Public international law Books
Bloomsbury Publishing PLC The Margins of Discretion in Transnational
Book SynopsisThis book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries’ approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.Table of ContentsPART I EUROPEAN LAW 1. Expulsions in Light of EU Law I. Expulsions of EU Citizens, EEA and Swiss Nationals and their Family Members II. Expulsion of Turkish Nationals III. Third-country Nationals Covered by the Long-term Residence Directive IV. Other Groups of Third-country Nationals V. Summary and Conclusions 2. Expulsion in Light of the ECHR and the ECtHR’s Case Law I. Binding and Non-binding Instruments II. Article 8 ECHR and the ECtHR’s Case Law III. Interests of the Individual vs Interests of the State IV. Summary and Conclusions 3. The Charter of Fundamental Rights of the European Union I. Right to Respect for Private and Family Life and the Rights of the Child II. Protection in the Event of Removal, Expulsion or Extradition, Article 19 CFR III. The Right to an Effective Remedy and to a Fair Trial, Article 47 CFR IV. Concluding Remarks 4. Summary and Conclusions: Differences between the EU Level and the Council of Europe PART II THE EFFECTS OF EUROPEAN LAW ON EXPULSION DECISIONS TAKEN AT THE NATIONAL LEVEL 5. Germany I. Introduction to the Concept of Expulsion Decisions in German Law II. The Abolished System of Expulsion (1990–2015) III. The New Provisions on Expulsion IV. Entry Ban V. Conclusions 6. The Netherlands I. The Legal Framework II. The Termination of Lawful Residence Following a Criminal Conviction III. Two Types of Entry Bans: Inreisverbod and Ongewenstverklaring IV. The Ongewenstverklaring, Article 67 Vw 2000 V. The Inreisverbod, Article 66a Vw 2000 VI. Intensity of Judicial Scrutiny: In-depth or Marginal Assessment? VII. The Rationale of the Sliding Scale VIII. Summary and Recommendations 7. The United Kingdom I. The Provisions Governing the Deportation of Convicted Foreigners II. Convicted Foreigners and Article 8 ECHR III. The Balance between the Principle of Proportionality and the Principle of Legal Certainty IV. Rationale of the Provisions Governing the Deportation of Convicted Foreigners V. Conclusions 8. Comparison of Germany, the Netherlands and the United Kingdom I. General Observations II. Differences between Germany and the Netherlands in Sentencing and the Duration of the Entry Ban III. Conclusions PART III TRANSNATIONAL ADMINISTRATIVE ACTS: THE EFFECTS OF NATIONAL EXPULSION DECISIONS AND ENTRY BANS ON THE EUROPEAN LEVEL 9. Transnational Administrative Acts: The European Effect of National Expulsion Decisions and Entry Bans I. Transnational Administrative Acts II. The Schengen Information System III. Return Directive IV. Summary and Conclusions Regarding Mutual Recognition, Modes of Administrative Decision Making, SIS Alerts and Entry Bans 10. National Expulsion Decisions and Entry Bans and their European Dimension I. Differences between Germany and the Netherlands Regarding Expulsion Decisions and the Termination of Lawful Residence aft er a Criminal Conviction II. Requirements at the National Level for Entry Bans and SIS Alerts III. Duration of the Entry Ban IV. Summary and Conclusions 11. Options to Remedy Remaining Divergences I. Deficiencies of the Current System II. Options for Improvement III. Likelihood of a Harmonisation of the Criteria for National Expulsion Decisions IV. Likelihood of a Further Specification of the Criteria for Entering Alerts into the SIS V. Final Remarks and Outlook Final Summary and Conclusions
£85.50
Bloomsbury Publishing PLC The Human Right to a Dignified Existence in an
Book SynopsisIn their contributions, the authors connect general philosophical reasoning about the foundational role of human dignity for human rights with more concrete demands as to how to deal with basic human needs and to end poverty. These legal and political arguments are based on recent rulings of regional courts and international human rights bodies. They discuss obligations that result from human rights and ask which institutions or corporations are responsible for their realisation.
£38.00
Bloomsbury Publishing PLC The Law, Politics and Theory of Treaty Withdrawal
Book SynopsisThis book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.
£80.75
Bloomsbury Publishing PLC EU External Relations and the Power of Law
Book SynopsisThe breadth and depth of the scholarship of Marise Cremona is honoured in this collection of essays written by her colleagues and friends.Taking Cremona's field-defining research as a point of reference, this collection of research articles examines the power of law in EU external relations. Echoing the expansive scope of Cremona's intellectual enquiries across the growing and diversifying field of external relations law, this volume offers new insights into the principles and procedures that underlie this area of law; the role and responsibilities of the EU as an international actor; and the strategies and instruments through which the Union pursues its external agenda.Spanning the analysis of foundational concepts and more contemporary interventions in respect of the environment, human rights, foreign direct investment and even Brexit, what emerges from this collection is a richly conceptualised and clear examination of the multiple ways in which the power of law captures or eludes the EU's construction of a domain of external relations; a domain in which the EU interacts not only with its Member States but also other subjects of the international legal order.
£85.50
Bloomsbury Publishing PLC Australia in the International Legal System
Book SynopsisWhat impact has Australia had on international law and what is its significance in terms of its participation in the transnational legal system? This collection of essays delves into the history of Australia's interactions with international law and considers how its people have shaped international law. It explores key issues such as the country's imperial and settler past. It assesses how Australians have contributed to key institutions such as the ICJ, the UN and the British Commonwealth. It gives a fascinating insight into international law's impact on a domestic legal system and the complex and multifaceted nature of that relationship. Scholars from across the international spectrum, whether in the field of law, politics or history, will welcome this erudite and engaging work.
£80.75
Bloomsbury Publishing PLC Rome Statute of the International Criminal Court:
Book SynopsisFounded by the late Otto Triffterer this leading commentary contains a detailed article-by-article analysis of the Rome Statute of the International Criminal Court (ICC) by eminent legal practitioners and scholars in the field of international criminal law. The commentary explains the content of the various articles in a broader sense, including their drafting history, their impact on International Criminal Law, and their relation to other sources of the ICC such as the Rules of Procedure and Evidence, and the Regulations of the Court and the Prosecution. The fourth edition has been thoroughly revised, updated and complemented with further resources. It contains up-to-date case law (including a Table of Cases), literature and legislative developments at the ICC in a clearly structured manner, and will continue to provide a useful guide for both practitioners and academics in various capacities.Trade ReviewLike its predecessors, the commentary’s fourth edition will guide academics and practitioners with great clarity through the exceedingly complicated maze of international criminal law … when international criminal lawyers turn to the red and gold opus on their desk(top), they can be reassured that Ambos and his pristine team of authors provide answers or at least starting points for research on any question this field throws at them. -- Fin-Jasper Langmack * Criminal Law and Criminal Justice Books *
£451.25
Bloomsbury Publishing PLC Core Statutes on Conflict of Laws
Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsPART I EUROPEAN UNION LEGISLATION Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) Regulation (EU) 2016/1103 of the Council of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes Regulation (EU) 2016/1104 of the Council of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships PART II CONVENTIONS Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) Convention on Choice of Court Agreements (The Hague, 2005) Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Lugano, 2007) PART III UNITED KINGDOM STATUTES Administration of Justice Act 1920 Foreign Judgments (Reciprocal Enforcement) Act 1933 Domicile and Matrimonial Proceedings Act 1973 State Immunity Act 1978 Civil Jurisdiction and Judgments Act 1982 Family Law Act 1986 Private International Law (Miscellaneous Provisions) Act 1995 Civil Partnership Act 2004 Companies Act 2006 Defamation Act 2013 Marriage (Same Sex Couples) Act 2013 Consumer Rights Act 2015 PART IV UNITED KINGDOM STATUTORY INSTRUMENTS Foreign Limitation Periods Act 1984 Civil Jurisdiction and Judgments Order 2001 Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 PART V RULES OF PROCEDURE Civil Procedure Rules 1998 The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018 The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 Index
£13.29
Bloomsbury Publishing PLC Global Lawmaking and Social Change
Book SynopsisCustomary international law is a widely-recognized modality of international lawmaking. It underpins all norms of international law and shapes all aspects of global society. Yet familiar approaches to customary international law struggle to answer basic questions about its role, operation, and prospects. Pursuing an interdisciplinary approach, this book offers an alternative perspective on customary international law as a dynamic and multifaceted social phenomenon and idea. It explores customary international lawmaking in different social contexts, including the regulation of armed conflict, the treatment of the other', and the management of global environmental risks. Focusing on the varieties' of customary international law, it identifies four types of customary international law norms and explores their roles and implications. Critically revisiting a classic topic of international law, the book provides a tool for understanding and shaping global lawmaking and social change in a rapidly changing international legal order.
£80.75
Bloomsbury Publishing PLC The Standard of Review before the International
Book SynopsisThis book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review.It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically.As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.
£80.75
Bloomsbury Publishing PLC Applying International and European
Book SynopsisThis is the first study of anti-discrimination law as it applies to housing law in Europe. It offers an important perspective in a field dominated by employment law studies, while drawing on concepts significant in that field as well. Legislative discussion looks at EU law, the European Convention on Human Rights, the European Social Charter and related case law. The book goes further to examine United Nations human rights instruments and related practice of UN committees. This unique focus allows for a fuller understanding of anti-discrimination law’s implications, potential, and challenges.
£114.00
Bloomsbury Publishing (UK) Shaping a Genuine Area of Freedom Security and Justice
Book SynopsisKoen Lenaerts is President of the Court of Justice, Luxembourg. Eugene Regan is a Judge at the Court of Justice, Luxembourg, and President of the Fifth Chamber. Ulla Neergaard is Professor of EU Law at the University of Copenhagen, Denmark. Karsten Engsig Sørensen is Professor at the Department of Law, Aarhus University, Denmark.
£114.00
Manchester University Press The Basics of International Law: The Uk Context
Book SynopsisFrom the UK government’s Brexit Bill, to China’s territorial claims in the South China Sea, to the Russian invasion of Ukraine, violations of international law have made headlines across the world in recent years. This book offers a comprehensive and accessible guide to the essential rules and facts of international law, explaining what international law is and how it shapes the world around us. Graham and Noortmann provide specific examples to contextualise key concepts in international law, directing readers to a range of further sources to supplement their reading. Topics range from the place of international law in the national legal order, the United Nations and other global international organisations, international human rights, and international environmental law. An essential quick reference text for students and practitioners of international law.Table of ContentsI Introduction1 Definition of public international law2 The legal nature of public international law3 Historical developments4 Natural law and positivism5 Alternative approaches6 Sub-areas of international law7 Adjacent legal fields8 The nation state and international lawII The place of international law in the national legal order9 Direct effect10 Monism and dualism11 Monism and dualism in practice12 Rules of international law having direct or indirect effect13 National government bodies and international lawIII Subjects of international law14 International legal personality15 Forms of international legal personality16 States17 Recognition18 Intergovernmental organisations19 Liberation movements20 New forms of international legal personalityIV Sources of public international law21 The sources of international law22 Treaties23 Customary International Law24 Decisions of international organisations25 Other sources of law26 The relationship between international sources of law and legal rulesV Treaty law27 Sources of treaty law28 The entry into force of treaties29 Reservations30 Interpretation of treaties31 The validity and effect of treaties32 State succession33 National law and the entry into force of treatiesVI Jurisdiction34 Definition of jurisdiction35 Territorial jurisdiction36 Functional jurisdiction37 Areas outside national jurisdiction38 Demarcation of boundaries39 Personal jurisdiction40 Principles of criminal jurisdiction41 National jurisdiction42 Extradition43 Domestic nationality lawVII Immunities44 Limitation of territorial jurisdiction45 State immunity46 Derived immunities47 Diplomatic immunitiesVIII State responsibility48 State responsibility49 International wrongful acts50 Circumstances precluding wrongfulness51 Cessation and compliance52 Diplomatic protectionIX Settlement of disputes53 General and special rules54 Diplomatic methods55 International arbitration56 The International Court of Justice57 The International Tribunal for the Law of the Sea58 The panel procedures of the World Trade Organization59 The Inspection Panel of the World BankX The enforcement of international law60 Characteristics of the enforcement of international law61 Retorsion62 Reprisals63 Collective measuresXI Peace and security64 The prohibition of (armed) force65 Exceptions to the prohibition on (armed) force66 UN peace operations67 International humanitarian law68 The International Committee of the Red CrossXII The law of international organisations69 Development of international organisations70 Classification of international organisations71 Membership of international organisations72 Structure of international organisations73 Powers of international organisations74 Decision-making procedures of international organisations75 Rules of procedure of international organisations76 Budgetary affairs of international organisations77 Immunities and privileges of international organisations78 Responsibility of international organisationsXIII The United Nations79 Foundation and development80 Objectives and principles81 UN organs82 Relations between the different UN bodies83 Powers and functions of UN agencies84 The voting procedures in the UN85 Immunities and privileges of the UN86 The responsibility of the United Nations87 The UN and the development of international lawXIV Other global international organisations88 Comparison with the United Nations89 The International Labour Organization90 The World Health Organization91 The International Civil Aviation Organization92 The International Maritime OrganizationXV Regional intergovernmental organisations93 The Organization of American States94 The European Union95 The African Union96 The Association of Southeast Asian Nations97 Other regional intergovernmental organisationsXVI International human rights98 Recognition and development99 Categories of human rights100 International human rights instruments101 Implementation and enforcement mechanisms in international human rights treaties102 Monitoring mechanisms103 Regional human rights instrumentsXVII International criminal law104 Development and character of international criminal law105 International criminal responsibility106 Prosecution and punishment of international crimes by national authorities107 International crimes in domestic criminal law108 International criminal courts and tribunals109 The International Criminal Court110 ICC procedure111 Cross-border organised crime112 Terrorism113 International organisations for combating crimeXVIII International economic law114 The development of international economic law115 The World Trade Organization116 The International Agreement on Tariffs and Trade117 International monetary organisations118 Regional economic organisations and agreements119 Development cooperationXIX International environmental law120 The internationalisation of environmental law121 Principles of environmental law122 UN conferences123 Institutionalisation124 Environmental treatiesList of consulted literatureIndex
£13.29
Bristol University Press Legal Perspectives on Sustainability
Book SynopsisThis important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.Trade Review“Sustainability, though ubiquitous in modern discourse, remains contested in theory and praxis. This collection offers insightful coverage of challenges in operationalising sustainability in principle and in key areas of law.” * Karen Morrow, Swansea University *Table of ContentsIntroduction PART 1: SUSTAINABILITY THROUGH HISTORY Sustainability and Law: An historical and theoretical overview ~ Margherita Pieraccini and Tonia Novitz Agenda 2030 and the Sustainable Development Goals: ‘responsive, inclusive, participatory and representative decision-making’? ~ Tonia Novitz and Margherita Pieraccini PART 2: CORPORATE GOVERNANCE Accounting for Climate Change: Rethinking the chaotic corporate reporting landscape and its purpose with the UK’s failure as a case study ~ Charlotte Villiers and Georgina Tsagas Sustainable Corporate Governance: trimming or sowing? ~ Nina Boeger PART 3: TRADE The International Trade Regime and SDG 2: Reforming Agricultural Markets for Food Security ~ Clair Gammage Social Sustainability, Labour and Trade: Forging Connections ~ Tonia Novitz PART 4: PLACES Land Ownership, Use and Sustainability in a Pluriverse ~ Chris Willmore Sustainability and marine conservation law ~ Margherita Pieraccini
£71.99
Bristol University Press Politics and Administrative Justice:
Book SynopsisIn recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention. This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.Table of ContentsChapter 1 Introduction Chapter 2 Street-Level Bureaucracy and Response to Citizen Grievance Chapter 3 The ‘Social Imaginary’ of Liberal Legalism Chapter 4 The Promise of Postliberalism Chapter 5 Citizen Grievance and the Spectre of Legalism Chapter 6 Postliberal Response to Citizen Grievance: The Challenge of Disability Human Rights Chapter 7 Responding to Grievance: The Mental Health System and Special Educational Needs Chapter 8 Postliberal Administrative Justice Chapter 9 Administrative Justice Beyond ‘Administrative Justice’ Bibliography Index
£68.00
Bristol University Press Public Health and International Economic Law
Book Synopsis
£14.24
Rowman & Littlefield Dictionary of Public International Law
Book SynopsisSignificant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.Trade ReviewLaw schools are offering more courses in public international law, so this volume, which explains the many principles, treaties, declarations, and other international agreements referred to by practitioners and the news media, is especially useful. The entries are substantial, averaging around a page in length, and are understandable to people unfamiliar with this area of law. The introduction to the book is lengthy and is primarily a history of the field that places entries in context. It mostly deals with actions of the United Nations, but other countries are also included. The book is helpful for those wishing to understand the ideals of international law, not as it is in actual practice. For instance, the entry on women points out that the UN has failed to meet its own goal of having 50 percent of its senior positions held by women (as of April 2017). Summing Up: Recommended. Lower-division undergraduates through faculty. * CHOICE *Table of ContentsEditor’s Forward (Jon Woronoff) Preface Abbreviations and Acronyms Glossary of Foreign Terms Tables of Treaties and Cases Chronology List of Entries Introduction The Dictionary Bibliography Index Index of Names About the Author
£133.20
West Academic Publishing Public International Law in a Nutshell
Book SynopsisThis Sixth Edition of Public International Law in a Nutshell is a concise yet accurate summary of the field of public international law, covering its basic sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, the law of war, and U.S. foreign relations law. This edition is fully updated to include recent treaties, institutions, and Supreme Court decisions. The book is intended to be helpful for students, scholars, and practitioners alike.
£52.70
Intersentia Ltd Common Interests in International Litigation: A
Book SynopsisHow are common interests protected in international dispute settlement? What is the role of different courts and tribunals? Why is the case law on common interests (in)consistent? Do we need more consistency for a better protection of common interests? Common Interests in International Litigation provides answers to questions that arise in international litigation as a result of an increasing recognition of common interests in this field and an ever-expanding network of specialised judicial bodies.Common Interests in International Litigation studies the case law of a number of international courts, focusing on international litigation concerning natural resource exploitation. This is a theme closely linked to a number of common interests, one which has been considered by a number of courts dealing with human rights, international security, international trade, international investment, the law of the sea, and more.This study aims to bring together the case law of these diverse judicial bodies to develop a common approach to common interests in international litigation. In contrast to previous studies that have focused on the approach to common or public interests in distinct legal regimes, this book offers an overview of the issue traversing traditional boundaries between legal regimes. It is therefore of particular interest to practitioners of international law and scholars specialising in the field seeking to broaden their horizons, and essential reading to all those interested in the enforcement of common interests at the international level.
