.- Part II National Reports – Europe.- Belgium: Legal Aspects of cruises from a Belgian perspective.- Bulgarie : Aspects légaux des croisières en Bulgarie.- Germany: Legal Aspects of Cruises from a German Perspective.- Poland : Legal Aspects of Cruises in Poland.- Romania: Legal Aspects of Cruises in Romania.- Spain: Legal Aspects of Cruises in Spain.- Part III. National Reports – North and South America.- Argentina: Legal Aspects of Cruises in Argentina.- Brazil: Legal Aspects of Cruises in Brazil.- USA: U.S. Perspective on the Legal Aspects of Cruises.- Uruguay: Legal Aspects of Cruises in Uruguay.- Part IV. National Reports – Asia and Euro-Asia.- Japan: Legal Aspects of Cruises in Japan.- Turkey: Legal Aspects of Cruises in Turkey.- Annex: Questionnaire on Legal Aspects of Cruises – Questionnaire sur les aspects légaux des croisières.

Read more less

Book SynopsisThis open access book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality. The authors are members of the Finnish branch of the International Law Association (ILA) and recognized experts in their particular fields and have been afforded freedom to adopt the approach they perceive as best suited to their topic. The book is aimed at a broad range of readers involved in academic research and study; lawyers working in government departments, international organizations, or private practice with an international focus; as well as policy makers and influencers in international organizations, government bodies, and non-governmental organizations.Table of ContentsIntroduction.- European Union Law and National Law: a Common Legal System?.- Reflections on the Principle of Mutual Trust in EU Law and Judicial Dialogue in Europe.- Broadening the Right to Personal Autonomy and Supported Decision-making: from International Ideas to National and European Legislation on Voluntary Measures.- The Role of the International Law Association in the Restatement and Evolution of International and National Law relating to Indigenous Peoples.- The Role of the FATF in the Evolution of Counter-terrorism Asset Freezing Laws in the Nordic Countries: We Fought the Soft Law and the Soft Law Won.- The European Space Agency’s Contribution to the Making of National Space Law.- Host states’ labour regulation in the aftermath of international investment disputes: five levels of impact and interaction.

Read more less

Book SynopsisFrom early 2020 for a period of two years at the end of which this book was written, air transport suffered unprecedented setbacks due to the COVID-19 pandemic. Although the pandemic may eventually fizzle out into another flu like occurrence, the restraint with which air transport services were offered would remain with us for a while with some practices being sustained, particularly those pertaining to public health. One of the main areas of air transport that was and will be affected significantly by the changed circumstances - is facilitation – a subject that is regulated by the Chicago Convention of 1944 and its Annex 9. This book looks in depth at the Annex as it will be applied in a post pandemic world, against its legal, socio-political, and economic impacts, addressing the Standards of the Annex on clearance of aircraft; entry and departure of passengers; and the carriage of cargo. It also discusses some critical aviation events in 2020 and 2021 that occurred as they relate to facilitation of air transport. Some of the key areas discussed are the role of ICAO; issues of public health as they relate to air transport; security of travel documents; smuggling of persons; digital technology and rights of the passenger; unruly passengers; carriage of disabled passengers; relief flights and repatriation flights; and facilities at airports.Table of ContentsPreface.- Chapter 1. Legal Basis Of Annex 9.- Chapter 2. Annex.- Chapter 3. Entry And Departure Of Persons And Their Baggage.- Chapter 4. Entry And Departure Of Cargo And Other Article.- Chapter 5. Inadmissible Persons And Deportees.- Chapter 6. Other Areas Of Interest.- Chapter 7. Conclusion.- Apendix.

Read more less

Book SynopsisThis peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union’s Agenda 2063. Following on from Part 1 to Part 3, which was highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa’s people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa’s goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, social, rural and technical development.Table of ContentsAngola Space Strategy.- Estimating Agricultural and Forest Lands for Improved Post COVID-19 Crop Production Using Open Remote Sensing.- Water Erosion Assessment using Rusle Model in Jendouba Governatorate.- Towards Sustainability and Stability: Espousing the Benefits of Space-based Solar Power Systems in Africa.- History of Space Law and South Africa’s Space Law.- Space Activities in Africa.- Development of a South African Liquid Rocket Engine Testing Platform for Academic Applications.

