Public international law Books

Book SynopsisPublic diplomacy has never been more important in international relations. Yet, public diplomacy’s future as a valued national resource and a respected profession is far from certain. Lingering historical misperceptions and contemporary debate regarding public diplomacy’s role and value in protecting and advancing national and international interests threaten public diplomacy’s advancement on both fronts. Grounded in public relations theory and steeped in common sense, this book advances the global debate on public diplomacy’s future by documenting the intellectual and practical development of public diplomacy in the United States and analyzing key challenges ahead. The author’s fresh perspective provides compelling insights into public diplomacy's purpose and value, the conceptual foundations of the discipline, and principles of strategic practice. Based on extensive primary and secondary research, including a comprehensive survey of veteran U.S. public diplomats, the book reveals lessons learned from the U.S. experience in public diplomacy that will be critical in determining public diplomacy's fate in the United States and throughout the world.Trade Review"The author covers all the major ideas that have been presented in print on public diplomacy since 9/11, and some older ones, such as Tom Tuch’s classic volume, Communicating with the World. She seeks to relate and compare public diplomacy to other practices, such as public relations, marketing, advertising, nation branding and international relations theory. Unlike much of the other writing on public diplomacy, especially articles and essays or edited volumes by different authors that focus on narrow aspects of the subject, she brings them all together and tries to make sense out of the whole body of thought on the subject." (Ambassador (ret.) William A. Rugh, Ph.D., AmericanDiplomacy.org, 2010)

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Book SynopsisThe Responsibility to Protect and International Law focuses on questions relating to R2P’s legal quality, its relationship with sovereignty, and the question of whether the norm establishes legal obligations. It also aims to introduce readers to different legal perspectives, including feminism, and pressing practical questions such as how the law might be used to prevent genocide and mass atrocities, and punish the perpetrators.Table of ContentsIntroduction. Alex J. Bellamy, Sara E. Davies and Luke Glanville Sovereignty, Choice and the Responsibility to Protect, Edward C. Luck A Bird in the Hand is Worth Two in the Bush – On the Assumed Legal Nature of the Responsibility to Protect, Ekkehard Strauss The Responsibility to Protect and the Use of Force: Building Legality? Jutta Brunnée and Stephen J. Toope The Responsibility to Protect and International Law, Alex J. Bellamy and Ruben Reike The Responsibility to Protect: A Legal and Rights-based Perspective, Dorota Gierycz International Law and the Responsibility to Protect: Clarifying or Expanding States’ Responsibilities? Jennifer M. Welsh and Maria Banda Feminist Reflections on the Responsibility to Protect, Hilary Charlesworth Responsibility to Protect: A Framework for Prevention, Sheri P. Rosenberg Stopping the Killing: The International Criminal Court and Juridical Determination of the Responsibility to Protect, Michael Contarino and Selena Lucent Conclusion, Alex J. Bellamy, Sara E. Davies and Luke Glanville

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Book SynopsisThe realm of international peace and capacity development operations is a critical and contested space. Efforts to date have failed to meet expectations. This volume of work takes on the breadth of issues across the security-development spectrum, challenging conventional wisdom while pointing to ways in which improvements in this crucial space can be realised.Table of ContentsChapter 1: Introduction: ‘Making Sense of Peace and Capacity-building Operations: Rethinking Policing and Beyond’ Charles Hunt and Bryn Hughes Chapter 2: Understanding Mission Environments: Local Contexts and the Legitimation of Reforms Otwin Marenin Chapter 3: Redeeming Statebuilding’s Misconceptions: Power, Politics and Social Efficacy and Capital in Fragile and Conflict-Affected States Eric Scheye Chapter 4: Grasping the Nettle of Nonstate Policing Bruce Baker Chapter 5: From Ideals to Reality in International Rule of Law Work – The Case of Papua New Guinea Sinclair Dinnen Chapter 6: How to Maintain Peace and Security in a Post-conflict Hybrid political order: The case of Bougainville Volker Boege Chapter 7: Policing, Rule of Law, State Capacity and Sustainable Peace in Timor-Leste Damien Kingsbury Chapter 8: Privileges and Immunities of United Nations Police Bruce Oswald and Adrian Bates Chapter 9: Assessing Police Peacekeeping: Systemisation not Serendipity Charles Hunt and Bryn Hughes Chapter 10: Understanding International Police Organisations: What the Researchers Do Not See Gordon Peake

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Book SynopsisThe Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments examines whether and how legal fisheries instruments encompass a normative consensus on human development. Focusing on both multilateral (treaties and soft-law) as well as the ACP-EU bilateral fisheries instruments, Nienke van der Burgt provides a detailed analysis as to whether these different types of legal instruments reflect the principles of equity, poverty eradication and participation, which have been identified as key indicators of human development. Moreover, specific attention is paid to whether explicit reference is made to the small-scale fisheries sector and to the role of women. Concluding that despite increasing evidence of the potential and significant contribution of fisheries towards human development, legal fisheries instruments seem to be struggling with the incorporation of a human development–centred approach, The Contribution of International Fisheries Law to Human Development is essential reading for all those involved in the fields of international environmental law and sustainable human development.Trade Review"Dr Neinke Van der Burgt writes a fascinating and timely analysis of international fisheries instruments that goes beyond interpretations of sustainability and commerce, and analyses the influence of these instruments on human development." -Quentin Hanich, University of Wollongong