£58.90
Intersentia Ltd Cross-Border Enforcement in Europe: National and
Book SynopsisThe volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions. The volume is divided into two parts. Part I on 'Cross-border Enforcement in Europe' opens with a contribution comparing the European approach in Brussels I Recast with the US experience of enforcement in the context of judicial federalism. This is followed by two contributions concentrating on aspects of Brussels I Recast, specifically the abolition of exequatur and the grounds for refusal of foreign judgments (public order and conflicting decisions). The two concluding texts in this part deal with the cross-border enforcement of notarial deeds and the sister regulation of Brussels I Recast, Brussels II bis (jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility). Part II is devoted to aspects of (cross-border) enforcement in a selection of European states (Poland, the Czech Republic, the Netherlands, Slovenia and the Republic of North Macedonia). The topics discussed include the authorities entrusted with enforcement, judicial assistance and the national rules relevant from the perspective of Brussels I Recast. This book is important for practitioners involved in cross-border enforcement and academics working within an international comparative legal context.Table of ContentsIntroduction (p. 1) I. Cross-border Enforcement in Europe. UNDERSTANDING CROSS-BORDER ENFORCEMENT AGAINST THE BACKDROP OF JUDICIAL FEDERALISM AND PROCEDURAL AUTONOMY: ANY USEFUL CUES FROM THE UNITED STATES (p. 9) ECONOMIC IMPLICATIONS OF THE ABOLITION OF EXEQUATUR UNDER BRUSSELS I RECAST (p. 37) GROUNDS FOR REFUSAL OF RECOGNITION OF FOREIGN JUDGMENTS: DEVELOPMENTS AND PERSPECTIVES IN EU MEMBER STATES REGARDING PuBLIC ORDER AND CONFLICTING DEOSIONS (p. 57) CROSS-BORDER ENFORCEMENT OF PuBuc DOCUMENTS AND REGULATION (EU) 2016/1191 (p.73) BRUSSELS II BIS AND ABOLITION OF EXEQUATUR: EXPERIENCES AND VISIONS (p. 81) II. (Cross-border) Enforcement and the National Legal Context. LEGAL TRANSPLANTS: JUDICIAL OFFICERS IN POLAND AND THE CZECH REPUBLIC (p. 107) RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS ACCORDING TO CZECH (p. 139) ENFORCING FOREIGN TITLES REGARDING MONETARY CLAIMS IN THE NETHERLANDS (p. 153) THE INTERPLAY BETWEEN BRUSSELS I RECAST AND THE SLOVENIAN RULES ON REMEDIES UNDER THE NEW SYSTEM OF DIRECT ENFORCEMENT OF FOREIGN JUDICIAL DECISIONS (p. 179) INTERNATIONAL MUTUAL LEGAL ASSISTANCE IN CML MATTERS FROM A SLOVENIAN PERSPECTIVE (p. 209) CHALLENGES FACING MACEDONIAN LAWMAKERS IN THE FUTURE IMPLEMENTATION OF BRUSSELS I RECAST REGARDING ENFORCEMENT -AN ATTEMPT AT AssESSMENT (p. 233)
£61.75
Edward Elgar Publishing Ltd Research Handbook on International Courts and
Book SynopsisSince the establishment of the Permanent Court of Arbitration for international dispute resolution in 1899, the number of international courts and tribunals has multiplied and the reach of their jurisdiction has steadily expanded. By providing a synthetic overview and critical analysis of these developments from multiple perspectives, this Research Handbook both contextualizes and stimulates future research and practice in this rapidly developing field. Made up of specially commissioned chapters by leading and emerging scholars, the book takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the main issues, debates and controversies related to the growth of international courts and tribunals. Its review of influential international judgements traverses the areas of international peace and security law, international human rights law, international criminal law, and international economic law, while also including critical reflection by practitioners. This nuanced review of the latest thinking on scholarly debates and controversies in international courts and tribunals will be both a key resource for academic researchers and a concise introduction to the subject for post-graduate students. Its chapters also contain topics of practical relevance to lawyers and international decision-makers.Contributors include: A.M. Barreto, J. Chylinski, T. Dannenbaum, W. Elmaalul, M. Farrell, K. Gibson, J. Jones QC, M.G. Karnavas, M.M. Mbengue, Y. Mcdermott Rees, L. Obregón, K. Oellers-Frahm, R.F. Oppong, G. Pecorella, M. Pinto, J. Powderly, Y. Ronen, L.E. Salles, W.A. Schabas, D. Shelton, N. Strapatsas, M. Taylor, M. VarakiTrade Review‘This book serves newcomers to the field of international courts and tribunals well in the sense that it covers a wide variety of (traditional) topics from fresh angles that are necessary for a today’s broad-minded student to consider.’ -- Tuomas Tiittala, Finnish Yearbook of International Law‘The edited volume International Courts and Tribunals by William Schabas and Shannonbrooke Murphy offers a timely and well-researched overview of the growing jurisdiction of legal institutions in international relations. . . Overall, Schabas and Murphy’s volume constitutes a promising first step into socio-legal scholarship that will provide a deeper understanding of the dynamic between international legal institution, jurisprudence and normative dissemination of knowledge. Their exemplary collaborative effort is an inspirational resource not only for legal scholars, but for students in a variety of disciplines, including political science, sociology and anthropology. Academics as well as practitioners will find this valuable, educational handbook a great source of original, innovative perspectives, which will help shape and reframe scholarly debates in the field.' -- European Review of International StudiesTable of ContentsContents: Introduction by William A Schabas PART I THE JUDGMENTS AND THE JUDGES 1. The Peace and Security Judgments: The Role of the International Court of Justice in the Regulation of the Use of Force Mónica Pinto 2. The Human Rights Judgments: The Jurisprudence of Regional Human Rights Tribunals – Lex Specialis or Lex Regionis? Dinah Shelton 3. The International Criminal Judgments: From Nuremberg to Tadić to Taylor Nicolaos Strapatsas 4. The Economic Judgments and Arbitral Awards: The Contribution of International Courts and Tribunals to the Development of International Economic Law Makane Moïses Mbengue 5. The Women Judges: Leading the Line in the Development of International Law Joseph Powderly and Jacob Chylinski 6. The Third World Judges: Neutrality, Bias or Activism at the Permanent Court of International Justice and International Court of Justice? Liliana Obregón 7. The Giants of the International Judiciary: Towards a Humanization of the Law of Nations Giulia Pecorella PART II THE CONTROVERSIES AND THE CHALLENGES 8. Legitimacy Yvonne Mcdermott Rees and Wedad Elmaalul 9. Jurisdiction Luiz Eduardo Salles 10. Enforcement Richard Frimpong Oppong and Angela M. Barreto 11. Proliferation Karin Oellers-Frahm 12. Distribution Michelle Farrell 13. Regulation of the International Bench Tom Dannenbaum 14. Regulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts and Tribunals Kate Gibson, John RWD Jones QC, Michael G. Karnavas and Melinda Taylor 15. Infrastructure Maria Varaki 16. Functions and Access Yaël Ronen Index
£192.85
Edward Elgar Publishing Ltd Edward and Lane on European Union Law
Book SynopsisIt is a great pleasure to welcome the new edition of the book written by Prof. Edward and Prof. Lane, which carries on the success of the earlier ones. This new edition contains a comprehensive and critical study of the European Union legal order, which explores in great detail the changes brought about by the Treaty of Lisbon. Bearing in mind the quality of its authors, it does not come as a surprise that this book is an outstanding piece of academic work. It is a classic which should belong to the library of all persons who are interested in EU law.'- Koen Lenaerts, Vice-President of the Court of Justice of the European Union, LuxembourgKey features of the book include:- Authoritative authorship combining the analysis of a senior academic with the experience of a former judge.- Comprehensive and wide-ranging in scope.- Structured specifically to reflect the Treaty of Lisbon reorientation and immediate post-Lisbon developments.- Extensive reference to primary sources (Treaties, legislation, case law) and to issues of national adaptation.A fully updated and expanded new edition of a classic text, this authoritative and wide-ranging volume provides expert analysis on the key issues across all areas of European Union law - including its constitutional, procedural and substantive aspects. In particular, coverage of the constitutional and procedural elements includes: historical background and development of the European Union; constitutional structure of the Union; the Treaties: interrelationship and fundamental (constitutional) rules; the institutional framework; jurisdiction of, and actions before, the Court of Justice; sources, principles and methods of Union law.Comprehensive coverage of the substantive law includes: basic rules; citizenship of the Union; the internal market; the four freedoms; competition; economic and monetary policy; social policy; environmental policy; commercial policy.Precise and rich in references to the primary materials of the Treaties, the principal legislation and the key case law of the Court of Justice, this highly detailed and comprehensive book will be an indispensable resource for all legal practitioners whose practice must take account of EU Law.Contents: Part I: The Origins and Development of the European Union 1. The History 2. The European Union: Structure and Basic Rules Part II: The Institutional Framework 3. The Political Institutions and Procedures 4. Other Bodies 5. The Court of Justice Part III: The Sources, Nature and Methods of European Union Law 6. Sources of Union Law Part IV: Substantive Law 7. The Principles 8. Non-Discrimination and Citizenship of the Union 9. Union Policies and Internal Actions: Introduction 10. The Free Movement of Goods 11. The Free Movement of Persons and Services 12. The Free Movement of Capital 13. Competition 14. Other PoliciesTrade Review‘Faced with the challenge of studying EU law, students and other interested parties need guidance and accessible materials. Despite the ground clearing of the Lisbon Treaty, the terrain is still not properly mapped. Edward and Lane’s completely rewritten book provides just what’s needed. Clear, comprehensible and comprehensive, it will be an important port of call for anyone trying to figure out key aspects of the EU’s ever burgeoning legal order.’ -- Jo Shaw, University of Edinburgh, UK‘This is an outstandingly good book……It is outstanding for several reasons. It is concise, clear, authoritative and extremely thorough. As well as stating the legal rules, it is practical, because it summarises how they have been implemented. There are many short, frank, objective comments. Speculation is avoided, but unresolved questions are pointed out. …. There are many illuminating explanations… In short, it provides an excellent understanding of how EU law works as an organic, coherent whole. By integrating discussion of EU and national institutional issues, it is a good example of the kind of analysis that will be more and more essential in all textbooks as the EU and national legal systems become increasingly intertwined……The authors have succeeded in saying new and important things, concisely and clearly, about a legal system of which one might think there was little new to say. This is an important book, as well as a useful, interesting and well-written one’. -- John Temple-Lang, Dublin University Law Journal‘. . . practitioners tackling any aspect of European law will welcome the arrival of this comprehensive handbook on this vast and complex subject. . . this is a completely updated and augmented new edition of a classic text and as such, is certainly a must-have handbook for all practitioners involved in any way in European Union law.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘It is a real pleasure to see the publication of the third and much enlarged edition of Edward and Lane on European Union Law. It clearly and succinctly explains the essential features of the institutional and substantive law of the EU and can be strongly recommended to students and practitioners alike.’ -- Aidan Robertson QC, Brick Court Chambers, UK‘This impressive tome provides a solid option for a treatise on European Union law. The book covers the legal history of the EU, its institutions, and all areas of substantive law provided by the EU treaties. Each chapter begins with a table of contents for that chapter, a very thoughtful aid for the reader. The text is heavily footnoted, and the volume has a complete index and tables of treaties, cases, and legislation cited. . . This volume is a worthwhile reference work for academic law libraries collecting for research and courses on the EU and attorneys seeking an advanced but accessible introduction to EU law.’ -- Benjamin Keele, American Association of Law Libraries‘It is a great pleasure to welcome the new edition of the book written by Prof. Edward and Prof. Lane, which carries on the success of the earlier ones. This new edition contains a comprehensive and critical study of the European Union legal order, which explores in great detail the changes brought about by the Treaty of Lisbon. Bearing in mind the quality of its authors, it does not come as a surprise that this book is an outstanding piece of academic work. It is a classic which should belong to the library of all persons who are interested in EU law.’ -- Koen Lenaerts, Vice-President of the Court of Justice of the European Union, Luxembourg‘Readers looking for a thorough consideration of EU Law should seriously consider Edward and Lane’s book on European Union law. Written by David Edward, former member of the Court of Justice of the European Union, and Robert Lane, an experienced academic, the book enriches (and increases the quality of) the landscape of treatise on European Union law. . . In conclusion, those looking for a clear and authoritative, yet very readable and personal in style, account of EU law, should look at Edward And Lane On European Union Law as an extremely excellent alternative to other available textbooks.’ -- Riccardo Sciaudone, The European Commercial Law Observatory'Those looking for a clear and authoritative, yet very readable and personal in style, account of EU law, should look at Edward And Lane On European Union Law as an extremely excellent alternative to other available textbooks.' -- The European Commercial Law Observatory (ECLO)Table of ContentsContents: Foreword Preface Part I: The Origins and Development of the European Union 1. The History 2. The European Union: Structure and Basic Rules Part II: The Institutional Framework 3. The Political Institutions and Procedures 4. Other Bodies 5. The Court of Justice Part III: The Sources, Nature and Methods of European Union Law 6. The Sources, Nature and Methods of European Union Law Part IV: Substantive Law 7. The Principles 8. Non-discrimination and Citizenship of the Union 9. Union Policies and Internal Actions: Introduction 10. The Free Movement of Goods 11. The Free Movement of Persons and Services 12. The Free Movement of Capital 13. Competition 14. Other Policies Index
£44.60
Edward Elgar Publishing Ltd International Human Rights Institutions and
Book SynopsisThis timely literature review analyses the most influential legal scholarship on the enforcement of human rights at institutional level, both regional and international. It includes discussion of charter-based and reporting monitoring procedures as well as the role of high commissioners and treaty bodies. The review later focuses on the movement towards establishing quasi-judicial procedures, the judicial enforcement of human rights and interim measures, concluding with a thoughtful consideration of the potential for universal judicial enforcement - a world court of human rights. This insightful study will be an essential research resource for those studying, working or teaching in this important field.Trade Review‘This collection, curated by eminent jurist Fausto Pocar, is destined to become an indispensable resource for a broad audience. Those newly exposed to the subject of human rights will find an elegant and comprehensive account of core elements of enforcement, as well as stimulating critiques of evolving measures of enforcement and implementation. Scholars and practitioners already steeped in the subject will treasure the collection's sophisticated assessments, authored by leading experts across multiple regions.’Table of ContentsContent: Acknowledgements Introduction Fausto Pocar 1. Thomas Buergenthal (2006), ‘The Evolving International Human Rights System’, American Journal of International Law, 100 (4), October, 783–807 2. Harold Hongju Koh (1999), ’How is International Human Rights Law Enforced?’, Indiana Law Journal, 74 (4), Fall, 1397–417 3. Douglas Donoho (2006), ‘Human Rights Enforcement in the Twenty-First Century’, Georgia Journal of International and Comparative Law, 35 (1), 1–52 4. Pammela Quinn Saunders (2012), ‘The Integrated Enforcement of Human Rights’, New York University Journal of International Law and Politics, 45 (1), Fall, 97–174 5. Andrew Drzemczewski (2001), ‘The Prevention of Human Rights Violations: Monitoring Mechanisms of the Council of Europe’, in Linos-Alexander Sicilianos and Christiane Bourloyannis-Vrailas (eds), The Prevention of Human Rights Violation: Contribution on the Occasion of the Twentieth Anniversary of the Marangopoulos Foundation for Human Rights (MFHR), Part II, Chapter 4, The Hague, the Netherlands: Kluwer Law International, 139–77 6. W. Michael Reisman (1995), ‘Practical Matters for Consideration in the Establishment of a Regional Human Rights Mechanism: Lessons from the Inter-American System’, Saint Louis-Warsaw Transatlantic Law Journal, 1995, 89–101 7. Andrea Durbach, Catherine Renshaw and Andrew Byrnes (2009), ‘A Tongue but No Teeth? The Emergence of a Regional Human Rights Mechanism in the Asia Pacific Region’, Sydney Law Review, 31 (2), June, 211–38 PART II THE UNITED NATIONS CHARTER BASED MONITORING PROCEDURES: FROM THE HUMAN RIGHTS COMMISSION TO THE HUMAN RIGHTS COUNCIL 8. Paul Gordon Lauren (2007), ‘”To Preserve and Build on its Achievements and to Redress its Shortcomings”: The Journey from the Commission on Human Rights to the Human Rights Council’, Human Rights Quarterly, 29 (2), May, 307–45 9. Françoise J. Hampson (2007), ‘An Overview of the Reform of the UN Human Rights Machinery’, Human Rights Law Review: Special Issue, 7 (1), 7–27 10. Gian Luca Burci (2005), ‘The United Nations Human Rights Council’, Italian Yearbook of International Law, 15 (1), 25–42 11. Gareth Sweeney and Yuri Saito (2009), ‘An NGO Assessment of the New Mechanism of the UN Human Rights Council’, Human Rights Law Review, 9 (2), 203–23 12. Rosa Freedman (2013), ‘The United Nations Human Rights Council: More of the Same?’, Wisconsin International Law Journal, 31 (2), 208–51 PART III THE ENFORCEMENT ROLE OF HIGH COMMISSIONERS FOR HUMAN RIGHTS 13. Harold Hongju Koh (2003–2004), ‘A Job Description for the U.N. High Commissioner for Human Rights’, Columbia Human Rights Law Review, Symposium on the United Nations High Commissioner for Human Rights: The First Ten Years of the Office, and the Next, 35 (3), Summer, 493–503 14. Lauri Sivonen (2012), ‘The Commissioner for Human Rights’, in Gauthier de Beco (ed.), Human Rights Monitoring Mechanisms of the Council of Europe, Chapter 1, Abingdon, UK: Routledge, 17–42 PART IV THE MONITORING ROLE OF THE UN HUMAN RIGHTS TREATIES BODIES THROUGH REPORTING PROCEDURES [389 pp] 15. Eckart Klein (1998), ‘The Reporting System under the International Covenant on Civil and Political Rights’, in The Monitoring System of Human Rights Treaty Obligations: Colloquium Potsdam 22./23. November 1996, Berlin, Germany: Berlin Verlag Arno Spitz GmbH, 17–29 16. Manfred Nowak (1980), ‘The Effectiveness of the International Covenant on Civil and Political Rights’, Human Rights Law Journal, 1 (1), 136–70 17. Ineke Boerefijn (1995), ‘Towards a Strong System of Supervision: The Human Rights Committee’s Role in Reforming the Reporting Procedure under Article 40 of the Covenant on Civil and Political Rights’, Human Rights Quarterly, 17 (4), November, 766–93 18. Torkel Opsahl (1989), ‘The General Comments of the Human Rights Committee’, in Jürgen Jekewitz, Karl Heinz Kein, Jörg Detlef Kühne, Hans Petersmann and