Read more less

Book Synopsis

Read more less

Book SynopsisDer Verfasser zeigt in seiner Arbeit auf, weshalb und wie Freimaurerlogen während der NS-Zeit verfolgt wurden und wie sie ihre Vermögenswerte verloren haben. Für alle Besatzungszonen in Deutschland wird dargestellt, wie sich die Wiedergutmachung für die Freimaurerlogen nach der NS-Zeit völkerrechtlich entwickelte. In den westlichen Besatzungszonen und in der jungen Bundesrepublik Deutschland haben die Freimaurerlogen, anders als in der sowjetischen Besatzungszone und DDR, eine Wiedergutmachung erfahren. Dr. Lars C. Barnewitz aus Hamburg ist Rechtsanwalt und Fachanwalt fur Strafrecht in Düsseldorf. Mit seinem Vater hat er die Idee der Dresdner Freimaurerstiftung gehabt und das Entschädigungsverfahren in Gang gebracht.

Read more less

Book SynopsisThis book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.Table of ContentsPart I Revisiting the Policy Rationale of TRIPS.- Part II TRIPS as a Legal Framework: Which Geometry?.- Part III Systems Challenges.-Part IV TRIPS and Countervailing Principles.- Part V Exclusivity, Access and Innovation.- Part VI From Enforcing to Enhancing TRIPS.

Read more less

Book SynopsisDieses Lehrbuch bietet eine umfassende und einzigartige Einführung in die moderne Mikroökonomik. Es verfolgt einen integrativen Ansatz, indem es die wichtigsten Erkenntnisse der Ökonomik in einen breiteren Kontext stellt. Die Theorien werden aus philosophischer Sicht und durch den Vergleich mit Ansätzen aus anderen Sozialwissenschaften kritisch reflektiert und Implikationen für die Gestaltung des Rechtssystems und unternehmerisches Handeln erarbeitet. Das Buch richtet sich an Bachelorstudierende der Wirtschaftswissenschaften und anderer Fachrichtungen. Die zahlreichen kurzen Beispiele und umfassenden Fallstudien helfen dabei, die Anwendungen der Theorien zu verstehen. Daher eignet es sich für einen angewandten, aber dennoch fachlich präzisen Ansatz in der Lehre. Aufgrund der methodischen und philosophischen Einbettung eignet es sich auch für eine kritische Auseinandersetzung mit dem ökonomischen Mainstream. Ausgehend von der Frage, warum und wie Gesellschaften wirtschaftliches Handeln organisieren, werden die Möglichkeiten und Grenzen verschiedener Markttypen im Hinblick auf die Linderung von Knappheit und das Erreichen von Verteilungszielen aus einer institutionellen Perspektive analysiert. Die zweite Auflage erweitert die Entscheidungstheorie systematisch um Kapitel zur traditionellen Entscheidungstheorie unter Risiko und Unsicherheit und zur Verhaltensökonomie sowie um Erkenntnisse aus den Neurowissenschaften, der Evolutionspsychologie und der narrativen Psychologie zu menschlichem Verhalten. Zusätzlich gibt es theoretische Ergänzungen sowie aktualisierte Fallstudien und Beispiele - von Handelskriegen über Pandemien bis hin zur Klimakrise. Eine neue Ausgabe des begleitenden Arbeitsbuchs mit einer Fülle von Übungsaufgaben, die von einfachen Multiple-Choice-Fragen bis hin zu anspruchsvollen mathematischen Problemen und Fallstudien reichen samt Musterlösungen, ist separat erhältlich. Table of Contents