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Book SynopsisThe increasing involvement of private enterprise in the conduct of space activities raises key issues with respect to international space law which has left it to national law to implement relevant rules vis-à-vis private enterprise. Almost unavoidably, such national implementation regimes differ largely across individual states. This is also true in Europe, where the issue is further compounded by the fundamental – but fundamentally different – roles of ESA and the European Union. Focusing on Europe, the present book thus represents the first comprehensive effort to discuss national authorisation schemes not country by country but theme by theme, so as to allow for a real comparison of the lack of harmonisation or even coordination, and the possible problems which may result.Trade Review"In conclusion, the book offers a unique and complete presentation of space legislation in both European and major non-European countries with reference to international space laws. All relevant aspects are examined, like liability, environment, national security, space tourism and competition law. The book represents an excellent basis for designing the way forward for a space law harmonisation process in the European Union." Alfredo Roma, Space Policy, Volume 28, issue 2, May 2012.Table of ContentsAuthors’ biographies; Foreword – Dr. P. Hulsroj; Introduction – Prof. Dr. F.G. von der Dunk; 1. The Origins of Authorisation: Article VI of the Outer Space Treaty and International Space Law Prof. Dr. F.G. von der Dunk ; 2. Brief Overview of National Authorisation Mechanisms in Implementation of The UN International Space Treaties Prof. Dr. I. Marboe & F. Hafner ; 3. Granting Access to Outer Space: Rights and Responsibilities for States and Their Citizens – An Alternative Approach to Article VI of the Outer Space Treaty, Notably through the Belgian Space Legislation Mr. J.F. Mayence; 4. Liability in the Context of National Authorisation Prof. Dr. A. Kerrest de Rozavel & Prof. Dr. F.G. von der Dunk; 5. Insurance in the Context of National Authorisation Mrs. C. Gaubert; 6. Environmental Protection and Space Debris Issues in the Context of Authorisation Mr. R. Tremayne-Smith; 7. Safeguarding National Security and Foreign Policy Interests – Aspects of Export Control of Space Material and Remote Sensing Activities in Outer Space Dr. M. Gerhard & Dr. M. Creydt; 8. The Issue of National Security in the Context of National Space Legislation – Comparing European and Non-European States Prof. Dr. F.G. von der Dunk; 9. Space Tourism – The Authorisation of Suborbital Space Transportation Dr. M. Gerhard; 10. Authorisation of Space Activities after the Entry into Force of the EU Reform Treaty Dr. B. Schmidt-Tedd; 11. EU Competition Law and Issues of National Authorisation of Private Space Activities Prof. Dr. L.J. Smith; List of abbreviations and acronyms; Table of important legal documents; Index.

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Book SynopsisThe International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The “Arctic Sunrise” Case (Kingdom of the Netherlands v. Russian Federation), Provisional Measures. The documents are reproduced in their original language. The Tribunal delivered its Order on 22 November 2013. It is published in Reports of Judgments, Advisory Opinions and Orders 2013 (ITLOS Reports 2013). The written pleadings, minutes of public sittings and other documents from the proceedings in The M/V “Louisa” Case (Saint Vincent and the Grenadines v. Kingdom of Spain), Provisional Measures, have been published in the volume ITLOS Pleadings, Minutes and Documents 2009-2010, Vol. 15, Part II. Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer. Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure dans l’Affaire de l’« Arctic Sunrise » (Royaume des Pays-Bas c. Fédération de Russie), mesures conservatoires. Les documents sont reproduits dans la langue originale utilisée. Le Tribunal a rendu son ordonnance le 22 novembre 2013. L’ordonnance est publié dans Recueil des arrêts, avis consultatifs et ordonnances 2013 (TIDM Recueil 2013). Les pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents produits dans l’Affaire du navire « Louisa » (Saint-Vincent-et-les Grenadines c. Royaume d’Espagne), mesures conservatoires, sont publiés dans le volume : TIDM Mémoires, procès-verbaux et documents 2009-2010, vol. 15, partie II.