Rüdiger Wolfrum (eds), Des Menschen Recht zwischen Freiheit und Verantwortung: Festschrift für Karl Josef Partsch zum 75. Geburtstag, Berlin, Germany: Duncker and Humblot, 273–86 19. Philip Alston (1979), ‘The United Nations’ Specialized Agencies and Implementation of the International Covenant on Economic, Social and Cultural Rights’, Columbia Journal of Transnational Law, 18 (1), 79–118 20. Christophe Golay, Claire Mahon and Ioana Cismas (2011), ‘The Impact of the UN Special Procedures on the Development and Implementation of Economic, Social and Cultural Rights’, International Journal of Human Rights: Special Issue, 15 (2), 299–318 21. Peter Burns and Obiora Okafor (1998), ‘The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or How it is Still Better to Light a Candle than to Curse the Darkness’, Otago Law Review, 9 (2), 399–432 22. Elina Steinerte (2013), ‘The Changing Nature of the Relationship between the United Nations Subcommittee on Prevention of Torture and National Preventive Mechanisms: In Search for Equilibrium’, Netherlands Quarterly of Human Rights, 31 (2), 132–58 23. Hanna Beate Schöpp-Schilling (2007), ‘Treaty Body Reform: The Case of the Committee on the Elimination of Discrimination against Women’, Human Rights Law Review: Special Issue, 7 (1), 201–24 24. William F. Felice (2002), ‘The UN Committee on the Elimination of All Forms of Racial Discrimination: Race, and Economic and Social Human Rights’, Human Rights Quarterly, 24 (1), February, 205–36 25. Jaap E. Doek (2003), ‘The UN Convention on the Rights of the Child: Some Observations on the Monitoring and the Social Context of its Implementation’, University of Florida Journal of Law and Public Policy, 14 (2), Spring, 125–36 26. Carla Edelenbos (2009), ‘Committee on Migrant Workers and Implementation of the ICRMW’, in Ryszard Cholewinski, Paul de Guchteneire and Antoine Pécoud (eds), Migration and Human Rights: The United Nations Convention on Migrant Workers’ Rights, Chapter 4, Cambridge, UK: Cambridge University Press and Paris, France: UNESCO, 100–21 27. Michael O’Flaherty and Claire O’Brien (2007), ‘Reform of the UN Human Rights Treaty Monitoring Bodies: A Critique of the Concept Paper on the High Commissioner’s Proposal for a Unified Standing Treaty Body’, Human Rights Law Review: Special Issue, 7 (1), 141–72 28. Joanne Pedone and Andrew R. Kloster (2012–2013), ‘New Proposals for Human Rights Treaty Body Reform’, Journal of Transnational Law and Policy, 22, 29–84 PART V THE MONITORING ROLE OF HUMAN RIGHTS TREATY BODIES WITHIN REGIONAL ORGANIZATIONS 29. Antonio Cassese (1989), ‘A New Approach to Human Rights: The European Convention for the Prevention of Torture’, American Journal of International Law, 83 (1), 128–53 30. Jim Murdoch (1994), ‘The Work of the Council of Europe’s Torture Committee’, European Journal of International Law, Symposium: The European Torture Committee after Five Years: An Assessment, 5 (2), 220–48 31. Yolanda Román González (2009), ‘The European Convention for the Prevention of Torture’, in Felipe Gómez Isa and Koen de Feyter (eds), International Human Rights Law in a Global Context, Part IV, Bilbao, Spain: University of Deusto, 745–73 32. Robert Dunbar (2012), ‘The Committee of Experts of the European Charter for Regional or Minority Languages (The CECL)’, in Gauthier de Beco (ed.), Human Rights Monitoring Mechanisms of the Council of Europe, Chapter 6, Abingdon, UK: Routledge, 150–70 Index Volume II Contents Acknowledgements Introduction An introduction to both volumes by the editor appears in Volume I PART I THE INCREASING MOVEMENT TOWARDS ESTABLISHING TREATY BODIES’ QUASI-JUDICIAL PROCEDURES 1. P.R. Ghandhi (1986), ‘The Human Rights Committee and the Right of Individual Communication’, British Year Book of International Law, 57 (1), 201–51 2. Markus G. Schmidt (1992), ‘Individual Human Rights Complaints Procedures Based on United Nations Treaties and the Need for Reform’, International and Comparative Law Quarterly, 41 (3), July, 645–59 3. Diane A. Desierto and Colin E. Gillespie (2013), ‘Evolutive Interpretation and Subsequent Practice: Interpretive Communities and Processes in the Optional Protocol to the ICESCR’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 73, 549–89 4. Suzanne Egan (2014), ‘The New Complaints Mechanism for the Convention on the Rights of the Child: A Mini Step forward for Children?’, International Journal of Children’s Rights, 22 (1), 205–25 5. Alexandra R. Harrington (2012), ‘Don’t Mind the Gap: The Rise of Individual Complaint Mechanisms within International Human Rights Treaties’, Duke Journal of Comparative and International Law, 22 (2), Winter, 153–82 6. Robin R. Churchill and Urfan Khaliq (2004), ‘The Collective Complaints System of the European Social Charter: An Effective Mechanism for Ensuring Compliance with Economic and Social Rights?’, European Journal of International Law, 15 (3), 417–56 7. Rachel Murray and Elizabeth Mottershaw (2014), ‘Mechanisms for the Implementation of Decisions of the African Commission on Human and Peoples’ Rights’, Human Rights Quarterly, 36 (2), May, 349–72 PART II THE JUDICIAL ENFORCEMENT OF HUMAN RIGHTS AT THE REGIONAL LEVEL A. Europe 8. Paul Mahoney (2003), ‘Separation of Powers in the Council of Europe: The Status of the European Court of Human Rights vis-à-vis the Authorities of the Council of Europe’, Human Rights Law Journal, 24 (5–8), 152–61 9. Luzius Wildhaber (2006), ‘The European Court of Human Rights: The Past, The Present, The Future’, American University International Law Review, 22 (4), 521–38 10. Tilmann Laubner (2004), ‘Relieving the Court of its Success? Protocol No. 14 to the European Convention of Human Rights’, German Yearbook of International Law, 47, 691–721 11. Christian Tomuschat (2009), ‘The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions’, in Rüdiger Wolfrum and Ulrike Deutsch (eds), The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions, Chapter 1, Berlin and Heidelberg, Germany: Springer-Verlag, 1–18 12. Markus Fyrnys (2011), ‘Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights’, German Law Journal, 12 (5), 1231–59 13. Michael O’Boyle (2011), ‘The Future of the European Court of Human Rights’, German Law Journal, 12 (10), 1862–77 14. Marjorie Beulay (2013), ‘The Action of Legal Persons in the European System of Human Rights Protection – Collective or Individual Interest?’, Law and Practice of International Courts and Tribunals, 12 (3), January, 321–41 B. Americas 15. Cecilia Medina (1990), ‘The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights: Reflections on a Joint Venture’, Human Rights Quarterly, 12 (4), November, 439–64 16. Felipe González (2009), ‘The Experience of the Inter-American Human Rights System’, Victoria University of Wellington Law Review, 40 (1), 103–25 17. Jan Schneider (2012), ‘Implementation of Judgments: Should Supervision Be Unlinked from the General Assembly of the Organization of American States?’, Inter-American and European Human Rights Journal, 5 (1–2), 197–215 [19] 18. Ariel Dulitzky (2011), ‘The Inter-American Human Rights System Fifty Years Later: Time for Changes’, Quebec Journal of International Law: Special Edition, September, 127–64 C. Africa 19. Laurence Burgorgue-Larsen (2012), ‘Interpreting the European Convention: What Can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?’, Inter-American and European Human Rights Journal, 5 (1–2), 90–123 20. Makau Mutua (1999), ‘The African Human Rights Court: A Two-Legged Stool?’, Human Rights Quarterly, 21 (2), May, 342–63 21. Nsongurua J. Udombana (2003), ‘An African Human Rights Court and an African Union Court: A Needful Duality or a Needless Duplication?’, Brooklyn Journal of International Law, 28 (3), 811–70 22. Carolyn Scanlon Martorana (2008), ‘The New African Union: Will it Promote Enforcement of the Decisions of the African Court of Human and Peoples’ Rights?’, George Washington International Law Review, 40 (2), 583–610 23. Lucyline Nkatha Murungi and Jacqui Gallinetti (2010), ‘The Role of Sub-Regional Courts in the African Human Rights System’, Sur – International Journal on Human Rights, 7 (13), December–January, 119–43 24. Karen J. Alter, Laurence R. Helfer and Jacqueline R. McAllister (2013), ‘A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice’, American Journal of International Law, 107 (4), October, 737–79 PART III INTERIM MEASURES AS A MEANS FOR ENFORCING HUMAN RIGHTS 25. Laurence Burgorgue-Larsen (2009), ‘Interim Measures in the European Convention System of Protection of Human Rights’, Inter-American and European Human Rights Journal, 2 (1), 99–118 26. Clara Burbano Herrera and Yves Haeck (2010), ‘Letting States off the Hook? The Paradox of the Legal Consequences Following State Non-Compliance with Provisional Measures in the Inter-American and European Human Rights Systems’, Netherlands Quarterly of Human Rights, 28 (3), September, 332–60 27. Helen Keller and Cedric Marti (2013), ‘Interim Relief Compared: Use of Interim Measures by the UN Human Rights Committee and the European Court of Human Rights’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 73 , 325–72 PART IV A UNIVERSAL JUDICIAL ENFORCEMENT OF HUMAN RIGHTS? 28. Manfred Nowak (2007), ‘The Need for a World Court of Human Rights’, Human Rights Law Review, 7 (1), 251–9 29. Martin Scheinin (2009), ‘Towards a World Court of Human Rights’, Research Report within the Framework of the Swiss Initiative to Commemorate the 60th Anniversary of the Universal Declaration of Human Rights, June, 1–63 30. Philip Alston (2014), ‘Against a World Court for Human Rights’, Ethics and International Affairs, 28 (2), July, 197–212 Index
£657.40
Edward Elgar Publishing Ltd Research Handbook on the Theory and Practice of
Book Synopsis'A fascinating collection of essays that reveal the multiple facets of lawmaking in an increasingly interconnected world. In addition to the role played by States, numerous institutional and judicial actors now contribute to lawmaking. In charting these developments, this book provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.' - Laurence Boisson de Chazournes, University of Geneva, SwitzerlandThe global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The Editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.Contributors: M.S. Barr, B.I. Bonafé, C. Brölmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E. Footer, G.I. Hernández, J. Kammerhofer, O. McIntyre, P. Palchetti, D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M. Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev, I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. WoodwardTrade ReviewIf any subject requires a guide, it is international lawmaking. Puzzling even to the experienced, yet critical to a proper understanding of contemporary order, lawmaking encompasses a startling array of participants, practices, subjects, doctrines, terms, institutions, theories, and goals across and at all levels of international society. Equal to the challenge, this Research Handbook cuts through the confusion and comprehensively and inclusively organizes and makes sense of the theory and practice of international lawmaking today. --Jacob Katz Cogan, University of Cincinnati College of LawBased on a more or less inductive approach, the essays brought together in this Research Handbook together draw a coherent picture of the current state of affairs of international law-making. They do so by studying the various sources of international law; the role of a multitude of possible law-makers, and by exploring several deeply regulated branches of international law. The result is a very useful handbook on how and by whom international law is made. --Jan Klabbers, University of Helsinki, FinlandDespite much recent scholarly attention, the ''making of international law'' remains a fairly mysterious process. This collection of essays puts together the pieces of the puzzle. Combining inductive inquiries and theoretical reflections, it takes stock and highlights avenues for future research. --Christian J. Tams, University of Glasgow, UKTable of ContentsContents: Preface Introduction: International Lawmaking in a Global World Catherine Brölmann and Yannick Radi PART I: THEORETICAL VIEWS OF INTERNATIONAL LAWMAKING 1. State Consent as Foundational Myth Wouter G. Werner 2. Subjects and Actors in International Lawmaking: The Paradigmatic Divides in the Cognition of International Norm-Generating Processes Jean d’Aspremont 3. Transnational Lawmaking Dennis Patterson 4. Contemporary Theories and International Lawmaking Ingo Venzke PART II: INTERNATIONAL LAWMAKING IN AN INTER-STATE SETTING 5. Lawmaking by Treaty: Negotiation of Agreements and Adoption of Treaty Texts Kirsten Schmalenbach 6. Lawmaking by Treaty: Conclusion of Treaties and Evolution of a Treaty Regimes in Practice Daniel Costelloe and Malgosia Fitzmaurice 7. The Emergence of Customary International Law: Between Theory and Practice Omri Sender and Michael Wood 8. Relying on General Principles in International Law Beatrice I. Bonafé and Paolo Palchetti PART III: INTERNATIONAL LAWMAKING BEYOND THE STATE 9. Institutional Lawmaking: The Emergence of a Global Normative Web Ramses A. Wessel 10. International Judicial Lawmaking Gleider I. Hernández 11. Domestic Judicial Lawmaking Antonios Tzanakopoulos 12. Quasi-Judicial Bodies Mara Tignino 13. International Lawmaking by Hybrid Bodies: The Case of Financial Regulation Michael S. Barr 14. International Lawmaking and Civil Society Barbara K. Woodward 15. Lawmaking by Scholars Jörg Kammerhofer PART IV: INTERNATIONAL LAWMAKING IN SELECTED ISSUE AREAS 16. The Making of International Human Rights Law Vassilis P. Tzevelekos 17. The Making of International Criminal Law Sergey Vasiliev 18. The Making of International Trade Law Mary E. Footer 19. The Making of International Environmental Law Francesca Romanin Jacur 20. The Making of International Natural Resources Law Owen McIntyre Index
£210.00
Edward Elgar Publishing Ltd Research Handbook on Sovereign Wealth Funds and
Book SynopsisThis Research Handbook is quite timely in its broad coverage of most, if not all, main aspects of SWFs, which have become such important players in the international investment arena. Thanks to the contribution of specialists with a diverse background in law, taxation, international economics, relations and governance, this book offers a comprehensive picture of their structure, functions, governance and practices. The analysis includes the impact that SWFs have both in individual host states where they invest and as agents of development in the global economy.'- Giorgio Sacerdoti, Bocconi University, ItalyResearch into the role of sovereign investments in a time of crisis is still unsatisfactory. This timely Research Handbook investigates the juridical foundation of sovereign wealth funds and investments and extends our frontier of understanding in this important area.Current research surrounding sovereign wealth funds is focused on investment flows and trends that are grounded in economics, neglecting to consider the role of law and governance in the investigation. From a legal perspective, the Handbook narrates a 'passive' side of sovereign wealth funds and state owned companies, exploring how and to what extent the legal constraints imposed by host States act as barriers to investments. Additionally, the active side is also discussed and the influence of ethical principles, treaty re-negotiations and sovereign immunity practices on state investments considered.A comprehensive reference on a complex area of research, the Handbook will be a valuable addition to the library of scholars and students interested in investment law, central banks, international economics and governance.Contributors: G. Adinolfi, F. Bassan, M. Castelli, L. Catà Backer, A. De Luca, S. Ghahramani, K. Gordon, L. Hsu, A.Lee, F. Munari, J. Pohl, B.J. Richardson, P. Rose, F. Scacciavillani, M. Vellano, A. Viterbo, T. Weiler, E. WhitsittTrade Review‘This Research Handbook is quite timely in its broad coverage of most, if not all, main aspects of SWFs, which have become such important players in the international investment arena. Thanks to the contribution of specialists with a diverse background in law, taxation, international economics, relations and governance, this book offers a comprehensive picture of their structure, functions, governance and practices. The analysis includes the impact that SWFs have both in individual host states where they invest and as agents of development in the global economy.’ -- Giorgio Sacerdoti, Bocconi University, ItalyTable of ContentsContents: PART 1 INTRODUCTION Introduction Fabio Bassan 1. SWFs and State Investments: A Preliminary General Overview Massimiliano Castelli and Fabio Scacciavillani PART II SWFS AND OTHER FORMS OF SOVEREIGN INVESTMENT 2. Sovereign Wealth Funds: A Definition and Classification Fabio Bassan 3. SWFs in Five Continents and Three Narratives: Similarities and Differences Larry Catá Backer PART III SWF AND INTERNATIONAL REGULATION 4. Santiago GAPPs and Code of Conducts: Limits and Chances of Negotiated Rules Locknie Hsu 5. Policy Frameworks for SWF Investments - OECD and Host Country Perspectives Kathryn Gordon and Joachim Pohl PART IV SWF AND REGULATION AT REGIONAL AND NATIONAL LEVEL 6. The Foreign Investment and National Security Act Of 2007: An Assessment of its Impact on Sovereign Wealth Funds and State-Owned Enterprises Paul Rose 7. The EU and Member States: FDI, Portfolio Investments, Golden Powers and SWFs Anna De Luca 8. SWFs and Taxation: National, Bilateral and Multilateral Approach Fabio Bassan PART V SWF INVESTMENT PROTECTION 9. SWF and State Immunity: Overcoming the Contradiction Giovanna Adinolfi 10. Sovereign Wealth Funds and Bilateral Investment Treaties’ New Models: Issues, New Trends and State Practice Elizabeth Whitsitt and Todd Weiler PART VI SWF’S RELEVANCE AND EFFECTS ON INTERNATIONAL INVESTMENTS 11. SWFs and Human Rights Protection Salar Ghahramani 12. SWFs and Environmental Protection Francesco Munari 13. SWFs and Development Michele Vellano and Annamaria Viterbo 14. Social Investing without Legal Imprimatur: the Latent Possibilities for SWFs Benjamin J. Richardson and Angela Lee Index
£168.15
Edward Elgar Publishing Ltd Epistemic Forces in International Law:
Book SynopsisEpistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity.This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.Trade ReviewTo whom does international law belong? International lawyers have shaped our understanding of the nature as well as of the content of the discipline to an unusually high degree. This book explores this phenomena, probing the nature of the community of international lawyers that engage in this practice, its causes, consequences and the means through which it is accomplished. It is replete with thought-provoking insights into why we understand international law in the way that we do and, as a result, seeks to open the space for new understandings to emerge. --Malcolm D. Evans, University of Bristol, UKLaw does not have the seamless consistency of mathematics or moral philosophy; and lawyers need to be aware of its limitations. Many lawyers have quoted Emerson's great dictum that 'foolish consistency is the hobgoblin of little minds', but few have had the courage to act on it. Here, d'Aspremont offers a principled defence of a position that is not only the unavoidable fate of the international lawyer but also the best hope for the rational development of international law. --Vaughan Lowe, Oxford University, UKJean d'Aspremont is one of the more thoughtful and creative international legal academics of his generation. In this volume of essays, he aims to explore how the 'invisible college of international lawyers' (to use a famous phrase) works, based on the idea that insight into the way international lawyers work will also tell us something of great value about international law itself. The result is sometimes compelling, sometimes controversial, and invariably thought-provoking: a must-read for the self-reflective international lawyer. --Jan Klabbers, University of Helsinki, FinlandTable of ContentsContents: PART I THE FOUNDATIONAL DOCTRINES 1. Subjects 2. Sources 3. Law-making 4. Institutions 5. Effectivity PART II THE ARGUMENTATIVE TECHNIQUES 6. Methodology 7. Interpretation 8. Academic Writing 9. Dissemination 10. Expert Blogging Index
£100.00
Edward Elgar Publishing Ltd Epistemic Forces in International Law:
Book SynopsisEpistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity.This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.Trade ReviewTo whom does international law belong? International lawyers have shaped our understanding of the nature as well as of the content of the discipline to an unusually high degree. This book explores this phenomena, probing the nature of the community of international lawyers that engage in this practice, its causes, consequences and the means through which it is accomplished. It is replete with thought-provoking insights into why we understand international law in the way that we do and, as a result, seeks to open the space for new understandings to emerge. --Malcolm D. Evans, University of Bristol, UKLaw does not have the seamless consistency of mathematics or moral philosophy; and lawyers need to be aware of its limitations. Many lawyers have quoted Emerson's great dictum that 'foolish consistency is the hobgoblin of little minds', but few have had the courage to act on it. Here, d'Aspremont offers a principled defence of a position that is not only the unavoidable fate of the international lawyer but also the best hope for the rational development of international law. --Vaughan Lowe, Oxford University, UKJean d'Aspremont is one of the more thoughtful and creative international legal academics of his generation. In this volume of essays, he aims to explore how the 'invisible college of international lawyers' (to use a famous phrase) works, based on the idea that insight into the way international lawyers work will also tell us something of great value about international law itself. The result is sometimes compelling, sometimes controversial, and invariably thought-provoking: a must-read for the self-reflective international lawyer. --Jan Klabbers, University of Helsinki, FinlandTable of ContentsContents: PART I THE FOUNDATIONAL DOCTRINES 1. Subjects 2. Sources 3. Law-making 4. Institutions 5. Effectivity PART II THE ARGUMENTATIVE TECHNIQUES 6. Methodology 7. Interpretation 8. Academic Writing 9. Dissemination 10. Expert Blogging Index
£28.45
Edward Elgar Publishing Ltd War Crimes and the Conduct of Hostilities:
Book SynopsisAlthough the public thinks of 'war crimes' as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.'- William Schabas, Middlesex University, UK'This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.'- Mark A. Drumbl, Washington and Lee University, USMost charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include: violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts.This indispensable study will strongly benefit academics, students, lawyers, judges and practitioners in international criminal law, international humanitarian law and human rights law. Government and public administration officials, along with NGO members, will also find much to interest them in this timely book.Contributors: A. Alì, J. Beqiraj, A. Cannone, A. Carcano, M. Castellaneta, M. Frulli, P. Gaeta, E. Greppi, A. Leandro, F. Moneta, G. Nesi, A. Oddenino, M. Pedrazzi, M. Pertile, F. Pocar, L. Poli, A.L. Sciacovelli, A. Spagnolo, S. Vezzani, S. WilkinsonTrade Review‘Although the public thinks of “war crimes” as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.’ -- William Schabas, Middlesex University, UK‘This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.’ -- Mark A. Drumbl, Washington and Lee University, USTable of ContentsContents: Preface PART I: SETTING THE LEGAL FRAMEWORK 1. The Criminalization of the Violations of International Humanitarian Law from Nuremberg to the Rome Statute Fausto Pocar 2. Serious Violations of the Law on the Conduct of Hostilities: A Neglected Class of War Crimes? Paola Gaeta 3. To What Extent do the International Rules on Human Rights Matter? Edoardo Greppi PART II: VIOLATIONS OF THE PRINCIPLES OF DISTINCTION, PROPORTIONALITY AND PRECAUTION 4. Direct Attacks on Civilians and Indiscriminate Attacks as War Crimes Francesco Moneta 5. The Criminalization and Prosecution of Attacks Against Cultural Property Andrea Carcano 6. Using Human Shields as a War Crime Marco Pedrazzi PART III: VIOLATIONS OF THE RULES PROTECTING PARTICULAR CATEGORIES OF PERSONS 7. The Enlistment, Conscription and Use of Child Soldiers as War Crimes Alberto Oddenino 8. Criminalizing Rape and Sexual Violence as Means of Warfare Ludovica Poli 9. The Crime of Attacking Peacekeepers Andrea Spagnolo PART IV: VIOLATIONS OF THE RULES ON MEANS OF WARFARE 10. The Use of Prohibited Weapons and War Crimes Andrea Cannone 11. New Weapons, Old Crimes? Marina Castellaneta 12. The Criminalization of the Use of Biological and Chemical Weapons Annita Larissa Sciacovelli 13. Arms Transfer and Complicity in War Crimes Antonio Leandro PART V: THE SPECIAL CASE OF TERRORISM IN ARMED CONFLICTS 14. International Terrorism, the Law of War and the Negotiation of a UN Comprehensive Convention Giuseppe Nesi 15. Terror and Terrorism in Armed Conflicts: Developments in International Criminal Law Julinda Beqiraj 16. Fighting Terror within the Law? Terrorism, Counterterrorism and Military Occupations Marco Pertile 17. The Relevance of International Humanitarian Law in National Case Law on Terrorism Antonino Alì PART VI: INVESTIGATIONS AND FACT FINDING: A(N) (IM)POSSIBLE MISSION? 18. The Challenges of Establishing the Facts in Relation to ‘Hague Law’ Violations Stephen Wilkinson 19. UN Fact-Finding Commissions and the Prosecution of War Crimes: An Evolution Towards Justice-Oriented Missions? Micaela Frulli 20. Fact-Finding by International Human Rights Institutions and Criminal Prosecution Simone Vezzani Index
£132.00
Edward Elgar Publishing Ltd Beyond Territorial Disputes in the South China
Book SynopsisThis highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea.The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development.Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.Contributors: V. Becker-Weinberg, R. Beckman, L. Bernard, P. Cameron, T. Davenport, R. James, S. Jayakumar, S. Kaye, G. MacLaren, B. Milligan, R. Nowinski, D.M. Ong, C. Schofield, I. Townsend-GaultTrade ReviewThe book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept. --Djalal Hasjim, Director of Southeast Asian Studies, Jakarta, Indonesia'Beyond Territorial Disputes in the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources is an excellent work of collective wisdom on solving the disputes in the South China Sea region. This book is informative and pragmatic in its academic nature. In addition, it is also important for providing a great amount of legal discussion on solving the South China Sea disputes through the construction of joint development mechanisms.' --Kuan-Hsiung Wang, Pacific Affairs'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' --Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, IndonesiaTable of ContentsContents: Preface S. Jayakumar Introduction: Why Joint Development in the South China Sea? Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard PART I: UNDERSTANDING THE SOUTH CHINA SEA DISPUTES 1. What’s at Stake in the South China Sea? Geographical and Geopolitical Considerations Clive Schofield 2. International Law, UNCLOS and the South China Sea Robert Beckman PART II: JOINT DEVELOPMENT: PRINCIPLES, PRE-REQUISITES AND PROVISIONS 3. The Exploration and Exploitation of Hydrocarbon Resources in Areas of Overlapping Claims Tara Davenport 4. Rationale for Zones of Co-operation Ian Townsend-Gault 5. Negotiating Joint Development Agreements Gavin MacLaren and Rebecca James 6. Joint Development Arrangements: Legal Structure and Key Issues Peter Cameron and Richard Nowinski PART III: JOINT DEVELOPMENTS AND OTHER PROVISIONAL ARRANGEMENTS IN ASIA 7. Implications of Recent Southeast Asian State Practice for the International Law on Offshore Joint Development David M. Ong 8. Joint Development Arrangements in Northeast Asia and the Gulf of Tonkin Vasco Becker-Weinberg 9. Joint Development in the Timor Sea Stuart Kaye 10. The Australian–Papua New Guinea Torres Strait Treaty: A Model for Co-operative Management of the South China Sea? Ben Milligan PART IV: CONCLUSIONS: JOINT DEVELOPMENT IN THE SOUTH CHINA SEA 11. Factors Conducive to Joint Development in Asia – Lessons Learned for the South China Sea Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard 12. Moving Forward on Joint Development in the South China Sea Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard Index
£124.45
Edward Elgar Publishing Ltd Dictionary of International Human Rights Law
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
£30.35
Edward Elgar Publishing Ltd Research Handbook on Human Rights and Investment
Book SynopsisIn today'?s globalised world, the relationship between human rights and investment is an important societal and legal issue. This Research Handbook unravels this complex interaction and sheds light on all of its dimensions; it takes stock of the impact that investment operations can have on human rights and it examines how international law addresses, and contributes to, this complicated interplay. Taking a unique approach, the Handbook contains insightful chapters that provide analyses of specific international law regimes, with a particular focus on international investment law standards and investor-state arbitration. It also offers in-depth discussions of the corporate and home State responsibilities that can result from the activities of multinational corporations. Sectorial and regional case studies are also explored; they provide a grounding for the more theoretical aspects of the Handbook and highlight the key industries, such as the agricultural and extractive industries, that are prone to human rights violations. Academics, practitioners and policy-makers, with an interest in human rights law, international economic law and the activities of multinational corporations, will find this Research Handbook to be an important resource in their daily research and practice.Contributors include: D. Baumann-Pauly, A. Berkes, L. Boisson de Chazournes, K. Cordes, E. De Brabandere, M. Fanou, M. Hazelzet, S.M. Jastram, U. Kriebaum, J. Kyriakakis, G. Lehane, G. Lhuilier, D. Lim, J. Loutit, J. Mandelbaum, R. Mella, R. Polanco, Y. Radi, M. Tignino, R.V. Vadi, V. TzevelekosTrade Review'The Research Handbook on Human Rights and Investment provides a comprehensive and timely analysis of the various dimensions of the interplay between investment and human rights. These many dimensions, including the effect of foreign investment on a local population's human rights and international corporate responsibility for human rights violations, raise complex policy and legal questions. The Research Handbook is a welcome and important contribution to research on the controversial interplay between investment and human rights.' --Andrew Newcombe, University of Victoria, CanadaTable of ContentsContents: Preface Introduction: Taking stock of the societal and legal interplay between human rights and investment Yannick Radi PART I VIEWS FROM INTERNATIONAL LAW REGIMES 1.Human rights and international investment arbitration Ursula Kriebaum 2. Investment arbitration and human rights cases in Latin America Rodrigo Polanco and Rodrigo Mella 3. The shared territory of the ECHR and international investment law Maria Fanou and Vassilis Tzevelekos 4. Human rights, international investment law and transparency Laurence Boisson de Chazournes and Rukia Baruti 5. Human rights and investments at the WTO Valentina Vadi 6. Human Rights at the World Bank group Gwen Lehane PART II MNCs’ ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS 7. Corporate responsibility and human rights – Navigating between international, domestic and self-regulation Eric De Brabandere and Maryse Hazelzet 8. MNCs obligations in their 'sphere of influence' Gilles Lhuilier 9. International criminal responsibilities for MNCs violations of human rights Joanna Kyriakakis 10. Extraterritorial responsibility of the home States for MNCs violations of human rights Antal Berkes PART III SECTORIAL AND REGIONAL CASE STUDIES 11. Extractive industry investments and human rights Jacky Mandelbaum and Jennifer Loutit 12. Investments and human rights in the agricultural sector Kaitlin Cordes 13. Assessing human rights issues in the fashion industry – Challenges for investors Dorothée Baumann-Pauly and Sarah Margaretha Jastram 14. Private investments and the human right to water Mara Tignino 15. Investments and human rights in Asia Delphia Lim Index
£192.85
Edward Elgar Publishing Ltd Compulsory Jurisdiction in International Law
Book SynopsisThe system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts' Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural aspects of the unilateral declarations of acceptance and the reservations added to these declarations.The author critically examines those reservations which undermine the system of compulsory jurisdiction and discusses the major controversies. She considers the various aspects of compulsory jurisdiction giving special attention to the States' practice, the Courts' jurisprudence and both Courts' relevant case law. The book contains a unique comparative analysis of all the declarations of acceptance made since the establishment of the Permanent Court of International Justice while also debating the shortcomings and the future of the system.This comprehensive study will strongly appeal to international law academics and advanced students as well as to practitioners involved with international judicial fora.Contents: 1. A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court's Jurisdiction 11. Reconsidering the Optional Clause System IndexTable of ContentsContents: 1. A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court’s Jurisdiction 11. Reconsidering the Optional Clause System Index
£111.00
Edward Elgar Publishing Ltd Research Handbook on the Politics of
Book SynopsisWhat is the relationship between politics and international law? Rather than exploring this question through the lens of the dominant paradigms of international relations theory - realism, liberalism, and constructivism - this book proposes a different approach. Based on the premise that the relationship varies depending on the sites where it unfolds, and inspired by comparative politics and socio-legal studies, the book develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. Expert contributors apply this analytical framework to diverse fields of law and politics. Part I examines the problems of compliance, effectiveness and the domestic enforcement of international law, and legal institutions including domestic and international courts, national legislatures and regime complexes. Part II covers substantive fields of governance such as global financial regulation, environmental standards, trade, intellectual property and human rights. The final chapters in this Part tackle emerging yet critical issues in international law, including terrorism, cyber conflict and Internet regulation. Together, the chapters represent a significant step forward in the comparative analysis of politics and international law. This Research Handbook will be essential reading for students and academics in political science and law alike.Contributors include: W.C. Banks, R. Brewster, A. Chander, K.L. Cope, M. Elsig, B. Faude, T. Gehring, C. Hillebrecht, S. Katzenstein, M.R. Madsen, W. Mattli, J.J. Paust, M.J. Peterson, S. Puig, W. Sandholtz, J. Seddon, S.K. Sell, G. Shaffer, D. Sloss, M. Van Alstine, P.-H. Verdier, M. Versteeg, C.A. WhytockTrade Review'Sandholtz and Whytock have put together an outstanding collection of essays on the intersection of international law and politics. Focusing on stages and systems of governance, the editors illuminate sites in the international order where legal norms have a direct impact on politics. The volume also looks to the ways in which law and politics change and evolve at the global level as a result of continuing contestation. A must-read for students of global law and politics.' --Anthony F. Lang, Jr, University of St Andrews, UK'This next-generation volume both consolidates a range of recent insights and sets an agenda for the study of the politics of international law. Moving beyond simple binaries of domestic/international, law/politics, and binding/non-binding, the editors and authors collectively elucidate a wide range of phenomenon with a fresh perspective. The result is an essential starting point for international legal studies going forward.' --Tom Ginsburg, University of Chicago, US'As the world becomes increasingly legalized, this Research Handbook on the Politics of International Law offers innovative guidance about how to understand law's politics and effects. Sandholtz and Whytock construct a rigorous yet supple theoretical foundation for an excellent array of both conceptual essays and case studies on topics ranging from finance and trade to cyberconflict and human rights. The Research Handbook is an important theoretical contribution for anyone interested in the intersection of law and politics, which these days includes most of us.' --Martha Finnemore, George Washington University, USTable of ContentsContents: 1. The Politics of International Law Wayne Sandholtz and Christopher A. Whytock PART I LAW, POLITICS AND INSTITUTIONS 2. Compliance: Actors, Context and Causal Processes Courtney Hillebrecht 3. The Effectiveness of International Law and Stages of Governance Rachel Brewster 4. International Law in Domestic Courts David L. Sloss and Michael P. Van Alstine 5. Treaty Law and National Legislative Politics Kevin L. Cope 6. Modes of Domestic Incorporation of International Law Pierre-Hugues Verdier and Mila Versteeg 7. Regime Complexes as Governance Systems Benjamin Faude and Thomas Gehring PART II SITES OF GOVERNANCE 8. The Power of the Implementers: Global Financial and Environmental Standards Walter Mattli and Jack Seddon 9. The European Court of Human Rights and the Politics of International Law Mikael Rask Madsen 10. The Law and Politics of WTO Dispute Settlement Gregory Shaffer, Manfred Elsig and Sergio Puig 11. The Politics of International Intellectual Property Law Susan K. Sell 12. Non-State Actors and Human Rights: Legalization and Transnational Regulation Suzanne Katzenstein 13. The "War" on Terror and International Law Jordan J. Paust 14. An Emerging International Legal Architecture for Cyber Conflict William C. Banks 15. Who Runs the Internet? Anupam Chander 16. Politics and Law in International Environmental Governance M.J. Peterson Index
£197.60
Edward Elgar Publishing Ltd Biodiversity and Nature Protection Law