Read more less

Book SynopsisThis volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.Table of ContentsPart I. Global Solidarity and Common but Differentiated Responsibilities.- Chapter 1. Global Solidarity and Common but Differentiated Responsibilities.- Chapter 2. Responsibility, Solidarity and their Connections in International Law: Towards a Coherent Framework.- Chapter 3. Bellying up to the Bar – Differentiating in the Distribution of Responsibilities: A Philosophical Analysis.- Chapter 4. Solidarity and Differentiation: Moral and Legal Obligations of States in Addressing Global Challenges - The Case of Climate Change.- Chapter 5. Global Solidarity, Differentiated Responsibilities and the Law of the Sea.- Chapter 6. Differentiated Rights and Responsibilities in Activities in the Area – From Wealth Redistribution to Marine Environmental Protection.- Chapter 7. Are Trade Measures to Tackle the Climate Crisis the End of Differentiated Responsibilities? The Case of the EU Carbon Border Adjustment Mechanism (CBAM).- Chapter 8. Embedding ‘Solidarity’ in International Water Law: Framing ‘Equity’ in Transboundary Water Governance.- Chapter 9. Common but Differentiated Responsibilities and Respective Capabilities as a Guiding Principle in International Health Law in Times of Pandemics.- Chapter 10. The Flexibility Device in the International Covenant on Economic, Social and Cultural Rights.- Chapter 11. Solidarity as Normative Rationale for Differential Treatment: Common but Differentiated Responsibilities from International Environmental to EU Asylum Law?.- Chapter 12. Reconciling the Irreconcilable: Some Thoughts on Belligerent Equality in Non-International Armed Conflicts.- Part II. Dutch Practice.- Chapter 13. In Sickness and in Health: The Right to Self-determination within the Kingdom of the Netherlands and the Impact of the Coronavirus Crisis.- Chapter 14. Cooperation and Coordination in Ocean Governance: An Overview of the BBN Process and the Involvement of The Netherlands.- Chapter 15. Victims of Hawija v. The Netherlands: Proportionality and Precaution under Mounting Pressure.- Table of Cases.- Index.

Read more less

Book SynopsisThis book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.Table of ContentsPart I. General/Theoretical Aspects.- Chapter 1. Variations on the Principle of Equality in International and EU Law.- Chapter 2. Sovereign Inequality and Struggles for Equality.- Chapter 3. Equality of States and Mutual Membership in European Union Law: Contemporary Reflections.- Part II. Equality of States and International Organizations in International and EU Law.- Chapter 4. Third World Approaches to International Law (TWAIL) and Inequality in International Criminal Justice: A Critical Assessment.- Chapter 5. The Recognition of the Formal Equality of International Organizations by the Means of an International Rule of Incorporation.- Chapter 6. The “Institutionalized Inequality” of the ESM Voting System: Doubts and Perspectives after the Reform.- Part III. Inter-Individual Equality: Human Rights and Conflict of Laws Issues.- Chapter 7. The Status of Workers in EU Free Movement Law: A Difficult Balance Between Equality and Economic Integration.- Chapter 8. Equality and Heteronormativity: Heterosexual Majority and Homosexual Minority in the European Convention on Human Rights.- Chapter 9. Equality, Conflict of Laws and Human Rights.- Chapter 10. Equality in the Application of “Imperative Norms”: A “More Equal than Others” Principle in EU Conflict of Laws in Contractual Matters?.- Part IV. Procedural Aspects of Equality.- Chapter 11. Equality before Courts and Tribunals – The Case for a Comparative Approach.- Chapter 12. Equality in the Access to the ECtHR - Filling Procedural Gaps Concerning Locus Standi and Representation of Extremely Vulnerable Individuals.- Chapter 13. Residual Jurisdiction in Civil and Commercial Matters through the Lens of Non-Discrimination and Reciprocity.- Chapter 14. Equality and Asymmetry in Treaty-Based Investment Arbitration: Counterclaims by Host States.- Part V Epilogue.- Chapter 15. Epilogue - Animal Farm, International Law - Lorenzo Gradoni.- Chapter 16. General Conclusions: (In)Equalities and International Law: Between Old and New Forms.