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Book SynopsisThis volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.Trade Review"This volume is a fascinating, thorough exposition of the Judge's vision which has largely been influenced by his prior experience as President of the Inter-American Court of Human Rights and Professor of International Law. He is strongly committed to the view that international judges have a particular role in defending the international rule of law and ensuring protection of vulnerable interests, including women, migrants, indigenous peoples and the environment...This is truly an inspiring book which may be considered a new classic within international law. It contains an encyclopedic wealth of references to literature, case law, and conventions. It is highly recommended for scholars, practitioners, and students whom the author classifies as "the new generations of international lawyers" dedicated to universalization and humanization." – Cecilia Marcela Baillet, in: Nordic Journal of International Law 81/2 (2012) "Judge Cancado Trindade's challenging venture - appearing in the prestigious series of the Hague Academy of International Law Monographs - is much more than an updated and revised version of his 2005 General Course. His book is assuredly a significant attempt at reinstatiing the whole international corpus iuris as an obligatory, normative framework of today's world community within its dynamics and potentialities of the future, having all the features of a treatise. The author offers a consummate summa magna of views and reflections he has pondered through and carefully crafted in his academic publications of the teacher, his opinions and advice of the jurisconsult and diplomat, as well as his jurisprudential contribution of the judge." – Christophe Swinarski, in: International Humanitarian Legal Studies 2/2011Table of ContentsExcerpt of table of contensts: Glossary of Abbreviations; Introduction: Preliminary Considerations; Part I Prolegomena; Chapter I The Evolution towards a New Jus Gentium: The International Law for Humankind; Chapter II Time and Law Revisited: International Law and the Temporal Dimension; Part II Foundations of International Law; Chapter III Foundations of International Law: The Role and Importance of Its Basic Principles; Chapter IV The Primacy of International Law over Force; Part III Formation of International Law; Chapter V Contemporary International Law-making: A Reassessment of the Theory of Formal “Sources” of International Law; Chapter VI The Material Source of International Law: Manifestations of the Universal Juridical Conscience; Part IV Subjects of International Law; Chapter VII States as Subjects of International Law and the Expansion of International Legal Personality; Chapter VIII International Organizations as Subjects of International Law; Chapter IX The Legal Personality of the Individual as Subject of International Law; Chapter X The Legal Capacity of the Individual as Subject of International Law; Chapter XI Humankind as a Subject of International Law; Part V Construction of the International Law for Humankind; Chapter XII Conceptual Constructions: Jus Cogens and Obligations Erga Omnes; Chapter XIII Conceptual Constructions: Common Heritage of Mankind and Common Concern of Mankind; Chapter XIV Conceptual Constructions: The Right to Peace and The Right to Development; Chapter XV Conceptual Constructions: Responsibility for International Crimes and Universal Jurisdiction; Part VI Humanization of International Law; Chapter XVI Basic Considerations of Humanity in the Corpus Juris of International Law; Chapter XVII Basic Considerations of Humanity in Relation to Disarmament; Chapter XVIII Basic Considerations of Humanity in Relation to the Law of Treaties; Chapter XIX Basic Considerations of Humanity in Relation to State Responsibility; Chapter XX Basic Considerations of Humanity in Relation to State Succession; Chapter XXI Basic Considerations of Humanity in Relation to Territory; Chapter XXII Basic Considerations of Humanity in Relation to Diplomatic and Consular Law; Chapter XXIII Basic Considerations of Humanity in Relation to the Convergences of Regimes of Protection of the Human Person; Part VII Settlement of Disputes; Chapter XXIV Peaceful Settlement of International Disputes: Current State and Perspectives; Chapter XXV International Rule of Law: The Need and Quest for International Compulsory Jurisdiction; Part VIII Perspectives; Chapter XXVI The Legacy of the Recent Cycle of World Conferences of the United Nations; Chapter XXVII Codification and Progressive Development of a Universal International Law; Chapter XXVIII Conclusions: International Law for Humankind – Towards a New Jus Gentium; Select Bibliography; Table of Cases; Index.

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Book SynopsisIn Supranational Citizenship and the Challenge of Diversity Francesca Strumia explores the potential of European citizenship as a legal construct, and as a marker of group boundaries, for filtering internal and external diversities in the European Union. Adopting comparative federalism methodology, and drawing on insights from the international relations literature on the diffusion of norms, the author questions the impact of European citizenship on insider/outsider divides in the EU, as experienced by immigrants, set by member states and perceived by “native” citizens. The book proposes a novel argument about supranational citizenship as mutual recognition of belonging. This argument has important implications for the constitution of insider/outsider divides and for the reconciliation of multiple levels of diversity in the EU.

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Book SynopsisIn The Juridical Nature of Unilateral Acts of States in International Law Eva Kassoti explores the question of the legal nature of unilateral acts by focusing on their essential characteristics, namely unilateralism and the manifest intention to be bound. By analysing the legal and factual context surrounding the making of unilateral acts, this volume offers a list of indicators of the elements of unilateralism and manifest intention that will facilitate the determination of the existence of a unilateral juridical act in practice. Kassoti explores the legal nature of unilateral acts from the viewpoint of the theory of international juridical acts and thus, attests to the validity of this theory as a comprehensive framework for the analysis of all juridical acts in international law.

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Book SynopsisLe contentieux de la mise en conformité dans le règlement des différends de l’O.M.C. offers an analysis of the unique design of the WTO dispute settlement system, which draws the implementation process into the sphere of adjudication. Le contentieux de la mise en conformité dans le règlement des différends de l'O.M.C. vise à démontrer la conception unique de la fonction juridictionnelle à l'O.M.C., de laquelle l'exécution des décisions rendues est une partie intégrante.