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. The unprecedented degradation of the planet's vital ecosystems and species, and the consequent damage to the variability of life on Earth, are one of the most pressing issues confronting the international community. The purpose of this volume of the Elgar Encyclopedia of Environmental Law is to provide a critical assessment of international biodiversity law in the face of the failed attempts to reduce the global trend in irreversible biodiversity loss and the need to increase efforts, including through indirect drivers of change such as institutions, governance and legal frameworks. The volume assesses comprehensively how and to what extent international law has addressed the key concerns presently facing biodiversity conservation, made recourse to conventional and market-based approaches to biodiversity conservation and sustainable use, tackled cross-cutting issues, and considered direct as well as indirect changes in socio-economic conditions. In doing so, the volume examines the historical development, principles, themes and cross cutting issues of international biodiversity law. Each article, written by an invited expert in that field, contains an overview of the topic, provides a concise review of current knowledge, identifies new directions for cutting-edge research and offers an extensive bibliography. This major research-focused resource and its in-depth exploration of the field of biodiversity law is an essential reference for university students, teachers, researchers, practitioners and policy makers.Contributors include: N. Affolder, S. Aguilar, S. Alam, R.A. Barnes, V. Barral, S.W. Burgiel, A. Cardesa-Salzmann, C. Chiarolla, A. Cliquet, N. Craik, N. de Sadeleer, L. de Silva, D. Diz, B. Ferreira de Souza Dias, A. Fodella, K. Garforth, A. Gupta, V. Jenkins, H.C. Jonas, A. Kotsakis, A. Langlais, S. Maljean-Dubois, E. Morgera, R. Moynihan, M. Ntona, A. Orsini, R. Pavoni, N. Peralta, F. Perron-Welch, D. Piselli, J. Razzaque, S. Romppanen, A. Savaresi, N. Schabus, H. Schoukens, P. Schwartz, E.J. Techera, E. Tsioumani, H. van Asselt, M. Wemaëre, C. Willmore,Table of ContentsContents: Foreword to the Encyclopedia, Jamie Benidickson and Yves Le Bouthillier Foreword to Volume, Michael Faure Introduction: The research challenge of international biodiversity law Elisa Morgera Part I Historical and Conceptual Background 1. Historical perspectives on the challenge of biodiversity conservation Braulio Ferreira de Souza Dias and Kathryn Garforth 2. Sovereignty, conservation and sustainable use Christin Willmore 3. The Historical Roots of the North-South Dynamic in Biodiversity Conservation and its Imprint on the Convention on Biological Diversity Andreas Kostakis Part II Principles and Approaches 4. Sustainable development and equity in biodiversity conservation Virginie Barral 5. The ecosystem approach and the precautionary principle Elisa Morgera 6. Nature capital: valuation and payments for ecosystem services Alexandra Langlais Part III Key Themes 7. Species-based conservation Erika J. Techera 8. Terrestrial Areas Protection An Cliquet and Hendrik Schoukens 9. Marine Biodiversity: Unraveling the Intricacies of the Global Frameworks and Applicable Concepts Daniela Diz 10. Indigenous Peoples’ and Community Conserved Territories and Areas (ICCAs): Evolution in International Biodiversity Law Holly C. Jonas 11. Mountain biodiversity Alessandro Fodella 12. Island biodiversity Richard A. Barnes 13. Inland Water Biodiversity: International Law on Protection of Transboundary Freshwater Ecosystems and Biodiversity Ruby Moynihan 14. Forest biodiversity Annalisa Savaresi 15. Dryland biodiversity: ecosystems, people and the law Elsa Tsioumani 16. Biosafety Law Frederic Perron-Welch 17. Access to Genetic Resources and and Benefit Sharing Riccardo Pavoni and Dario Piselli 18. Agriculture and biodiversity conservation Claudio Chiarolla 19. Traditional knowledge Nicole Schabus Part IV Cross-cutting Issues 20. Invasive Alien Species Stanley W. Burgiel 21. Biodiversity and Climate Change Sandrine Maljean-Dubois and Matthieu Wemaëre 22. REDD+ and Biodiversity Harro Van Asselt 23. Trade, Investment and Biodiversity Conservation Shawkat Alam 24. Gender and the Convention on Biological Diversity Victoria Jenkins 25. Biofuels Seita Romppanen 26. Technology Transfer Mara Ntona 27. Ecotourism Nelissa Peralta Part V Actors 28. Non-state actors Natasha Affolder 29. International Financial Institutions and Biodiversity Conservation Priscilla Schwartz 30. European Union Nicolas de Sadeleer Part VI Implementation, Enforcement and Compliance 31. Biodiversity-inclusive impact assessment Neil Craik 32. Liability, Redress and Cartagena Protocol Aarti Gupta and Amandine Orsini 33. Monitoring and compliance mechanisms Antonio Cardesa-Salzmann 34. Public participation in biodiversity conservation Lalanath de Silva 35. The International Finance for Biodiversity and the Global Environment Facility Soledad Aguilar 36. Concluding Remarks Jona Razzaque Index
£204.25
Edward Elgar Publishing Ltd Advanced Introduction to International Investment
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences 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. Written from a public international lawyer's perspective, this short but significant book gives a broad overview of international investment law (IIL), explaining core concepts of investment protection, their evolution, and how investment tribunals have interpreted them. It examines the main features of the prevailing investment dispute settlement system and takes into account historic antecedents and possible future developments. August Reinisch facilitates easy access to the field by putting international investment law into its broader historical, political and legal context. Key features include: a combination of academic and practical perspectives a broad-based contextual introduction a nuanced, integrated overview of the links and connections between different areas of international investment law. This Advanced Introduction is an indispensable guide for students of law, political science, international relations and economics. Comprehensive and accessible, it is essential reading for lawyers, scholars and policy advisors seeking to further their understanding of international investment law.Trade Review'This book is a real feat. The basics, and latest trends, on substantive investment protection principles and investor-state dispute settlement in just over 100 pages. As a primer or refresher, I highly recommend it.' --Joost Pauwelyn, Graduate Institute of International and Development Studies, Switzerland'Prof. Reinisch's Advanced Introduction to International Investment Law provides a necessary guide for anyone embarking on the study of a field that has grown up and is, at the same time, facing calls for fundamental reform. The book is comprehensive and covers all the basic elements of the field. It is also impressive in its use of supporting materials yet remains accessible to non-specialists. Further, the depth of its analyses makes it also useful for the experienced academic or practitioner.' --Gabriel Bottini, Uría Menéndez, Spain'Prof. Reinisch's Advanced Introduction to International Investment Law provides a necessary guide for anyone embarking on the study of a field that has grown up and is, at the same time, facing calls for fundamental reform. The book is comprehensive and covers all the basic elements of the field. It is also impressive in its use of supporting materials yet remains accessible to non-specialists. Further, the depth of its analyses makes it also useful for the experienced academic or practitioner.' --Gabriel Bottini, Uría Menéndez, SpainTable of ContentsContents: Preface 1. Introduction 2. Expropriation 3. Fair and equitable treatment (FET) 4. Non-discrimination and other Investment Protection standards 5. Investor-State Dispute Settlement (ISDS) 6. Conclusion Index
£85.00
Edward Elgar Publishing Ltd Advanced Introduction to International Investment
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences 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. Written from a public international lawyer's perspective, this short but significant book gives a broad overview of international investment law (IIL), explaining core concepts of investment protection, their evolution, and how investment tribunals have interpreted them. It examines the main features of the prevailing investment dispute settlement system and takes into account historic antecedents and possible future developments. August Reinisch facilitates easy access to the field by putting international investment law into its broader historical, political and legal context. Key features include: a combination of academic and practical perspectives a broad-based contextual introduction a nuanced, integrated overview of the links and connections between different areas of international investment law. This Advanced Introduction is an indispensable guide for students of law, political science, international relations and economics. Comprehensive and accessible, it is essential reading for lawyers, scholars and policy advisors seeking to further their understanding of international investment law.Trade Review'This book is a real feat. The basics, and latest trends, on substantive investment protection principles and investor-state dispute settlement in just over 100 pages. As a primer or refresher, I highly recommend it.' --Joost Pauwelyn, Graduate Institute of International and Development Studies, Switzerland'Prof. Reinisch's Advanced Introduction to International Investment Law provides a necessary guide for anyone embarking on the study of a field that has grown up and is, at the same time, facing calls for fundamental reform. The book is comprehensive and covers all the basic elements of the field. It is also impressive in its use of supporting materials yet remains accessible to non-specialists. Further, the depth of its analyses makes it also useful for the experienced academic or practitioner.' --Gabriel Bottini, Uría Menéndez, Spain'Prof. Reinisch's Advanced Introduction to International Investment Law provides a necessary guide for anyone embarking on the study of a field that has grown up and is, at the same time, facing calls for fundamental reform. The book is comprehensive and covers all the basic elements of the field. It is also impressive in its use of supporting materials yet remains accessible to non-specialists. Further, the depth of its analyses makes it also useful for the experienced academic or practitioner.' --Gabriel Bottini, Uría Menéndez, SpainTable of ContentsContents: Preface 1. Introduction 2. Expropriation 3. Fair and equitable treatment (FET) 4. Non-discrimination and other Investment Protection standards 5. Investor-State Dispute Settlement (ISDS) 6. Conclusion Index
£17.95
Edward Elgar Publishing Ltd Concepts for International Law: Contributions to
Book Synopsis'This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.'- Anne Orford, Melbourne Law School, Australia'Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.'- Benedict Kingsbury, New York University, School of Law, USConcepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline.This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life.Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read. Contributors include: P. Allott, A. Anghie, A. Bianchi, L. Bonadiman, F.L. Bordin, C. Brölmann, B. Çali, P. Capps, H. Charlesworth, J.K. Cogan, H.G. Cohen, R. Collins, J. d'Aspremont, M. Goldmann, G. Gordon, J. Haskell, K.J. Heller, G.I. Hernández, F. Hoffmann, D.B. Hollis, O.U. Ince, V. Jeutner, F. Johns, O. Kessler, J. Klabbers, R. Knox, N. Krisch, V. Kumar, M.M. Mbengue, F. Mégret, T. Meyer, C.A. Miles, S. Moyn, S. Neff, J. Nijman, A. Nollkaemper, U. Öszu, A. Peters, M. Prost, Y. Radi, N.M. Rajkovic, A. Rasulov, W. Rech, F.D. Reis, C. Ryngaert, P. Schlag, I. Scobbie, M. Shahabuddin, G. Simpson, S. Singh, T. Skouteris, U. Soirila, T. Sparks, C.J. Tams, A.A.C. Trindade, N. Tzouvala, A. van Mulligen, I. Venzke, G. Verdirame, J. von Bernstorff, I. WuerthTrade Review‘An extremely well-indexed treasure chest which allows the reader to follow an idea through the lenses of different authors and to understand the historical and conceptual contexts in which each lens is situated. The scholarship is stellar, emanating from long-established luminaries as well as innovative, newer participants at earlier stages of their careers. The contributors hail from eighteen countries, with at least one participant from each of the geographical regions of the globe, which adds to the cosmopolitan flavour of the text. . . it will illuminate, provoke and inform. The book is described as essential reading for “researchers, postgraduates and doctoral students”, I think it could prove to be invaluable at earlier stages of study as well.’ -- C H Powell, The South African Law Journal‘This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.’ -- Anne Orford, Melbourne Law School, Australia‘Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.’ -- Benedict Kingsbury, New York University, School of Law, US‘This volume traverses the concepts that aim to anchor international law. Presented as an “experiment”, the work assembles the greatest voices to interrogate the power of international law’s core concepts. And it does so with much success. This is a magnificent work’. -- Larissa van den Herik, Leiden University, the Netherlands‘The editors of this book offer it as a response to what they see as a profound contemporary malaise in international law, connected to a faltering faith in the liberal cosmopolitanism, and a deep understanding of international law's implications in many of the world's most horrific inequities and injustices. Through its diverse chapters, they explore the counterintuitive but intriguing proposition that the way out may lie in a new mode of ‘conceptualisation’, that is to say, a way of being in which the flawed conceptual heritage of international law is understood to require not just powerful critique, but also an attitude of gentle and knowing stewardship.’ -- Andrew Lang, University of Edinburgh, UK‘This is an extremely rich and diverse collection of chapters on some important foundational concepts in international law. The chapters reflect the variety of approaches in international law today. I really enjoyed reading the book, as it challenged several of my assumptions about the field.’ -- Wouter Werner, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction: Concepts for International Law: Contributions to Disciplinary Thought Jean d’Aspremont and Sahib Singh A Analogy Fernando Lusa Bordin Authority Başak Çalı Autonomy Richard Collins B Bindingness Jean d’Aspremont C Civilization Ntina Tzouvala Coherence Yannick Radi Compliance Ingrid Wuerth Consent Stephen Neff Constitutionalisation Anne Peters Critic Jochen von Bernstorff D Democracy Hilary Charlesworth Development Onur Ince Discourse Florian Hoffmann Domination Anthony Anghie E Effectiveness Gleider I. Hernandez Epistemic Communities Andrea Bianchi Ethics Jan Klabbers Ethnicity Mohammad Shahabuddin F Faith Luca Bonadiman Fragmentation Harlan Grant Cohen H Hegemony Robert Knox Humanity Ukri Soirila I Identity John Haskell Ideology Walter Rech Imagination Gerry Simpson Imperialism Akbar Rasulov Indeterminacy Cameron A. Miles Individual Antônio Augusto Cançado Trindade Instrumentalism Timothy Meyer Interdisciplinarity Nikolas M. Rajkovic International Community Christian J. Tams International Crime Kevin Jon Heller International Organization Jacob Katz Cogan Interpretation Duncan B. Hollis Interpretivism Patrick Capps J Jurisdiction Cedric Ryngaert Justice Frédéric Mégret L Legal Dilemma Valentin Jeutner Legal Form Umut Özsu Legality Fleur Johns Legitimacy Oliver Kessler and Filipe Dos Reis N Normativity Anne van Mulligen P Personality Catherine Brölmann and Janne Nijman Pluralism Nico Krisch Precedent Makane Moïse Mbengue Progress Thomas Skouteris R Reason Pierre Schlag Relative Normativity Matthias Goldmann Responsibility André Nollkaemper Revolutionaries Vidya Kumar Rights Samuel Moyn Rule of Law Philip Allott S Semantic Authority Ingo Venzke Sovereignty Guglielmo Verdirame State Tom Sparks System Mario Prost U Universalism Geoff Gordon Utopian Akbar Rasulov W War Iain Scobbie Index
£277.00
Edward Elgar Publishing Ltd Law on the Use of Force and Armed Conflict
Book SynopsisThis comprehensive four-volume compilation presents seminal works from leading authors on the use of force and armed conflict, beginning with detailed analysis of the prohibition of forcible intervention, including interpretation of the rule and notable exceptions to it. In addition, the collection offers a wealth of important material on the law of armed conflict in connection with its foundations, applicability, sources, substance, practical application, and implementation. Together with an original introduction by the editors, the collection provides a thorough grounding in the law relating to the initial use of force and subsequent armed conflict, and is an essential source of reference for practitioners, academics and students alike.Trade Review‘Cryer and Henderson have assembled a superb collection of articles on the use of force and the law of armed conflict, one that intelligently and comprehensively explores all sides of the numerous controversies that characterise both areas of international law. Given the deluge of writing they had to choose from, that is a remarkable feat. Any international lawyer will want a copy of this collection in their university library and on their bookshelf.’ -- Kevin Jon Heller, Australian National University, Australia and University of Amsterdam, the NetherlandsTable of ContentsContents: Introduction Robert Cryer and Christian Henderson PART I THE GENERAL PROHIBITION OF FORCIBLE INTERVENTION 1. Joachim von Elbe (1939), ‘The Evolution of the Concept of the Just War in International Law’, American Journal of International Law, 33 (4), October, 665–88 2. Sir John Fischer Williams (1933), ‘The Covenant of the League of Nations and War’, Cambridge Law Journal, V (1), March, 1–21 3. J.L. Brierly (1929), ‘Some Implications of the Pact of Paris’, British Year Book of International Law, 10, 208–10 4. Vaughan Lowe (1994), ‘The Principle of Non-Intervention: Use of Force’, in Colin Warbrick and Vaughan Lowe (eds), The United Nations and the Principles of International Law: Essays in Memory of Michael Akehurst, Chapter 4, London, UK and New York, NY, USA: Routledge, 66–84 5. Thomas M. Franck (1970), ‘Who Killed Article 2(4)? Or: Changing Norms Governing the Use of Force by States’, American Journal of International Law, 64 (5), October, 809–37 6. Louis Henkin (1971), ‘The Reports of the Death of Article 2(4) Are Greatly Exaggerated’, American Journal of International Law, 65 (3), July, 544–48 7. James A. Green (2011), ‘Questioning the Peremptory Status of the Prohibition of the Use of Force’, Michigan Journal of International Law, 32 (2), Winter, 215–57 8. Agatha Verdebout (2014), 'The Contemporary Discourse on the Use of Force in the Nineteenth Century: A Diachronic and Critical Analysis', Journal on the Use of Force and International Law, 1 (2), 223–46 9. Marco Roscini (2007), ‘Threats of Armed Force and Contemporary International Law’, Netherlands International Law Review, LIV (2), August, 229–77 PART II READINGS OF THE GENERAL PROHIBITION OF FORCIBLE INTERVENTION 10. W. Michael Reisman (1984), ‘Coercion and Self-Determination: Construing Charter Article 2(4)’, American Journal of International Law, 78 (3), July, 642–45 11. Oscar Schachter (1984), ‘The Legality of Pro-Democratic Invasion’, American Journal of International Law, 78 (3), July, 645–50 12. Louise Doswald-Beck (1985), ‘The Legal Validity of Military Intervention by Invitation of the Government’, British Year Book of International Law, LVI (1), 189–252 13. Christopher J. Le Mon (2003), ‘Unilateral Intervention by Invitation in Civil Wars: The Effective Control Test Tested’, New York University Journal of International Law and Politics, 35 (3), Spring, 741–93 14. John A. Perkins (1987), ‘The Right of Counterintervention’, Georgia Journal of International and Comparative Law, 17 (2), 171–227 15. Christian Henderson (2013), ‘The Provision of Arms and “Non-Lethal” Assistance to Governmental and Opposition Forces’, University of New South Wales Law Journal, 36 (2), 642–81 16. Derek Bowett (1972), ‘Reprisals Involving Recourse to Armed Force’, American Journal of International Law, 66 (1), January, 1–36 17. Tom Ruys (2008), ‘The “Protection of Nationals” Doctrine Revisited’, Journal of Conflict and Security Law, 13 (2), 233–71 18. Thomas M. Franck and Nigel S. Rodley (1973), ‘After Bangladesh: The Law of Humanitarian Intervention by Military Force’, American Journal of International Law, 67 (2), April, 275–305 19. Bruno Simma (1999), ‘NATO, the UN and the Use of Force: Legal Aspects’, European Journal of International Law, 10 (1), 1–22 20. Antonio Cassese (1999), ‘Ex iniuria ius oritur: Are We Moving towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community?’, European Journal of International Law, 10 (1), 23–30 21. Christine Gray (2013), ‘The Use of Force for Humanitarian Purposes’, in Nigel D. White and Christian Henderson (eds), Research Handbook on International Conflict and Security Law: Jus ad Bellum, Jus in Bello and Jus post Bellum, Chapter 7, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 229–55 22. Christine Gray (2013), ‘The International Court of Justice and the Use of Force’, in Christian J. Tams and James Sloan (eds), The Development of International Law by the International Court of Justice, Chapter 11, New York, NY, USA: Oxford University Press, 237–61 Volume II Introduction An introduction by the editors appears in Volume I PART I FORCIBLE MEASURES UNDER THE AUTHORITY OF THE UNITED NATIONS 1. Oscar Schachter (1991), ‘United Nations Law in the Gulf Conflict’, American Journal of International Law, 85 (3), July, 452–73 2. Ruth Gordon (1994), ‘United Nations Intervention in Internal Conflicts: Iraq, Somalia, and Beyond’, Michigan Journal of International Law, 15 (2), Winter, 519–89 3. Yasushi Akashi (1995), ‘The Use of Force in a United Nations Peace-Keeping Operation: Lessons Learnt from the Safe Areas Mandate’, Fordham International Law Journal, 19 (2), 