Read more less

Book SynopsisThis book looks at East Asian actors in the League of Nations to explore a pivotal moment in the early stage of the development of global international relations. It breaks new ground by drawing on extensive sources in East Asian languages to show how actors from the region played significant roles in shaping the emerging norms and practices that underpin the international system. The chapters cover cases from the three East Asian member states, namely China, Japan and Siam (Thailand) to address topics that involve the intersection of disciplinary fields, such as law and warfare, sovereignty and international organization, and public health and international co-operation. The research draws on new material that will be of interest to academic researchers and is presented in a style suitable for teaching at undergraduate and graduate levels, especially for courses that strive to achieve a global outlook and the decolonization of the curriculum.Table of ContentsChapter 1: Introduction (Christopher R. Hughes and Hatsue Shinohara). - Part 1: The League and Empires. - Chapter 2: “Liberal internationalism” reconsidered: Liberal inter-imperialism and the League of Nations in Asia and the Pacific (Tomoko Akami). - Chapter 3: The League of Nations’ Functional Works in the Years of Growing Nationalism (Harumi Goto-Shibata). - Part 2: Globalism and Inter-Civilizationism. - Chapter 4: The activity and legacy of the Far East Bureau of the League of Nations: A key knot in connecting regional and international order (Kayo Takuma). - Chapter 5: Japanese International Lawyers and the Codification of International Law in the League of Nations (Rikiya Takahashi). - Chapter 6: Intellectual Entanglements between the League of Nations and East Asia: Modernism or Anti-Modernism? (Takashi Saikawa). - Part 3: Member States. - Chapter 7: Attempting Neutrality: Siam’s Coping with the League of Nations’ Multilateralism (Teewin Suputtikun). - Chapter 8: The Council of the League of Nations and Japan: A Challenge to Emerging International Norms (Hatsue Shinohara). - Chapter 9: China’s Policies toward the Abyssinian Question, 1935-1938 (Li Chang). - Part 4: The Case of Manchuria. - Chapter 10: Popular Newspapers in China and the League: A Case of the Lytton Commission (Lunhai Mu). - Chapter 11: Aborted Ideas of an Internationally Administered Manchuria: The Background to the Lytton Report (Haruo Tohmatsu). - Chapter 12: The Diplomatic construction of Chinese sovereignty During the Manchurian Crisis (Christopher R. Hughes). - Chapter 13: Conclusion (Madeleine Herren)

Read more less

Book Synopsis1.      Artemis Accords and International Space Law.- The Inevitability of Developments and Changes to Outer Space Property Law brought about by the Artemis Accords.- Mining in the Province of all Mankind Analysing Legality with reference to Treaties and their Interpretation.- The Artemis Accords An Attempt to Internationally Legalise Outer Space Resource Mining and Ownership?.- The Interplay Between the Moon Agreement and the Artemis Accords: Vienna Convention on the Law of Treaties to the Rescue.- Increasing Fragmentation in Regulating Space Resources: The Imperative of Returning to a Multilateral Approach.- Artemis Accords as Evolutive Law-Making Lunar Space Mining and the Rise of Space Militarisation.- Deconfliction Measures in the Freedom of Use of Outer Space: What Lies Ahead?.- Artemis Accords and the Developing Countries A Catalyst for Degenerative Equality and Mutual Benefit of Space/Moon Resources.- Indias Tryst with the Goddess of the Moon The Artemis Accord and Beyond.- Celestial Property Rights in Outer Space A TWAIL Exploration.

Read more less

Book SynopsisThis Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022.Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea.This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.Table of ContentsChapter 1.Development of Japan’s Territory.- Chapter 2.The Northern Territories (Kunashiri Island, Etorofu Island, Habomai Islands, and Shikotan Island).- Chapter 3.The Senkaku Islands.- Chapter 4. Takeshima.- Chapter 5. Territorial Sea and Exclusive Economic Zone.- Chapter 6. Exclusive Economic Zones between Japan and the Republic of Korea, and Japan and China.- Chapter 7.A Proposal for Stability and Coexistence in East Asia.- Chapter 8.Territorial Air Space and Air Defense Identification Zones.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less