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Book SynopsisProfessor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’Table of ContentsEditors’ Preface & Acknowledgements; Biographies Of Contributors; Roger S Clark 1. Tribute: Jose Ramos Horta 2. Tribute: Tuiloma Neroni Slade 3. Laudatio: In Honour of Roger Clark: M. Cherif Bassiouni 4. Roger Clark, A Personal Tribute: William A. Schabas 5. Roger Avant-Garde: Gerry Simpson Essays on Peace, War & Global Security 6. Germany and the Crime of Aggression: Claus Kreß 7. Mobilising Law on the Side of Peace: Security Council Reform and the Crime of Aggression: Brian Foley 8. From the Shoulders of Giants: Harold Nicolson’s Peacemaking 1919 and the Congress of Vienna: Pam Jenoff 9. The Rule of Law, the International Justice System and Africa: Daniel David Ntanda Nsereko 10. Global Citizenship: Kennedy Graham 11.From Dr Strangelove to Dr Suess: Contributions of Professor Roger Clark on the Legal Norm against Nuclear Weapons: Alyn Ware Essays on Human Rights 12. Updating the Standard Minimum Rules for the Treatment of Prisoners: Nigel S Rodley, Andrea Huber & Lorna Mcgregor 13. The High Commissioner for Human Rights on the Legal Obligation of Corporations to Respect International Human Rights Norms: Chile Eboe-Osuji 14. Human Rights as International Constitutional Law: Bertrand G. Ramcharan 15. Human Rights in Foreign Policy: Can Realism be Liberalized?: David P. Forsythe Essays on Self-Determination 16. West Papuan Self-Determination and International Law: New Indigenous Rights or Old-Fashioned Genocide?: Catherine J. Iorns Magallanes 17. “Professor Clark, What can We Do about the Western Sahara”?: Suzannah Linton Essays on International, Transnational & Comparative Criminal Law 18. Forks in the Road – Personal Reflections on Negotiating the Kampala Amendments on the Crime of Aggression: Christian Wenaweser & Stefan Barriga 19. The Elusive Essence of Crimes against Humanity: Margaret M. Deguzman 20. Towards a New Global Treaty on Crimes against Humanity: Leila Nadya Sadat 21. Challenges in Applying Article 8 of the Rome Statute: Tim Mccormack 22. Perpetrators (Article 25 (3) of the ICC Statute): Thomas Weigend 23. The Limited Reach of Superior Responsibility: Shane Darcy 24. Possession as a Criminal Offence and the Function of the Mental Element: Reflections from a Comparative Perspective: Kai Ambos 25. Of War Councils and Warmongering: Considering the Viability of Incitement to Aggression: Gregory S Gordon 26. Individual Criminal Responsibility – Of “Dog’s Law”, Offending against Sound Popular Feeling, Semi-Colons and Commas: Kenneth Keith 27. The 2012 Protocol on the Illicit Trade in Tobacco – Signpost to the Future of Transnational Criminal Law?: Neil Boister Essays on & from North America 28. Roger Clark’s Role in the Removal of Capital Punishment From the American Law Institute’s Model Penal Code: Ellen S. Podgor 29. Customary International Law as the Rule of Decision in Human Rights Litigation in the US Courts: Joseph Dellapenna 30. Human Rights Treaties in and beyond the Senate: The Spirit of Senator Proxmire: Jean Galbraith 31. Judicial Review of Decision-Making Engaging Public Practices ond Other Manifestations of Faith – Lessons From Roger Clark and Beatty V. Gillbanks: David Mullan 32. The Alien Tort Statute, Kiobel, and the Struggle for Human Rights Accountability: Beth Stephens 33. Dynamics of International Legal Systems and State Regulatory Autonomy: Ari Afilalo 34. Practicing E-Legally: The United Nations Convention on the Use of Electronic Communications in International Commerce: Amelia Boss Essays on New Zealand 35. Foreign Cultural Heritage Claims: New Zealand V. Ortiz Thirty Years Later: Robert K. Paterson & James A.R. Nafziger Essays from the Field 36. Reform of UN Inquiries: Geoffrey Palmer 37. “Knocked over by a Pile of Bombs. Hasn’t Felt Well Since”: Nuclear Test Veterans and the UK Ministry of Defence Pensions System: Sue Rabbitt Roff 38. Overcoming Implementation Issues of the Victims’ Law in Colombia: Ashley Clark CV of Roger S Clark. Index.

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Book SynopsisIn the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialists in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respective fields and the most pressing challenges that lie ahead for them. The result is a thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.Table of ContentsExcerpt of table of contents: Preface; 1 International Law Mastering the Future: Global Governance Millennium Development Goal Paul de Waart 1 International Law in Development 2 International Law in the Development Agenda 3 Good Governance Development Goal 4 Global Governance in Silver Perspective 5 Global Sustainable Distribution of Wealth 2 Judicial Activism in Strasbourg Marc Bossuyt 1 Manifestations of Activist Behavior 2 The Techniques Used by the Court to Engage in an Activist Behavior and the Main Arguments Invoked to Justify Such a Behavior 3 The Dangers of his Judicial Activism 4 Conclusions 3 Reflections on the Future of International Criminal Law Harry H.G. Post 1 The Dynamic Development of International Criminal Law 2 The Domestic Level ‘As It Was’ 3 Stagnation at the International Level? 4 Domestic Contributions to the Administration of International Justice 5 Concluding Remarks 4 Sixty Years in the Life of an International Lawyer Both as a Teacher and a Practitioner Eric Suy 1 Introductory Remarks 5 New Developments in the Cyprus Question – The Beginning of the End, or the End of the Beginning? Neri Sybesma-Knol 1 Fifty Years of United Nations Involvement 2 What Happened Before 3 The Concept of Peacekeeping 4 Prerequisites for Success of Peacekeeping Missions 5 The Situation in Cyprus Deteriorating 6 Enter: The European Union 7 The Annan Plan 8 The European Court of Human Rights 9 A New Momentum 10 Conclusions 6 The International Court of Justice, Back to the Future: Keeping the Dream Alive Karel Wellens 1 Introduction 2 The International Legal Landscape Has Changed 3 The Judicial Landscape Has Changed 4 The Judicial Function Has Changed 5 The Plurality of Judicial Functions 6 The Court’s Judicial Functions 7 Finding a New Balance between the Court’s Institutional and Systemic Role 8 Revisiting Judicial Economy: ‘There is no Need for the Court to Consider…’ 9 The Scope and Persuasive Quality of Judicial Reasoning 10 The Role of Separate and Dissenting Opinions 11 Judicial Policy 12 As Guardian of the International Community the Court Should Adopt a (More) Pro-Active Judicial Policy 13 A More Pro-Active Judicial Policy Sensu Stricto 14 A More Pro-Active Judicial Policy Sensu Lato 15 Transcending the Bilateral Nature of the Disputes: Towards More Third-party Participation 16 Towards a More Frequent Exercise of Inherent Powers 17 Final Observations.

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Book SynopsisThis volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The “Arctic Sunrise” Case (Kingdom of the Netherlands v. Russian Federation), Provisional Measures. Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure dans l’Affaire de l’« Arctic Sunrise » (Royaume des Pays-Bas c. Fédération de Russie), mesures conservatoires.