312–23 4. Ugo Villani (2002), ‘The Security Council’s Authorization of Enforcement Action by Regional Organizations’, Max Planck Yearbook of United Nations Law, 6, 535–57 5. Jules Lobel and Michael Ratner (1999), ‘Bypassing the Security Council: Ambiguous Authorizations to Use Force, Cease-Fires, and the Iraqi Inspection Regime’, American Journal of International Law, 93 (1), January, 124–54 6. Niels Blokker (2000), ‘Is the Authorization Authorized? Powers and Practice of the UN Security Council to Authorize the Use of Force by “Coalitions of the Able and Willing”’, European Journal of International Law, 11 (3), 541–68 7. Dino Kritsiotis (2004), ‘Arguments of Mass Confusion’, European Journal of International Law, 15 (2), 233–78 8. Sean D. Murphy (2004), ‘Assessing the Legality of Invading Iraq’, Georgetown Law Journal, 92 (4), 173–257 9. Nigel D. White (2004), ‘The Will and Authority of the Security Council after Iraq’, Leiden Journal of International Law, 17 (4), December, 645–72 10. Andrew J. Carswell (2013), ‘Unblocking the UN Security Council: The Uniting for Peace Resolution’, Journal of Conflict and Security Law, 18 (3), Winter, 453–80 PART II: FORCIBLE MEASURES IN UNILATERAL AND COLLECTIVE SELF-DEFENCE 11. Ian Brownlie (1961), ‘The Use of Force in Self-Defence’, British Year Book of International Law, 27, 183–268 12. D.W Bowett (1955–56), ‘Collective Self-Defence under the Charter of the United Nations’, British Year Book of International Law, 32, 130–61 [32] 13. D.W. Greig (1991), ‘Self-Defence and the Security Council: What Does Article 51 Require?’, International and Comparative Law Quarterly, 40 (2), April, 366–402 14. Michael Byers (2002), ‘Terrorism, The Use of Force and International Law after 11 September’, International and Comparative Law Quarterly, 51 (2), April, 401–14 15. Elizabeth Wilmshurst (2006), ‘The Chatham House Principles of International Law on the Use of Force in Self-Defence’, International and Comparative Law Quarterly, 55 (4), October, 963–72 16. Kimberley N. Trapp (2007), ‘Back to Basics: Necessity, Proportionality, and the Right of Self-Defence against Non-State Terrorist Actors’, International and Comparative Law Quarterly, 56 (1), January, 141–56 17. Christian J. Tams (2009), ‘The Use of Force against Terrorists’, European Journal of International Law, 20 (2), 359–97 18. Theresa Reinold (2011), ‘State Weakness, Irregular Warfare, and the Right to Self-Defense Post-9/11’, American Journal of International Law, 105 (2), April, 244–286 19. Michael Bothe (2003), ‘Terrorism and the Legality of Pre-emptive Force’, European Journal of International Law, 14 (2), 227–40 20. Christopher Greenwood (2003), ‘International Law and the Pre-emptive Use of Force: Afghanistan, Al-Qaida, and Iraq’, San Diego International Law Journal, 4, May, 7–37 21. Daniel Bethlehem (2012), ‘Self-Defense against an Imminent or Actual Armed Attack by Nonstate Actors’, American Journal of International Law, 106 (4), October, 770–77 22. Michael N. Schmitt (1999), ‘Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework’, Columbia Journal of Transnational Law, 37 (3), 885–937 Volume III Introduction An introduction by the editors appears in Volume I PART I NATURE AND INFLUENCES 1. Theodor Meron (2000), ‘The Humanization of Humanitarian Law’, American Journal of International Law, 94 (2), April, 239–78 2. Chris af Jochnick and Roger Normand (1994), ‘The Legitimation of Violence: A Critical History of the Laws of War’, Harvard International Law Journal, 35 (1), Winter, 49–95 3. John B. Bellinger III and Vijay M. Padmanabhan (2011), ‘Detention Operations in Contemporary Conflicts: Four Challenges for the Geneva Conventions and Other Existing Law’, American Journal of International Law, 105 (2), April, 201–43 4. Frédéric Mégret (2006), ‘From “Savages” to “Unlawful Combatants”: A Postcolonial Look at International Humanitarian Law's “Other”’, in Anne Orford (ed.), International Law and its Others, Chapter 11, New York, NY, USA: Cambridge University Press, 265–317 PART II APPLICABILITY AND RELATIONSHIPS 5. Christopher Greenwood (1987), ‘The Concept of War in Modern International Law’, International and Comparative Law Quarterly, 36 (2), April, 283–306 6. Christopher Greenwood (1983), ‘The Relationship between Ius ad bellum and Ius in Bello’, Review of International Studies, 9 (4), October, 221–34 7. Alexander Orakhelashvili (2007), ‘Overlap and Convergence: The Interaction between Jus ad Bellum and Jus in Bello’, Journal of Conflict and Security Law, 12 (2), Spring, 157–96 8. Heike Krieger (2006), ‘A Conflict of Norms: The Relationship between Humanitarian Law and Human Rights Law in the ICRC Customary Study’, Journal of Conflict and Security Law, 11 (2), Summer, 265–91 9. Dapo Akande (2012), ‘Classification of Armed Conflicts: Relevant Legal Concepts’, in Elizabeth Wilmshurst (ed.), International Law and the Classification of Conflicts, Chapter 3, Oxford, UK: Oxford University Press, 32–79 10. James G. Stewart (2003), ‘Towards a Single Definition of Armed Conflict in International Humanitarian Law: A Critique of Internationalized Armed Conflict’, International Review of the Red Cross, 85 (850), June, 313–49 11. Sandesh Sivakumaran (2006), ‘Binding Armed Opposition Groups’, International and Comparative Law Quarterly, 55 (2), April, 369–94 12. Nicolas Lamp (2011), ‘Conceptions of War and Paradigms of Compliance: The “New War” Challenge to International Humanitarian Law’, Journal of Conflict and Security Law, 16 (2), July, 225–62 13. Hans-Peter Gasser, (2002) ‘Acts of Terror, “Terrorism” and International Humanitarian Law’, International Review of the Red Cross, 84 (847), September, 547–70 14. Michael Schmitt (2012), ‘Classification of Cyber Conflict’, Journal of Conflict and Security Law, 17 (2), Summer, 245–60 PART III SOURCES 15. Theodor Meron (1987), ‘The Geneva Conventions as Customary Law’, American Journal of International Law, 81 (2), April, 348–70 16. Jean-Marie Henckaerts (2005), ‘Study on Customary International Humanitarian Law: A Contribution to the Understanding and Respect for the Rule of Law in Armed Conflict’, International Review of the Red Cross, 87 (857), March, 175–212 17. Jean-Marie Henckaerts (2007), ‘Customary International Humanitarian Law: A Response to US Comments’, International Review of the Red Cross, 89 (866), June, 473–488 18. Antonio Cassese (2000), ‘The Martens Clause: Half a Loaf or Simply Pie in the Sky?’, European Journal of International Law, 11 (1), 187–216 19. Theodor Meron (2000), ‘The Martens Clause, Principles of Humanity, and Dictates of Public Conscience’, American Journal of International Law, 94 (1), January, 78–89 20. Robert Cryer (2006), ‘Of Custom, Treaties, Scholars and the Gavel: The Influence of the International Criminal Tribunals on the ICRC Customary Law Study’, Journal of Conflict and Security Law, 11 (2), Summer, 239–63 Volume IV Introduction An introduction by the editors appears in Volume I PART I SELECTED SUBSTANTIVE ISSUES 1. Major Richard R. Baxter (1951), ‘So-Called “Unprivileged Belligerency”: Spies, Guerrillas, and Saboteurs’, British Year Book of International Law, 28, 323–45 2. Nils Melzer (2008), ‘Interpretative Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law’, International Review of the Red Cross, 90 (872), December, 991–1047 3. Nils Melzer (2010), ‘Keeping the Balance between Military Necessity and Humanity: A Response to Four Critiques of the ICRC's Interpretive Guidance on the Notion of Direct Participation in Hostilities’, New York University Journal of International Law and Politics, 42 (3), Spring, 831–916 4. Marco Roscini (2005), ‘Targeting and Contemporary Aerial Bombardment’, International and Comparative Law Quarterly, 54 (2), April, 411–43 5. Adam Roberts (1984), ’What is a Military Occupation?’, British Year Book of International Law, 55 (1), 249–305 6. David J. Scheffer (2003), ‘Beyond Occupation Law’, American Journal of International Law, 97 (4), October, 842–60 7. Christopher Greenwood (1998), ‘The Law of Weaponry at the Start of the New Millennium’, in Michael N. Schmitt and Leslie C. Green (eds), International Law Studies: Volume 71 – The Law of Armed Conflict: Into the Next Millennium, Chapter 7, Newport, RI, USA: Naval War College, 185–231 8. Louise Doswald-Beck (1995), ‘The San Remo Manual on International Law Applicable to Armed Conflicts at Sea’, American Journal of International Law, 89 (1), January, 192–208 PART II PRACTICAL APPLICATION 9. Michael Bothe (2001), ‘The Protection of the Civilian Population and NATO Bombing on Yugoslavia: Comments on a Report to the Prosecutor of the ICTY’, European Journal of International Law, 12 (3), 531–35 10. Robert Cryer (2002), ‘The Fine Art of Friendship: Jus in Bello in Afghanistan’, Journal of Conflict and Security Law, 7 (1), April, 37–83 11. Diane Marie Amann (2004), ‘Guantánamo’, Columbia Journal of Transnational Law, 42 (2), 263–348 12. Lindsey Cameron (2006), ‘Private Military Companies: Their Status under International Humanitarian Law and its Impact on their Regulation’, International Review of the Red Cross, 88 (863), September, 573–98 PART III IMPLEMENTATION 13. Peter Rowe (2008), ‘Military Misconduct during International Armed Operations: "Bad Apples" or Systemic Failure?’, Journal of Conflict and Security Law, 13 (2), Summer, 165–89 14. Steven R. Ratner (2011), ‘Law Promotion beyond Law Talk: The Red Cross, Persuasion, and the Laws of War’, European Journal of International Law, 22 (2), 459–506 15. Frits Kalshoven (1999), ‘The Undertaking to Respect and Ensure Respect in All Circumstances: From Tiny Seed to Ripening Fruit’, Yearbook of International Humanitarian Law, 2, December, 3–61 16. Rogier Bartels (2013), ‘Discrepancies between International Humanitarian Law on the Battlefield and in the Courtroom: The Challenges of Applying International Humanitarian Law during International Criminal Trials’, in Mariëlle Matthee, Brigit Toebes and Marcel Brus (eds), Armed Conflict and International Law: In Search of the Human Face – Liber Amicorum in Memory of Avril McDonald, Chapter 14, The Hague, the Netherlands: T.M.C Asser Press, 339–78 17. Christopher Greenwood (1996), ‘International Humanitarian Law and the Tadic Case’, European Journal of International Law, 7 (2), 265–83 18. Frits Kalshoven (2003), ‘Reprisals and the Protection of Civilians: Two Recent Decisions of the Yugoslavia Tribunal’ in Lal Chand Vohrah, Fausto Pocar, Yvonne Featherstone, Olivier Fourmy, Christine Graham, John Hocking and Nicholas Robson (eds), Man’s Inhumanity to Man: Essays on International Law in Honour of Antonio Cassese, Chapter 23, The Hague, the Netherlands: Kluwer Law International, 481–509 Index
£713.45
Edward Elgar Publishing Ltd Global Health Law
Book SynopsisThis two-volume set gathers together some of the most significant contributions to the study of global health law. Global health law is a recent field of research in its own right, encompassing the relatively narrow core of international rules and institutions devoted to health protection and promotion, as well as the complex interactions between health and multiple areas of international law. By bringing such diverse perspectives into a single collection, together with an original introduction by the editor, this book will be an important resource for scholars and practitioners both in public health as well as in legal and policy fields such as trade and investment, human rights and the environment.Trade Review‘This is an indispensable collection of seminal contributions to global health law. Global health law has come a long way in a short time, but it remains in its infancy. The issues are huge, complex and vital – and they demand interdisciplinarity. As we search for global approaches to global health problems, these twin volumes of primarily legal perspectives will provide an extremely rich resource.’ -- Paul Hunt, University of Essex School of Law, UKTable of ContentsContents: Volume I Introduction Gian Luca Burci PART I GLOBAL HEALTH LAW IN GENERAL AND GLOBAL HEALTH GOVERNANCE 1. Gian Luca Burci (2009), ‘Public/Private Partnerships in the Public Health Sector’, International Organizations Law Review, 6 (2), 359–82 2. David P. Fidler (1999), ‘International Law and Global Public Health’, University of Kansas Law Review, 48 (1), November, 1–58 3. Lawrence O. Gostin (2008), ‘Global Health: Meeting Basic Survival Needs of the World’s Least Healthy People: Toward a Framework Convention on Global Health’, Georgetown Law Journal, 96 (2), January, 331–92 4. Lawrence O. Gostin and Allyn L. Taylor (2008), ‘Global Health Law: A Definition and Grand Challenges’, Public Health Ethics, 1 (1), April, 53–63 5. Jonathan Liberman (2012), ‘Combating Counterfeit Medicines and Illicit Trade in Tobacco Products: Minefields in Global Health Governance’, Journal of Law, Medicine and Ethics, 40 (2), Summer, 326–47 6. Jennifer Prah Ruger (2008), ‘Normative Foundations of Global Health Law’, Georgetown Law Journal, 96 (2), January, 423–43 PART II WORLD HEALTH ORGANIZATION AND GLOBAL HEALTH LAW 7. David P. Fidler (1998), ‘The Future of the World Health Organization: What Role for International Law?’, Vanderbilt Journal of Transnational Law, 31 (5), November, 1079–126 8. Allyn Lise Taylor (1992), ‘Making the World Health Organization Work: A Legal Framework for Universal Access to the Conditions for Health’,American Journal of Law and Medicine, XVIII (4), 301–46 9. Allyn L. Taylor, Lenias Hwenda, Bjørn-Inge Larsen and Nils Daulaire (2011), ‘Stemming the Brain Drain — A WHO Global Code of Practice on International Recruitment of Health Personnel’, New England Journal of Medicine, 365 (25), December, 2348–51 10. Gaudenz Silberschmidt, Don Matheson and Ilona Kickbusch (2008), ‘Creating a Committee C of the World Health Assembly’, The Lancet, 371, May, 1483–6 PART III COMMUNICABLE DISEASES AND GLOBAL HEALTH SECURITY 11. Obijiofor Aginam (2005), ‘Bio-Terrorism, Human Security and Public Health: Can International Law Bring Them Together in an Age of Globalization?’, Medicine and Law, 24 (3), September, 455–62 12. David P. Fidler (2003), ‘Public Health and National Security in the Global Age: Infectious Diseases, Bioterrorism, and Realpolitik’, George Washington International Law Review, 35, 787–856 13. David P. Fidler (2005), ‘From International Sanitary Conventions to Global Health Security: The New International Health Regulations’, Chinese Journal of International Law, 4 (2), November, 325–92 14. K. Lee and D. Fidler (2007), ‘Avian and Pandemic Influenza: Progress and Problems with Global Health Governance’, Global Public Health, 2 (3), July, 215–34 15. Barbara von Tigerstrom (2005), ‘The Revised International Health Regulations and Restraint of National Health Measures’, Health Law Journal, 13, 35–76 16. Gian Luca Burci (2014), ‘Ebola, the Security Council and the Securitization of Public Health’, Questions of International Law: Zoom In, 10, December, 27–39 PART IV INTERNATIONAL TOBACCO CONTROL: THE WORLD HEALTH ORGANIZATION FRAMEWORK CONVENTION ON TOBACCO CONTROL 17. Alberto Alemanno and Enrico Bonadio (2011), ‘Do You Mind My Smoking? Plain Packaging of Cigarettes Under the TRIPS Agreement’, John Marshall Review of Intellectual Property Law: Special Issue, 10 (3), 450–75 18. Oscar A. Cabrera and Lawrence O. Gostin (2011), ‘Human Rights and the Framework Convention on Tobacco Control: Mutually Reinforcing Systems’, International Journal of Law in Context: Special Issue: Health and Human Rights, 7 (3), September, 285–303 19. Carolyn Dresler and Stephen Marks (2006), ‘The Emerging Human Right to Tobacco Control’, Human Rights Quarterly, 28 (3), August, 599–651 20. Jonathan Liberman (2014), ‘The Power of the WHO FCTC: Understanding its Legal Status and Weight’, in Andrew D. Mitchell and Tania Voon (eds), The Global Tobacco Epidemic and the Law, Chapter 4, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 48–63 21. Sean D. Murphy (2003), ‘Liability and the WHO Framework Convention on Tobacco Control’, International Law FORUM du droit international, 5 (1), February, 62–71 22. Tania Voon (2013), ‘Flexibilities in WTO Law to Support Tobacco Control Regulation’, American Journal of Law and Medicine, 39 (2–3), 199–217 23. Tania Voon and Andrew Mitchell (2011), ‘Time to Quit? Assessing International Investment Claims against Plain Tobacco Packaging in Australia’, Journal of International Economic Law, 14 (3), September, 515–52 Volume II Introduction An introduction by the editor appears in Volume I PART I NON-COMMUNICABLE DISEASES 1. Roger S. Magnusson (2007), ‘Non-Communicable Diseases and Global Health Governance: Enhancing Global Processes to Improve Health Development’, Globalization and Health, 3 (2), May, 1–16 2. A. Mitchell and T. Voon (2011), ‘Implications of the World Trade Organization in Combating Non-Communicable Diseases’, Public Health, 125 (12), December, 832–9 3. Allyn L. Taylor and Ibadat S. Dhillon (2013), ‘An International Legal Strategy for Alcohol Control: Not a Framework Convention —At Least Not Yet’, Addiction, 108 (3), March, 450–55 4. Bryan Thomas and Lawrence O. Gostin (2013), ‘Tackling the Global NCD Crisis: Innovations in Law and Governance’, Journal of Law, Medicine and Ethics: Special Issue: Symposium: Global Health and the Law, 41 (1), Spring, 16–27 5. Tania Voon (2013), ‘WTO Law and Risk Factors for Non- Communicable Diseases: A Complex Relationship’, in Geert van Calster and Denise Prévost (eds), Research Handbook on Environment, Health and the WTO, Chapter 13, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 390–408 6. Benn McGrady and Alexandra Jones (2013), ‘Tobacco Control and Beyond: The Broader Implications of United States—Clove Cigarettes for Non-Communicable Diseases’, American Journal of Law and Medicine, 39 (2–3), 265–89 PART II HEALTH AND INTERNATIONAL ECONOMIC LAW A International Trade Law 7. Jeffery Atik (2009), ‘Trade and Health’, in Daniel Bethlehem, Donald McRae, Rodney Neufeld and Isabelle van Damme (eds), The Oxford Handbook of International Trade Law, Chapter 21, Oxford, UK and New York, NY, USA: Oxford University Press, 597–618 8. Panagiotis Delimatsis (2013), ‘GATS and Public Health Care: Reflecting on an Uneasy Relationship’, in Geert van Calster and Denise Prévost (eds), Research Handbook on Environment, Health and the WTO, Chapter 12, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 363–89 9. Allyn L. Taylor (2007), ‘Addressing the Global Tragedy of Needless Pain: Rethinking the United Nations Single Convention on Narcotic Drugs’, Journal of Law, Medicine and Ethics: Symposium, 35 (4), Winter, 556–70 B International Intellectual Property Rights Law 10. Frederick M. Abbott (2005), ‘The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health’, American Journal of International Law, 99 (2), April, 317–58 11. Philippe Cullet (2003), ‘Patents and Medicines: The Relationship between TRIPS and the Human Right to Health’, International Affairs, 79 (I), January, 139–60 C International Investment Law 12. Valentina S. Vadi (2012), ‘Global Health Governance at a Crossroads: Trademark Protection v. Tobacco Control in International Investment Law’, Stanford Journal of International Law, 48 (1), 93–130 13. Rahim Moloo and Justin Jacinto (2011), ‘Environmental and Health Regulation: Assessing Liability Under Investment Treaties’, Berkeley Journal of International Law, 29 (1), 1–65 D Pharmaceutical Research and Development 14. Steven J. Hoffman and John-Arne Røttingen (2012), ‘Assessing Implementation Mechanisms for an International Agreement on Research and Development for Health Products’, Bulletin of the World Health Organization, 90 (11), November, 854–61, 863 15. Dawn Joyce Miller (2001), ‘Research and Accountability: The Need for Uniform Regulation of International Pharmaceutical Drug Testing’, Pace International Law Review, 13 (1), Spring, 197–232 PART III HEALTH AND HUMAN RIGHTS: THE RIGHT TO HEALTH 16. L. Gable, L. Gostin and J.G. Hodge, Jr. (2009), ‘A Global Assessment of the Role of Law in the HIV/AIDS Pandemic’, Public Health: Special Issue, 123 (3), March, 260–64 17. Sofia Gruskin (2004), ‘Is There a Government in the Cockpit: A Passenger’s Perspective or Global Public Health: The Role of Human Rights’, Temple Law Review, 77 (2), Summer, 313–33 18. Benjamin Mason Meier (2010), ‘Global Health Governance and the Contentious Politics of Human Rights: Mainstreaming the Right to Health for Public Health Advancement’, Stanford Journal of International Law, 46 (1), 1–50 19. Benjamin Mason Meier and Larisa M. Mori (2005), ‘The Highest Attainable Standard: Advancing a Collective Human Right to Public Health’, Columbia Human Rights Law Review, 37 (1), Fall, 101–47 20. George P. Smith, II (2005), ‘Human Rights and Bioethics: Formulating a Universal Right to Health, Health Care, or Health Protection?’, Vanderbilt Journal of Transnational Law, 38 (5), November, 1295–321 21. Brigit Toebes (2009), ‘Right to Health and Health Care’, in David P. Forsythe (ed.), Encyclopedia of Human Rights: Volume II, Oxford, UK: Oxford University Press, 365–76 PART IV HEALTH AND INTERNATIONAL ENVIRONMENTAL LAW, INCLUDING ACCESS TO BIOLOGICAL RESOURCES 22. Frederick M. Abbott (2010), ‘An International Legal Framework for the Sharing of Pathogens: Issues and Challenges’, International Centre for Trade and Sustainable Development Programme on Intellectual Property Rights and Sustainable Development, Issue Paper No. 30, Geneva, Switzerland: International Centre for Trade and Sustainable Development, October, i, 1–45 23. Jason Carter (2010), ‘WHO’s Virus is it Anyway? How the World Health Organization can Protect Against Claims of “Viral Sovereignty”’, Georgia Journal of International and Comparative Law: Symposium: International Human Rights and Climate Change, 38 (3), 717–40 24. Stefania Negri (2010), ‘Waterborne Disease Surveillance: The Case for a Closer Interaction between the UNECE Protocol on Water and Health and the International Health Regulations (2005)’, International Community Law Review, 12 (3), 287–302 Index