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Book SynopsisIn Hong Kong's Legislature Under China's Sovereignty: 1998-2013 Dr Gu Yu thoroughly analyses how Hong Kong’s legislature has impacted the law-making process as well as the financial control and supervision of the executive branch of the government. The political cleavage in Hong Kong seen in recent years has affected the level of Legco’s autonomy in terms of leadership, rules, committee autonomy and control over the legislative agenda. Given the weakened autonomy of Legco and the decline of moderate forces in both the pro-Beijing and pro-democracy camps, the role of Legco as a collective actor of checks and balances against the executive branch has been weakened. This book will appeal to both academics and practitioners whose work involves the relationship between the legislature and the executive branch in the HKSAR.Trade Review"...the text is clear and well-structured, and the author supplies readers with a wealth of supporting detail and statistics..." -Roderick Munday, The Cambridge Law Journal

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Book SynopsisThe papers by international and Ethiopian scholars included in Human Rights and Development: Legal Perspectives from and for Ethiopia focus on the interconnectedness between the protection of human rights and the achievement of development. The book adds to the international debate by providing a unique insight into the Ethiopian perspective on the nexus between rights and development and by discussing how this nexus manifests itself in the Ethiopian context. The comparative and international frameworks and examples constitute a valuable resource for the debate on human rights and development in Ethiopia, which is currently taking place in the context of the developmental state approach pursued by the Ethiopian government.Table of ContentsList of Tables and Charts; Notes on Contributors; Introduction The Nexus between Human Rights and Development from International and Ethiopian Perspectives Eva Brems, Christophe Van der Beken and Solomon Abay Yimer; The Right to Development Chapter 1 The Right to Development in Africa Koen De Feyter; Chapter 2 Human Rights and Development in Africa: Assessing COMESA’s Experience Adolphe Kilomba Sumaili; Chapter 3 The Right to Development in Ethiopia Abdi Jibril Ali; Development as a Threat to Human Rights Chapter 4 Ethiopia: Development with or without Freedom? Assefa Fiseha Yeibyio; Chapter 5 Addressing the Rights of Indigenous Peoples in the Development of Ethiopia: a Difficult Compromise or a Compelling Necessity? Dorothée Cambou; Chapter 6 Foreign Direct Investment in Ethiopian Land: The Good, the Bad, and the Lessons to Be Learned Genny Ngende; Integrating Human Rights in Development Chapter 7 Market Development and Human Rights Protection: Enforcing the UN Guiding Principles on Business and Human Rights in Ethiopia Solomon Abay Yimer; Chapter 8 The Quest for Effective Remedies in the Home States of Transnational Corporations: Legal Realism versus Legal Reality Lieselot Verdonck; Chapter 9 The Role of Grants in Local Development Efforts: Case Study on Local Autonomy and Accountability from a Human Rights-Based Approach in Ethiopia Solomon Negussie Abesha; Chapter 10 Environmental Rights and Investment in Ethiopia: a Strenuous Relationship Zerihun Yimer Geleta; Human Rights for Development: A Wide Range of Fora Chapter 11 Poverty and Human Rights: A European Perspective Laurens Lavrysen; Chapter 12 The Human Rights Commission of Ethiopia and Issues of Forced Evictions: A Case-oriented Study of its Practice Mohammed Abdo Mohammed; Chapter 13 Gender Equality, Women’s Rights, and Environmental Sustainability: The Case of Climate Change Nicky Broeckhoven; Index.

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Book SynopsisThe Role of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in the development, interpretation and application of international law. Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions – in various forms – to the development and strengthening of the international legal system. Please also see the following related titles: - British Influences on International Law, 1915-2015 - British Contributions to International Law, 1915-2015Trade Review"The essays collected in The Role of Legal Advisers in International Law provide a rich store of information and analysis regarding some of the most important practitioners of international law. The book is a significant and useful contribution to the literature on the subject." John R. Crook, American Journal of International Law, Volume 112, Issue 3, July 2018, pp. 528-533 .Table of ContentsAbout BIICL; Preface by Dame Rosalyn Higgins; Authors’ Biographies; 1 Zidar and Gauci Introduction: Legal Advisers as the Visible College of International Lawyers Part 1: United Kingdom 2 Anderson: The Functions of the Legal Adviser: Advising, Negotiating, Litigating 3 Macleod: The FCO’s Legal Advisers and Contemporary Challenges 4 Gladstone: The Legal Adviser and International Disputes: Preparing to Commence or Defend Litigation or Arbitration Part 2: Comparative perspectives 5 Wood: Legal Advisers 6 Kingston: Organisation and Context for the Work of the Legal Adviser: The Legal Division of the Department of Foreign Affairs and Trade of Ireland 7 Gutiérrez Ruiz: The Experience of Legal Advisers in Costa Rica: A Case for Peaceful International Law 8 McCosker: The Intersecting Professions of the International Law Adviser and Diplomat in a Rising Asia: Australia, India and Malaysia 9 Kita: The Legal Advice System of the Ministry of Foreign Affairs of JAPAN: Between Legal Advisers and Foreign Policy Makers 10 Valek: The Different Roles of the Czech Legal Adviser: From a Watchdog to a Headhunter Part 3: Personal reflections 11 Tladi: Reflection on Advising the South African Government on International Law 12 Alabrune: The Case of the Legal Advisor to the French Ministry of Foreign Affairs 13 Rohnquist: The Role of Legal Advisers in International Law: The Swedish Experience 14 Corell: Personal Reflections on the Role of the Legal Adviser: Between Law and Politics, Authority and Influence Part 4: Functional developments 15 Gussetti: Legal Advisers and the European Union: A new Perspective to Cooperation in International Law 16 Hill: The Role of NATO’s Legal Adviser 17 Hughes: The Role of the Legal Adviser in the World Trade Organization 18 Quayle: Legal Advisers and International Organisations: The Convergence of Interior and Exterior Legal Obligations Part 5: Professional requirements 19 Purdasy: The Competency-based Legal Adviser 20 Koh: The Legal Adviser’s Duty to Explain 21 Zidar: Legal Advisers and Professional Ethics Part 6: Evolving fields 22 Koskenniemi: The Place of Law and the Role of Legal Advisers in Collective Security 23 Kuhn & Berger: Legal Advisers in the Armed Forces 24 Donatantonio: The Monitoring, Mentoring and Advising Role Exercised by International or Rule of Law Missions in the Prosecutorial Area Concluding part 25 Gauci&Jones: Conference Report 26 Berman: Conclusion Index.