£584.25
Edward Elgar Publishing Ltd Handbook of Transnational Environmental Crime
Book SynopsisCrimes associated with the illegal trade in wildlife, timber and fish stocks, and pollutants and waste have become increasingly transnational, organized and serious. They warrant attention because of their environmental consequences, their human toll, their impact on the rule of law and good governance, and their links with violence, corruption and a range of cross-over crimes. This ground-breaking, multi-disciplinary Handbook examines key transnational environmental crime sectors and explores its most significant conceptual, operational and enforcement challenges. Bringing together leading scholars and practitioners, this book presents in-depth analysis based on extensive academic research and operational and enforcement expertise. The sectors covered include illegal wildlife, timber, pollutant and waste trades and crimes in the carbon market. The contextual chapters examine criminal networks and illicit chains of custody, local sociocultural, economic and political factors, the effectiveness of policy and operational responses, and international jurisdictional challenges.This Handbook will be an invaluable resource for students and scholars of global environmental politics, international environmental law, and environmental criminology as well as for regulatory and enforcement practitioners working to meet the challenges of transnational environmental crime.Contributors include: J. Ayling, L. Bisschop, G. Broussard, A. Cardesa-Salzmann, M. Cassidy, D.W.S. Challender, E. Clark, M.Á. Clemente Muñoz, E. de Coning, R. Duffy, L. Elliott, C. Gibbs, D. Humphreys, Y. Jia, N. Liu, D.C. MacMillan, C. Middleton, R. Ogden, G. Pink, G. Rose, V. Sacré, S. Saydan, W.H. Schaedla, S. Sinha, V. Somboon, T. Terekhova, E. van Asch, T. WyattTrade Review'This Handbook makes a creative and considered contribution towards this important topic. It provides a well-balanced mix of chapters from scholars and practitioners on issues that we must better understand if we are to successfully tackle these serious transnational environmental crimes. I warmly congratulate the editors and authors for focusing on these critical and contemporary questions, including the criminal networks involved, pervasive impact of corruption, criminal justice responses and exemplary collaborative initiatives, such as ICCWC. This timely publication will help to further shape our responses and assist us to better combat these highly destructive crimes.' --John E. Scanlon, CITES Secretary-General'This timely and very comprehensive book sheds light into the shadowy areas of environmental policy that we have neglected for too long: transnational environmental crime, ranging from illegal trade in timber and wildlife to criminal use of ozone-depleting substances, illegal fishing and novel ''carbon crimes'' around emissions trading. The Handbook of Transnational Environmental Crime, superbly edited by Elliott and Schaedla, combines insightful conceptual chapters with in-depth empirical research and practitioner contributions. The book is essential reading not only for scholars of environmental governance but also for criminologists, conservationists, regulators and other practitioners.' --Frank Biermann, Utrecht University, the Netherlands'This extensive work beautifully covers all major transnational environmental crimes and efforts to combat these crimes, from a broad perspective. It stands out for incorporating chapters written by leading green criminologists but also by policy makers and members of the enforcement community. It is truly a handbook of great value to the increasing number of academics, practitioners and students who are interested in environmental crimes and green criminology.' --Toine Spapens, Tilburg University, the NetherlandsTable of ContentsContents: PART I CONTEXT AND SCENE-SETTING 1. Transnational Environmental Crime: Excavating the Complexities – An Introduction Lorraine Elliott and William H. Schaedla 2. Criminal Networks and Illicit Chains of Custody in Transnational Environmental Crime Lorraine Elliott 3. Local Sociocultural, Economic and Political Facilitators of Transnational Wildlife Crime William H. Schaedla 4. The Securitization of Transnational Environmental Crime and the Militarization Of Conservation Lorraine Elliott 5. Criminality and Costs: The Human Toll of Transnational Environmental Crime Sophie Saydan PART II KEY SECTORS AND CASE STUDIES 6. The Illegal Wildlife Trade in Global Perspective Rosaleen Duffy 7. The Uncharismatic and Unorganized Side to Wildlife Smuggling Tanya Wyatt 8. Fisheries Crime Eve De Coning 9. Forest Crimes and the International Trade in Illegally Logged Timber David Humphreys 10. Illegal Trade in Hazardous Waste Lieselot Bisschop 11. Illegal Trade in Ozone Depleting Substances Ning Liu, Vira Somboon and Carl Middleton 12. Crimes in the Carbon Market Carole Gibbs and Michael Cassidy 13. Greater China and Transnational Environmental Crime: Understanding Criminal Networks and Enforcement Responses Yunbo Jiao 14. Wildlife Trade in South Asia Samir Sinha PART III GOVERNANCE, AGENCY AND STRATEGIES 15. Multilateral Environmental Agreements and Illegality Antonio Cardesa-Salzmann 16. International Jurisdictional Challenges in the Suppression of Transnational Environmental Crime Gregory Rose 17. Reducing Demand for Illicit Wildlife Products: Crafting a ‘Whole-Of-Society’ Response Julie Ayling 18. Witnessing WENs: Origins and Future Directions William H. Schaedla and Samir Sinha 19. Forensics in Transnational Environmental Crime Rob Ogden PART IV PRACTITIONER CONTRIBUTIONS 20. The Montreal Protocol and OzonAction Networks Ezra Clark 21. The Basel Convention: A Tool for Combating Environmental Crime and Enhancing the Management of Hazardous and Other Wastes Tatiana Terekhova 22. The Role of Cites in Ensuring Sustainable and Legal Trade in Wild Fauna and Flora Margarita África Clemente Muñoz 23. Interpol’s Nest: Building Capability and Capacity to Respond to Transnational Environmental Crime Grant Pink 24. The Evolving Role of the United Nations Office on Drugs and Crime in Fighting Wildlife and Forest Crimes Giovanni Broussard 25. The International Consortium on Combating Wildlife Crime (ICCWC) Edward Van Asch 26. EU–TWIX: Ten Years of Information Exchange and Co-Operation Between Wildlife Law Enforcement Officials in Europe Vinciane Sacré 27. Transnational Environmental Crime: More than an Enforcement Problem Daniel W.S. Challender and Douglas C. Macmillan Index
£189.00
Edward Elgar Publishing Ltd The South China Sea Disputes and Law of the Sea
Book SynopsisSouth China Sea Disputes and Law of the Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals.This important book provides neutral and objective analysis of law of the sea issues of relevance to the South China Sea and will therefore prove a valuable resource to Government officials and policy-makers from the ASEAN countries, Australia, China, Japan, Korea and the United States. It will also be of special interest to political analysts with an ongoing interest in the legal issues pertaining to the South China Sea region in light of concerns regarding conflict, challenges to freedom of navigation and access to resources.Contributors: D. Anderson, Y. van Logchem, T.L. McDorman, A.O. Elferink, B. Oxman, C. Schofield, C.R. Symmons, T. TrevesTrade Review'Scholarly and thorough, yet eminently readable, this book offers up important lessons and possibly paradigms for the management of cross-border, or international disputes on territory, access to resources and other challenges to long-established maritime legal principles, notably freedom of navigation. . . Policy makers and government officials, as well as practitioners and academics with concerns about this potentially volatile region should definitely read the insightful and up-to-date material presented conveniently in this book.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction 1. Offshore Features Subject to Claims of Sovereignty Bernard H Oxman 2. Defining the ‘Boundary’ between Land and Sea: Territorial Sea Baselines in the South China Sea Clive Schofield 3. Maritime Zones from Islands and Rocks Clive R Symmons 4. Maritime Delimitation and Offshore Features Tullio Treves 5. Rights and Jurisdiction over Resources in the South China Sea: UNCLOS and the ‘Nine-Dash Line’ Ted L McDorman 6. Do the Coastal States in the South China Sea Have a Continental Shelf Beyond 200 Nautical Miles? Alex Oude Elferink 7. Rights and Obligations in Areas of Overlapping Maritime Claims David Anderson and Youri van Logchem 8. UNCLOS Part XV and the South China Sea Robert Beckman Index
£109.25
Edward Elgar Publishing Ltd Climate Change Law
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide to the rapidly evolving body of legal scholarship relating to climate change. The amount of international, European and national legislation, judicial decisions, and legal scholarship in the field of climate law has now become almost overwhelming. This book focuses on the underlying concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. The core topics include the difficulty of setting up a coherent international treaty approach, the importance of national and subnational legal action, the potential role of international and national courts, and the importance of human rights and environmental justice. Providing a comprehensive discussion, more than 50 entries developed by experts from across the world cover mitigation and adaptation issues in their wider context, from both international and national perspectives. Each chapter concludes by identifying important research challenges. Finally, the concluding chapter argues that a discernible global legal regime is emerging. The 2015 Paris Agreement marks both the increasingly interlinked but polycentric nature of this new regime.This is the definitive resource for all those seeking the state of the art of climate change law, from students and legal scholars to practising lawyers, civil servants and NGOs.Contributors include: D. Badrinarayana, D. Benson, W.W. Buzbee, M.R. Caldwell, A.E. Camacho, H.S. Cho, R.K. Craig, B. Curtis, J. Dafoe, P. DeArmey, J. de Cendra de Larragán, J.C. Dernbach, N. de Sadeleer, M. Doelle, W.T. Douma, D.M. Driesen, B. Egelund Olsen, K.H. Engel, D.A. Farber, Heline Sivini Ferreira, S. Ferrey, S.R. Foster, D. French, P. Galizzi, M.B. Gerrard, N.S. Ghaleigh, M. Hall, S.B. Hecht, D. Hodas, T. Honkonen, S.-L. Hsu, A. Jordan, A. Kaswan, A. Keessen, S.-H. Kim, S. Krakoff, K. Kulovesi, M.A. Livermore, K. Lu, J. Lueders, R. Lyster, M.L. Melius, Z. Meng, H.M. Osofsky, J. Peel, M. Peeters, B. Pontin, L. Rajamani, A.W. Reitze Jr, J. Reynolds, B.J. Richardson, F. Romanin Jacur, T.Schomerus, J. Scott, D.A. Serraglio, F. Sindico, M.P. Solis, B.K. Sovacool, P.-T.Stoll, L.G. Sun, T. Tang, A.D. Tarlock, Q. Tianbao, X.F. Torrijo, H. van Asselt, M. van Rijswick, M.P. Vandenbergh, R.R.M. Verchick, C. Voigt, X. Wang, M. Wilensky, K.M. Wyman, Y. ZhangTrade ReviewFarber and Peeters have brought together a large group of renowned climate law scholars and produced this remarkably comprehensive book, which brings order to the overwhelming volume of legislation, private standard setting, judicial decisions, and legal scholarship on climate change. This book provides an incisive, solid and reliable basis for further legal research into any climate change related topic and is a 'must-read' for any scholar and student researching climate law. --Jonathan Verschuuren, Tilburg University, the NetherlandsConsistent with the concept of an encyclopedia, this work is a veritable treasure chest of information and perspectives on every conceivable aspect of climate law, encompassing also both developed and developing country contexts. The array of contributors is stunning, comprising a large proportion of the world's leading experts in climate law. This will be a standard point of reference for scholars and researchers henceforth. Truly a ''magnum opus'' - and a great credit to its co-editors, who have assembled and also contributed to it. --Rob Fowler, University of South Australia and Chair of IUCN Academy of Environmental Law, 2008-13Table of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yves Le Bouthillier Foreword to Volume 1 Michael Faure Introduction to Volume 1 Daniel A. Farber and Marjan Peeters PART I GENERAL THEMES The Goals of Climate Policy 1. The Science of Climate Change: A Legal Perspective on the IPCC Duncan French and Benjamin Pontin 2. The Precautionary Principle and Climate Change Nicolas de Sadeleer 3. Setting the Social Cost of Carbon Michael A. Livermore 4. Human Rights and Climate Change: Building Synergies for a Common Future Sheila R. Foster and Paolo Galizzi Approaches to Addressing Climate Change 5. Climate Policy Instrument Choices David Benson and Andrew Jordan 6. Corporate Social Responsibility and Climate Change Steven Ferrey 7. Local Authorities and Climate Change Benjamin J. Richardson 8. Individual Behaviour, The Social Sciences and Climate Change Michael P. Vandenbergh and Benjamin K. Sovacool 9. Criminal Law and Climate Change Matthew Hall 10. Research and Scholarship on Climate Change Law in Developing Countries Xi Wang, Tang Tang, Kun Lu and Yan Zhang PART II INTERNATIONAL LAW PERSPECTIVE General Issues 11. The Climate as a Global Common Peter-Tobias Stoll 12. CBDR and Climate Change Tuula Honkonen 13. The Potential Roles of the ICJ in Climate Change-related Claims Christina Voigt 14. Unilateralism, Extraterritoriality and Climate Change Joanne Scott 15. Climate Engineering and International Law Jesse Reynolds 16. Carbon Capture and Storage as a Bridging Technology Navraj Singh Ghaleigh Treaties Related to Climate Change The UN Negotiation Process 17. The United Nations Framework Convention on Climate Change: A Framework Approach to Climate Change Lavanya Rajamani 18. The UNFCCC: Legal Scholarship in Four Key Areas Francesco Sindico 19. The Kyoto Protocol, With a Special Focus on the Flexible Mechanisms Javier de Cendra de Larragán 20. The Kyoto Protocol’s Compliance Mechanism Francesca Romanin Jacur 21. REDD+ as a Climate Change Mitigation Mechanism Heline Sivini Ferreira and Diogo Andreola Serraglio 22. International Treaty Fragmentation and Climate Change Cinnamon Carlarne Alternative International Approaches 23. ICAO and IMO: International Sectoral Approaches to Greenhouse Gas Reductions in Transport Kati Kulovesi and Joanna Dafoe 24. Interlinkages Between Climate Change, Ozone Depletion and Air Pollution: The International Legal Framework Harro van Asselt 25. The WTO and Climate Change Wybe Th Douma 26. Climate Change and International Investment Treaties Ximena Fuentes Torrijo PART III NATIONAL AND REGIONAL PERSPECTIVES ON REDUCING GREENHOUSE GASES General Issues 27. Polycentrism and Climate Change Hari M. Osofsky 28. Climate Change Federalism Kirsten H. Engel 29. Environmental Impact Assessments and Climate Change Jacqueline Peel 30. The Role of the National Courts in GHG Emissions Reductions Michael B. Gerrard and Meredith Wilensky Regional and National Mitigation Approaches Emissions Trading 31. Greenhouse Gas Emissions Trading in the EU Marjan Peeters 32. North American Greenhouse Gas Emission Trading Systems David Hodas and Patrick DeArmey 33. Emissions Trading in China Qin Tianbao and Zhang Meng Other Regulatory Approaches to Reduce Greenhouse Gases 34. Traditional Regulation’s Role in Greenhouse Gas Abatement David M. Driesen 35. Carbon Taxes Shi-Ling Hsu 36. Transportation as a Climate Wedge and Challenge under United States Law William W. Buzbee 37. Biofuel Arnold W. Reitze Jr 38. Renewable Energy: Support Mechanisms Thomas Schomerus 39. Renewable Energy: Public Acceptance and Citizens’ Financial Participation Birgitte Egelund Olsen 40. Energy Efficiency and Conservation John C. Dernbach Mitigation Strategies in Developing Countries 41. India’s Climate Change Mitigation Strategy Deepa Badrinarayana 42. Green Growth Policy in Korea Sang-Hyup Kim and Hong Sik Cho PART IV ADAPTATION Specific Impacts and Sectors 43. Integrated Water Law and Climate Change: An EU Perspective Marleen van Rijswick and Andrea Keessen 44. Water Availability and Allocation A. Dan Tarlock 45. Managing Ecosystem Effects in an Era of Rapid Climate Change Alejandro E. Camacho 46.Ocean Adaptation Robin Kundis Craig 47. Coastal Issues Margaret R. Caldwell and Molly Loughney Melius 48. Adaptation and the Energy Sector Rosemary Lyster and Manuel Peter Solis Cross-cutting Issues and Adaptation Techniques 49. Adaptation Justice Alice Kaswan 50. Loss and Damage in the UN Climate Regime Meinhard Doelle 51. Indigenous Peoples and Climate Change Sarah Krakoff 52. Human Mobility and Climate Change Katrina M. Wyman 53. Urban Planning and Climate Change Lisa Grow Sun and Brandon Curtis 54. Insurance Sean B. Hecht and Jesse Lueders 55. Disaster Law and Climate Change Robert R.M. Verchick PART V CONCLUSIONS 56. The Emergence of Global Climate Law Daniel A. Farber and Marjan Peeters Index
£270.00
Edward Elgar Publishing Ltd Research Handbook on Global Administrative Law
Book SynopsisThis Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field.The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community.The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Möllers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. WoutersTrade Review'This Handbook is an essential introduction to a key component of legal globalization analysis. Global Administrative Law theory is a crucial complement to all existing international law approaches, flowing from the realization that the world is nowadays increasingly governed by bodies - and networks of bodies - that have an administrative rather than political role. The panel of contributors includes most of the issue's best experts, and they provide us with an indispensable intellectual background to enter into an analysis of what it is made of and how to subject it to the rule of law.' --Jean-Bernard Auby, The Paris Institute of Political Studies, FranceTable of ContentsContents: Introduction: The Development of Global Administrative Law Sabino Cassese with Elisa D’Alterio PART I GLOBAL ADMINISTRATIONS 1. The Expansion of the Material Scope of Global Law Lorenzo Casini 2. The Proliferation of Global Regulatory Regimes Stefano Battini 3. Managing International Civil Servants Santiago Villalpando 4. International Public Procurement Elisabetta Morlino 5. Constitutional Foundations of Global Administration Christoph Möllers PART II GLOBAL NETWORKING 1. Linkages Between Global Regimes and Interactions with Civil Society Mario Savino 2. Global Networks and Shared Administration Paul Craig PART III THE GLOBAL ADMINISTRATIVE PROCESS 1. Global Standards for National Societies Richard B Stewart 2. Government by Negotiation Jan Wouters 3. Transnational Private Regulation: Regulating Private Regulators Fabrizio Cafaggi 4. The Enforcement of Global Decisions Barbara Marchetti PART IV RULE OF LAW AND DEMOCRACY IN THE GLOBAL SPACE 1. The Rule of Law and Transparency in the Global Space Marco Macchia 2. Judicial Globalization: The Proliferation of International Courts Mikael Rask Madsen 3. Judicial Regulation in the Global Space Elisa D’Alterio 4. Theories of Civil Society and Global Administrative Law: The Case of the World Bank and International Development Francesca Bignami 5. Global Indicators Marta Infantino PART V REGIONAL AND GLOBAL GOVERNANCE 1. Europe and Global Law Giulio Vesperini 2. Global Administrative Law and the Global South René Fernando Urueña Hernandez 3. The Global Administrative Law of Development Cooperation Philipp Dann PART VI GLOBALIZATION AND SOVEREIGNTY 1. Bringing Global Law Home Edoardo Chiti 2. Globalization and Sovereignty: Global Threats and International Security Emma Dunlop 3. The Future of Sovereignty: The Nation State in the Global Governance Space Eyal Benvenisti 4. Governing the World Sabino Cassese PART VII THE GLOBAL LEGAL CULTURE 1. The Globalization Debate – A Mid-decade Perspective Robert Howse 2. The Disputed Field of Global Lawyering Antoine Vauchez 3. The Global Administrative Law Scholarship Lorenzo Casini Index