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Book SynopsisThe Challenges of Environmental Protection and Sustainable Development from Rio to Rio+20 and Beyond is an innovative and original book which addresses in an analytical and critical way the issues raised by Rio+20. Its content offers a wealth of information from world leading experts in the fields of international law, international environmental law and international health law. The book provides a unique insight in issues which are at the core of the contemporary management of social, environmental and economic questions and thus represents a very important contribution to our further understanding of the concept of sustainable development. It is aimed at a global audience and at anybody interested in the future of our Planet and the fate of future generations. Contributors are: Pia Acconci, Estelle Brosset, Francesco Buonomenna, Lucien Chabason, Carina Costa de Oliveira, Angela Di Stasi, Jérôme Dubois, Malgosia Fitzmaurice, Leonardus Gerber, Elizabeth Hodson de Jaramillo, Sophie Lavallée, Antonio Leandro, Sandrine Maljean-Dubois, Panos Merkouris, Claudia Napoli, Stefania Negri, Anna Oriolo, Rossana Palladino, Teresa Russo, Ingrid Schuler, Francesco Sindico, José Manuel Sobrino Heredia, Hélène Tigroudja, Valentina Vadi, Anna VigoritoTable of ContentsContents Preface ix Malgosia Fitzmaurice Notes on contributors x Introduction 1 Stefania Negri and Sandrine Maljean-Dubois PART 1 The Legal and Institutional Framework 1 The Normative Force of the Outcome Document “The Future We Want” - Brief Remarks 9 Angela Di Stasi 2 La gouvernance globale de l’environnement - Enjeux et perspectives après la Conférence des Nations Unies sur le développement durable « Rio+20 » 27 Sandrine Maljean-Dubois 3 Sustainable Development Partnerships as a Bridge between International Commitments and their National Implementation 40 Carina Costa de Oliveira PART 2 The Environmental Dimension of Sustainable Development 4 The Heritage Dimension of the Climate System and Its Protection for the Benefit of Mankind 65 José Manuel Sobrino Heredia 5 Climate Change and Natural Disasters 80 Panos Merkouris 6 La biodiversité Un pilier pour le développement durable « post-Rio+20 » ? 100 Sophie Lavallée 7 Sustainable Development as Guideline for Oceans and Seas Governance 130 Antonio Leandro 8 Sound Management of Waste and Environmental Protection from Stockholm to Rio+20 143 Teresa Russo PART 3 The Human, Social and Cultural Dimensions of Sustainable Development 9 Elimination de la pauvreté, droits de l’homme et développement durable 161 Hélène Tigroudja 10 Food Security within the Framework of International Assistance for Development - Working towards Rural Sustainability for the Realization of the Right to Food 177 Pia Acconci 11 Le droit à l’eau en tant que droit de l’homme au niveau international et européen. Sa mise en oeuvre « en harmonie avec la nature » dans « L’avenir que nous voulons » 196 Anna Oriolo and Anna Vigorito 12 L’éducation au développement durable - Un droit de l’individu, un devoir de l’Etat 223 Claudia Napoli 13 Environmental Changes and Migration - Responses from Rio to Rio+20 and Beyond 239 Rossana Palladino 14 Sustainable Development and Global Health - Positioning Health in the Post-2015 Development Agenda 264 Stefania Negri PART 4 The Economic Dimension of Sustainable Development 15 Energy and Policy Objectives in the Context of Rio+20 289 Francesco Buonomenna 16 La ville durable comme nouveau modèle de développement - Enjeux et perspectives 303 Jérôme Dubois17 Challenges of Sustainable Development and Productive Use of Biodiversity - The Knowledge Based Bio-Economy Approach 323 Elizabeth Hodson de Jaramillo and Ingrid Schuler 18 Mining and Sustainable Development 334 Leonardus Gerber and Francesco Sindico 19 Nature, Culture and Sustainable Development in International Trade Law 353 Valentina Vadi 20 Brèves observations à propos du droit international et européen des organisms génétiquement modifies du point de vue du développement durable 378 Estelle Brosset Postface Rio+20+2 395 Lucien Chabason Index 403