£225.15
Edward Elgar Publishing Ltd Handbook of Space Law
Book Synopsis'If you want to own only one book on space law the newly published Handbook of Space Law, edited by Professor Frans von der Dunk, is it!'- Air and Space Law 'Professor Frans von der Dunk has never been threatened by modesty. Most striking is, however, that he always follows words with deeds. It is true for this Handbook of Space Law, which is indeed a particular accomplishment.'- Kai-Uwe Schrogl, Head of the ESA Policies Department, European Space Agency (ESA)'It really is a fantastic book analyzing all the relevant matters.'- Sagi Kfir, General Counsel, Deep Space Industries'[A] defining compendium in the space law lexicon.'- Sam Peterson, Operations Manager, European Space Agency (ESA)The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented character of international space law and the increasing commercialization and privatization of space activities. The book focuses on international space law in the broadest sense of the word, not only including the UN-based space treaties and international customary (space) law, but also the many specialized regimes such as those applicable to the international satellite organizations, the International Space Station, the international trade and the security-sensitive aspects of space technology exports, the financing of space ventures and environmental concerns. The novelty of this holistic approach to space law notably includes the profound and ever-increasing commercialization of space activities and the attendant involvement of the private sector in such activities. This authoritative book thus presents a unique standard work of reference for anyone interested in studying or researching the legal and regulatory aspects of space activities and their major applications in depth. Offering the most comprehensive and holistic analysis on legal and regulatory aspects of space activities and major space applications to date this Handbook will be of particular interest to students in space law higher education, public international law, researchers (including JSD and PhD students) of space law and practitioners in the major sectors of space activities.Contributors: C. Doldirina, C. Gaubert, P. Jankowitsch, I. Marboe, R.L. Schweickart, C. Sharpe, L.J. Smith, M. Sundahl, F. Tronchetti, P. van Fenema, L. Viikari, F. von der Dunk, M. WilliamsTrade Review'The intellectual frontlines of the coming skirmishes along this new frontier will doubtless be populated by the readers of this Handbook of Space Law. Just like the book offers a multi-angular approach to the various main issues involved, the increasing diversity and audacity of the entrepreneurs in the emerging space arena will require a matching multi-dimensional cast of space lawyers.' --(Taken from the Foreword by Rusty Schweickart, Apollo 9)'This handbook will - with all these merits - become a leading publication in the field of space law for retrieving information, analysis as well as inspiration. Editor, assistant editor and the further ten contributors have rendered an outstanding service to space law.' --(Prof. Dr. Kai-Uwe Schrogl, Zeitschrift fur Luft- und Weltraumrecht)'Offering the most comprehensive and up-to-date analysis on legal and regulatory aspects of space activities and major space applications, this Handbook of Space Law provides fundamental guidance to those who are interested in the legal aspects of mankind's main activities in outer space. The handbook will be of particular interest to students, researchers, lawyers, and policy-makers in space law in general or in particular areas thereof. Due to the highly dynamic nature of space technology and applications, it is possible that new legal and regulatory issues will arise after the appearance of this handbook. In the further examination of such new issues, the comprehensive scope, the multidimensional and comparative approach, and the forward-looking perspective adopted in this study should be encouraged.' --(Chinese Journal of Comparative Law)Table of ContentsContents: Foreword 1. The Background and History of Space Law Peter Jankowitsch 2. International Space Law Frans von der Dunk 3. National Space Law Irmgard Marboe 4. European Space Law Frans von der Dunk 5. International Organizations in Space Law Frans von der Dunk 6. Legal Aspects of the Military Uses of Outer Space Fabio Tronchetti 7. Legal Aspects of Launch Services and Space Transportation Peter van Fenema 8. Legal Aspects of Satellite Communications Frans von der Dunk 9. Legal Aspects of Satellite Remote Sensing Fabio Tronchetti 10. Legal Aspects of Satellite Navigation Lesley Jane Smith 11. Legal Aspects of Public Manned Spaceflight and Space Station Operations Carla Sharpe and Fabio Tronchetti 12. Legal Aspects of Private Manned Spaceflight Frans von der Dunk 13. Environmental Aspects of Space Activities Lotta Viikari 14. Legal Aspects of Space Resource Utilization Fabio Tronchetti 15. International Trade Aspects of Space Services Frans von der Dunk 16. Financing Space Ventures Mark J. Sundahl 17. Insurance in the Context of Space Activities Cécile Gaubert 18. Intellectual Property Rights in the Context of Space Activities Catherine Doldirina 19. Dispute Resolution Regarding Space Activities Maureen Williams Index
£52.20
Edward Elgar Publishing Ltd New Directions in the Effective Enforcement of EU
Book SynopsisThe EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralised enforcement. The contributors evaluate the traditional 'dual vigilance' framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.Contributors: E. Baker, P. Cortés, S. Drake, M. Eliantonio, M. Hobolth, M. Lottini, D.S. Martinsen, R. Murphy, C. Petrucci, J. Polak, M. Smith, J. Van der Heijden, E. VersluisTrade ReviewA welcome addition to scholarship on the enforcement of EU Law, the Drake and Smith edited collection brings three interrelated approaches to bear on the pressing and familiar challenge of effective enforcement: regulation, networked governance and innovations in enforcement in traditional and new fields of EU competence. In doing so, it requires EU law scholars to reconsider what is meant by enforcement and, through its engagement with political science, brings this important legal question to a wider EU Studies audience. --Imelda Maher MRIA, University College Dublin, IrelandNew Directions in the Effective Enforcement of EU Law and Policy is an important book on an important topic. Demonstrating a deep commitment to interdisciplinary work, not least among lawyers and political scientists, it casts fresh light on what are increasingly creative strategies for achieving effective enforcement in the fragmented and fluid system of EU governance. At the heart of this is a clear understanding of the different roles and perspectives of multiple actors, not just the European Commission. --Richard Rawlings, University College London, UKTable of ContentsContents: Preface Introduction by Melanie Smith and Sara Drake 1. More Effective Private Enforcement of EU Law Post-Lisbon: Aligning Regulatory Goals and Constitutional Values Sara Drake 2. The Visible, the Invisible and the Impenetrable: Innovations or Rebranding in Centralised Enforcement of EU Law? Melanie Smith 3. The Long, But Promising, Road from Deterrence to Networked Enforcement Jeroen Van Der Heijden 4. The Virtues of Interdependence and Informality: An Analysis of the Role of Transnational Networks in the Implementation of EU Directives Josine Polak and Esther Versluis 5. The SOLVIT Network and the Effective Enforcement of EU Law. What is New? Micaela Lottini 6. The Effectiveness of Transgovernmental Networks: Managing the Practical Application of European Integration in the Case of SOLVIT Dorte Sindbjerg Martinsen and Mogens Hobolth 7. Enforcing EU Environmental Policy Effectively: International Influences, Current Barriers and Possible Solutions Mariolina Eliantonio 8. Enforcing EU Consumer Policy More Effectively: A Three-Pronged Approach Pablo Cortés 9. Effective Private Enforcement of EU Competition Law: An Input and Output Legitimacy Analysis of Collective Redress Carlo Petrucci 10. A Case of "Nested Enforcement": Article 83 (2) TFEU, Compliance and the Area of Freedom, Security and Justice Post-Lisbon Estella Baker 11. The Effective Enforcement of Economic Governance in the European Union: Brave New World or a False Dawn? Ryan Murphy Conclusions by Melanie Smith and Sara Drake Index
£119.70
Edward Elgar Publishing Ltd Eutopia: New Philosophy and New Law for a
Book SynopsisThe human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead.In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.Trade Review'Allott's Eutopia is audaciously ambitious and unconventional in style and content. It seeks no less than to do for the 21st century what Thomas More's Utopia and Francis Bacon's Great Instauration did in the English Renaissance: To help bring about a transformation of human self-understanding, overcome fatalism and inertia ultimately grounded in mistaken ideas of the the human condition and the limits of human power, and become aware of the permanent possibility of making the human world into a ''place of happiness''.' --Mattias Kumm, New York University, School of Law'No international thinker today offers more profound insights, or offers more challenging questions, on the possibilities for law and philosophy to touch our lives and our world than does Philip Allott. A quarter of a century after publishing Eunomia, Allott unleashes an entirely original, magnificent, challenging and overwhelming book, one that asks us to confront fatalism and to imagine the possibility that thought and ideas have the power to enhance the future of the human.' --Philippe Sands QC, Professor of Laws, University College London, UK'What would happen if you decided to rethink the human condition from the ground up? If you spent a lifetime at it, taking along the works of the greatest minds who tried this before? You might conclude, with Philip Allott, that ''the human species will need a revolution -- a revolution in the mind -- to become what it could be.'' And that ''we have the power to transform the human world.'' Eutopia is the work of a singular mind, a heroically independent thinker who brings the full power of his synthetic intelligence and style to bear in this philosophical tour de force. Allott will entertain you, challenge you, educate you -- and you may end up changing the world!' --David Kennedy, Manley O. Hudson Professor of Law, Harvard Law SchoolTable of ContentsContents: Part I THE HUMAN CONDITION 1. Changing Reality by Changing Ideas. 2. The Human Condition Now. 3. Paradoxes of Being Human I 4. Paradoxes of Being Human II PART II HUMAN POWER 5. The Power of Memory 6. The Power of Imagination 7. The Power of Knowledge 8. The Power of Emotion PART III HUMAN WILL 9. New Philosophy: Human Flourishing through Self-understanding 10. New Law: Human Flourishing Through Self-ordering 11. New Society: Living the Good Life Together 12. From Istopia to Eutopia Index
£116.00
Edward Elgar Publishing Ltd International Claims Commissions: Righting Wrongs
Book SynopsisInternational claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.Trade Review'Thorough, creative and readable, this book is an important addition to the literature. The authors have eschewed an exclusively black-letter approach for a presentation and appraisal of the dynamic process of mass claims arbitration. Drawing on their rich experience, they also offer important recommendations to ensure that an interstate arrangement that is supposed to provide post-conflict justice for the ''collateral'' victims does not degenerate into a continuation of war by other means.' --W. Michael Reisman, Yale Law School, USTable of ContentsContents: Introduction: International Mass Claims Commissions: “Build-It-Yourself” Justice? 1. What Are International Mass Claims Commissions? 2. Why a Claims Commission? 3. The Legal and Operating Structure 4. Who Are the Claimants and What Are the Claims? 5. The Financial Structure of Claims Commissions 6. Problems of Proof and Evidence 7. Remedies and Compliance with Claims Commissions Rulings 8. Conclusions Index
£98.80
Edward Elgar Publishing Ltd The Political Economy of International Law: A
Book SynopsisSet in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law. The contributors reflect the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each.Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy-makers.Contributors include: E. Benvenisti, L. Boisson De Chazournes, B. Delcourt, A. Fabbricotti, A. Gianelli, E. Kica, U. Kohut, C. Leb, T.A. Lehmann, M.K. Lewis, P. Merkouris, A. Nollkaemper, M. Panizzon, N. Petersen, P.B. Stephan, J.P. Trachtman, A. Van Aaken, D. Vitiello, A. Von Staden, R.A. Wessel, J. WoutersTable of ContentsContents: Introduction Alberta Fabbricotti PART I FRAMEWORK ISSUES 1. Political Economy of International Law: Towards a Holistic Model of State Behavior Anne Van Aaken and Joel P. Trachtman PART II POLITICAL ECONOMY AND THE SOURCES OF INTERNATIONAL LAW 2. The Political Economy of Customary International Law Niels Petersen 3. Can Political Economy Help Solve The Riddle of Customary International Law? Alessandra Gianelli 4. The Political Economy of Jus Cogens Paul B. Stephan 5. The Political Economy of International Treaties Panos Merkouris 6. Political Economy and the Decisions of International Organizations: Choosing Governance Arrangements Through Informality Ramses A. Wessel and Evisa Kica PART III POLITICAL ECONOMY AND THE ENFORCEMENT OF INTERNATIONAL LAW 7. Political Economy of International Law: A Convenient Alliance for the Study of Compliance? Barbara Delcourt 8. International Political Economy and the Prisoner’s Dilemma: Compliance with International Law Meredith Kolsky Lewis 9. The Political Economy of Judicial Production of International Law Paul B. Stephan 10. The Political Economy of The (Non-)Enforcement of International Human Rights Pronouncements by States Andreas Von Staden 11. The Political Economy of International Lawmaking by National Courts Eyal Benvenisti 12. Political Economy and the Responsibility of States: The Problem of Many Hands in International Law André Nollkaemper PART IV POLITICAL ECONOMY AND SUBSTANTIVE FIELDS OF INTERNATIONAL LAW 13. The Political Economy of Regional Trade Agreements Alberta Fabbricotti 14. Political Economy and International Investment Law: The Conclusion of IIAs by Developing Countries during the Twentieth Century Tobias A. Lehmann 15. Political Economy and International Water Law: Political Economy Induced Changes to the Uptake of Benefit Sharing in International Water Law Laurence Boisson De Chazournes and Christina Leb 16. Political Economy and the Protection of Human Rights: Political Economy and Compliance with Human Rights Treaties Ulyana Kohut 17. Political Economy and International Migration Law Daniela Vitiello and Marion Panizzon PART V CONCLUSIONS 18. Political Economy and International Law: Paradoxes and Potential Eyal Benvenisti and Jan Wouters Index
£147.00
Edward Elgar Publishing Ltd Research Handbook on Global Health Law
Book SynopsisThis timely Research Handbook provides a critical conceptualization and definition of the growing field of global health law. The Research Handbook forms the first comprehensive study on the treatment of health issues in international legal regimes and explores the role of international law in addressing the most prominent global health challenges. The editors have consciously adopted a holistic approach by including 'soft' norms and informal law-making processes in the Research Handbook's scope to give a realistic account of the normative framework that shapes contemporary global health. Despite following a predominantly legal perspective, the Research Handbook also adopts an interdisciplinary approach by looking at health from a governance perspective and using insights from international relations scholarship in forecasting possible future developments surrounding health law. The Research Handbook features contributions from a team of leading international legal scholars who have experience of approaching the issue of global health from multiple angles. International law scholars who are seeking information on the growing role of health in governance trends will find this Research Handbook to be of great interest. Public health scholars who are researching international legal perspectives on health practice and policy will also find it to be a valuable resource.Contributors include: F. Abbott, A. Bellal, C. Brassart Olsen, G.L. Burci, G. Call, A. Garde, C. Giorgetti, S. Gruskin, M. Hartley, J. Liberman, M.M. Mbengue, B. McGrady, S. Moon, T. Murphy, S. Negri, K. O'Cathaoir, X. Seuba, D. Tarantola, J. Tobin, B. Toebes, S. Waltman, S. ZhouTrade Review'Global health law, consisting of various hard and soft law instruments, is a newly-emerging field of international law. Through addressing this complex subject, leading experts in relevant areas scrutinise each issue and attempt to define the concept of global health law ambitiously and level-headedly. This book will be an eye-opener and should be added to your list of must-reads.' --Yoshinori Abe, Gakushuin University, Japan and Member of the ILA Committee on Global Health Law'Professors Burci and Toebes have assembled world-class scholars that bring the field of global health law alive. This transformative Research Handbook provides an authoritative and accessible understanding of all the major causes of death globally, from infectious diseases and tobacco to non-communicable diseases and obesity. Burci and Toebes view global health law beyond the prism of health, all the way to human rights, climate change, and trade. This volume has to be on the desk of anyone serious about global health and the law. Bravo!' --Lawrence O. Gostin, Georgetown University, USTable of ContentsContents: PART I FRAMING GLOBAL HEALTH LAW 1. Introduction Brigit Toebes 2. Global health law and governance: concepts, tools, actors and power Suerie Moon PART II INTERNATIONAL LAW AND HEALTH 3. Still Getting to Know You: Global Health Law and the right to health John Tobin 4. Hardwired human rights: a health and human rights perspective on global health law Therese Murphy 5. Health and international trade law Benn McGrady 6. Health and intellectual property rights Frederick Abbott 7. Health and international investment law Chiara Giorgetti 8. Health and international environmental law Makane M. Mbengue and Susanna Waltman 9. Health and international humanitarian law Annyssa Bellal and Geneva Call PART III INTERNATIONAL REGULATION OF HEALTH CHALLENGES 10. Communicable Disease Control Stefania Negri 11. The recognition and evolution of the HIV and human rights interface: 1981-2017 Sofia Gruskin and Daniel Tarantola 12. Tobacco control Suzanne Zhou and Jonathan Liberman 13. Global Health Law and Non-Communicable Diseases Prevention: Maximizing Opportunities by Understanding Constraints Amandine Garde 14. Global Health Law and Obesity: Towards a Complementary Approach of Public Health and Human Rights Law Mette Hartley, Katharina O’Cathaoir and Céline Brassart Olsen 15. Harmonization and standardization in global health Xavier Seuba PART IV CONCLUSION 16. Global Health Law: Present and Future Gian Luca Burci Index
£192.85