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Book SynopsisIn China's Public Diplomacy, author Ingrid d'Hooghe contributes to our understanding of what constitutes and shapes a country's public diplomacy, and what factors undermine or contribute to its success. China invests heavily in policies aimed at improving its image, guarding itself against international criticism and advancing its domestic and international agenda. This volume explores how the Chinese government seeks to develop a distinct Chinese approach to public diplomacy, one that suits the country's culture and authoritarian system. Based on in-depth case studies, it provides a thorough analysis of this approach, which is characterized by a long-term vision, a dominant role for the government, an inseparable and complementary domestic dimension, and a high level of interconnectedness with China's overall foreign policy and diplomacy.Table of ContentsIntroduction The Case of China’s Public Diplomacy The Design of the Study: Questions and Assumptions The Selection of Case Studies Overview of the Chapters Chapter 1 How to Understand Public Diplomacy: An Analytical Framework The Concept of Public Diplomacy The Challenges of Public Diplomacy 2.0 Public Diplomacy and Soft Power Public Diplomacy and Propaganda Subsets of Public Diplomacy The Domestic Dimension and the Role of Diasporas The Analytical Framework Dimension I: Actors and Decision-making Dimension II: Public Diplomacy Content Dimension III: Public Diplomacy Instruments The Impact of a Country’s Political System The Impact of Culture on Public Diplomacy Conclusion Chapter 2 Assets and Liabilities for China’s Public Diplomacy The Importance of Culture China’s Authoritarian System Media and Social Media Censorship Human Rights and Tibet The Lack of Cultural Freedom China’s Economic Rise The China Model China’s Environmental Challenges The Copenhagen Summit China’s Foreign Policy and Diplomacy The Concepts of Harmonious World and Chinese Dream China’s Military Rise and Cyber-Security Chinese Tourists Conclusions Chapter 3 The Chinese Debate on Public Diplomacy The Introduction of Soft Power and Public Diplomacy in China The Chinese Understanding of Public Diplomacy Defining Public Diplomacy New Public Diplomacy and Public Diplomacy 2.0 Public Diplomacy and Propaganda Soft Power Cultural and People’s Diplomacy The Domestic Dimension Sources of Soft Power Chinese Culture as a Source of Soft Power The China Model as a Source of Soft Power The Impact of Culture on Public Diplomacy Challenges and Constraints Conclusions Chapter 4 China’s Public Diplomacy System The Growing Diversity of Actors National State Actors The State Council Information Office The Ministry of Foreign Affairs Chinese Embassies and Missions Abroad The Ministry of National Defense and the PLA Other Ministries China’s Leaders The Chinese Communist Party The Chinese People’s Political Consultative Conference Subnational State Actors Non-State Actors People’s Diplomacy Organizations Intellectual Elites and Academic Institutions Volunteers and Celebrities Companies Overseas Chinese Consequences of the Diversification of Actors Public Diplomacy Instruments The Media The New Media Foreign Media Cultural Institutes and Activities Educational Institutes and Activities Confucius Institutes Foreign Aid China’s Public Diplomacy Budget Conclusions Chapter 5 China’s Public Diplomacy Strategies: Asia and Africa China’s Public Diplomacy in Asia South and Southeast Asia Central Asia Northeast Asia: Japan and South Korea China’s Public Diplomacy in Africa Analysis and Conclusions Chapter 6 Proactive Public Diplomacy: Events The Beijing Olympic Games and the Shanghai World Expo The 2008 Beijing Olympic Games Winning the Olympic Bid Olympics’ Public Diplomacy Ceremonies Evaluation of the Event Analysis The 2010 Shanghai World Expo Winning the Expo Bid World Expo Public Diplomacy Evaluation of the Event Lessons Learned Analysis Conclusions Chapter 7 Reactive Public Diplomacy: Crises The SARS Epidemic, Product Scandals, and the Wenchuan Earthquake The 2003 SARS Epidemic The Unfolding of the Crisis Public Diplomacy Actions Analysis Lessons Learned Food and Toy Safety Crises The 2007 Pet Food and Toys’ Scandals The 2008 Contaminated Milk-Powder Scandal Analysis The 2008 Wenchuan Earthquake The Role of the Domestic Media The Role of the PLA Analysis Conclusions Chapter 8 The Reception of China’s Public Diplomacy Measuring the Effect of Public Diplomacy Global Views of China Interpreting Poll Results Conclusions Conclusion The Importance China Attaches to Public Diplomacy The Impact of China’s Authoritarian Political System State-Centeredness Media Control and Censorship Other Impacts The Impact of Chinese Culture on Public Diplomacy A Strategic and Holistic Approach Evolution and Challenges Issues for Future Research

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Book SynopsisThis book considers British influences on the development of international law over 100 years from 1915. This century has been marked by unprecedented developments in international law, not least the setting up of an array of international organisations, including the United Nations and the League of Nations, and international courts and tribunals (including the International Court of Justice and its predecessor the Permanent Court of International Justice, as well as the International Criminal Court). Two world wars, complex transboundary issues and increased globalisation have shown the importance of international law. This volume addresses these developments – domestic, regional and international - and looks at how Britain and British people (broadly defined) have influenced these changes. The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century. The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law. Please also see the following related titles: - The Role of Legal Advisers in International Law - British Contributions to International Law, 1915-2015Table of ContentsAuthors’ Biographies; Introduction; Gauci and McCorquodale From Grotius to Higgins: British Influences on International Law from 1915–2015; Part I: Sources of International Law; Tzanakapoulos The Influence of English Courts on the Development of International Law; Jones Marking Foreign Policy by Justice: The Legal Advisers to the Foreign Office, 1876–1953; Allott Britain and Europe: Managing Revolution; Samuel British Influences on the Ideals of International Lawyers; Part II: International Legal Responsibilities; McCall-Smith British influence on the law of treaties; Clark British Contributions to the concept of recognition during the inter-war period: Williams, Baty and Lauterpacht; Webb British Contribution to the Law of State Immunity; Anderson British Influence on the Law of the Sea 1915–2015; Prost and Otomo British influences on international environmental law: the case of wildlife conservation; Part III: International Human Rights Law; Amos The Influence of British Courts on the Jurisprudence of the European Court of Human Rights; Rodley The Contribution of British NGOs to the Development of International Law; Higgins and Adanan Britain’s Influence on the Regulation of the Slave Trade in the Twentieth Century; Part IV: War, Armed Conflict and International Criminal Law; Tsagourias Contribution of British International Lawyers to the Law on the Use of Force; Garrod The British Influence on the development of the laws of war and the punishment of war criminals: from the Grotius Society to the United Nations War Crimes Commission; MusaThe British and the Nuremburg Trials; Upcher Neutral and Beligerent Rights: the development of a British Position?; Brennan Historical Reflections on the Criminalisation of Terrorism under International Law from the League of Nations to R v. Mohammed Gul: How Britain has Swollen the Tide of Obscurity; Part V: Individuals; Collins The Progressive Conception of International Law: Brierly and Lauterpacht in the Interbellum Period; Cryer International Law and the Illusion of Novelty: Georg Schwarzenberger; Simpson Juridical Intervention: Martin Wight as International Lawyer; Sands and Sarvarian The Contribution of the UK Bar to International Courts; Index

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Book SynopsisCitizen Participation in Multi-level Democracies offers an overview of new forms of participatory democracy in federally and regionally organised multi-level states. Its four sections focus on the conceptual foundations of participation, the implementation and instruments of democracy, examples from federal and regional States, and the emergence of participation on the European level. There is today a growing disaffection amongst the citizens of many states towards the traditional models of representative democracy. This book highlights the various functional and structural problems with which contemporary democracies are confronted and which lie at the root of their peoples’ discontent. Within multi-level systems in particular, the fragmentation of state authority generates feelings of powerlessness among citizens. In this context, citizens’ participation can in many cases be a useful complement to the representative and direct forms of democracy.Table of ContentsPreface; Citizen Participation in Multi-Level Democracies – an Introduction Karl-Peter Sommermann; PART ONE – Conceptual Foundation Chapter I. Federalism and Democracy – Compatible or at Odds with One Another? Re-examining a Tense Relationship Arthur Benz and Jared Sonnicksen; Chapter II. Participation, Federalism and Pluralism: Challenges to Decision-making and Responses by Constitutionalism Francesco Palermo; Chapter III. Federalism, People’s Legislation and Associative Democracy Sabine Kropp; Chapter IV. Forms of Democratic Participation in Multi-Level-Systems Anna Gamper; PART TWO – Concretisation and Instruments of Democracy Chapter V. Direct and Representative Democracy: The Perspective of German Citizens Oscar W. Gabriel; Chapter VI. Perspectives on the Institutionalization of Citizen Participation at the Municipal Level: a First-Hand Report Helmut Klages; Chapter VII. E-Participation in Germany – New forms of Citizen Involvement between Vision and Reality Mario Martini and Saskia Fritzsche; Chapter VIII. Financing Popular Initiatives and Referendum Campaigns Nadja Braun Binder; Chapter IX. Participation and Administrative Procedure Jutta Stender-Vorwachs; Chapter X. “Liquid Democracy”: Solution or Problem? Margrit Seckelmann; PART THREE – Examples from Federal and Regional States Chapter XI. Participatory democracy in Multi-level States Umberto Allegretti; Chapter XII. Direct Democracy and Citizen Participation in the Austrian Federal State Peter Bußjäger; Chapter XIII. Italian Regionalism: Participation and Plebiscitary Models Cristina Fraenkel-Haeberle; Chapter XIV. Direct Democracy in the Swiss Federation Zoltán Tibor Pállinger; Chapter XV. The Referendum in the United Kingdom: Instrument for Greater Constitutional Legitimacy, Tool of Political Convenience or First Step to Revitalize Democracy? Sara Parolari and Jens Woelk; PART FOUR – Emergence of Participation in European Affairs Chapter XVII. Towards the Europeanization of Participation? Reflecting on the Functions and Beneficiaries of Participation in EU Environmental Law Birgit Peters; Chapter XVIII. Participation in EU Governance: A “Multi-Level” Perspective and a “Multifold” Approach Delia Ferri; Editors; Authors; Index.

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Book SynopsisWhat is sensible when it comes to developing and implementing a policy with regard to products which in the case of regular use are harmful, but which at the same time exert a strong attraction, even so strong that people (may) become dependent on or addicted to them? This question relates to many illicit drugs, but these days it is, both nationally and internationally, mainly related to the policy regarding the production, distribution and consumption of cannabis. Generally speaking, the legalization of cannabis in Uruguay and in some states of the United States of America, in particular Colorado and Washington State, has given a powerful impetus to the discussion about the cannabis policy. In the Netherlands, that discussion has become increasingly relevant over the past years because of the struggle of coffeeshop owners and political parties. This volume offers the first English-language analysis of the situation in the Netherlands in order to make a contribution to the international debate on this heated topic. Since the 1960s, the Dutch cannabis policy has been an important point of reference in the international discussion about the policy that should be pursued regarding the use of cannabis. However, in international and foreign literature about cannabis policy the developments in the Netherlands are often depicted in an incomplete or one-sided manner, which has a negative impact on the quality of the international debate about what has happened and what should happen now. This volume seeks to redress that imbalance.Table of ContentsExcerpt of table of contents: 1. General introduction: a way out of the deadlock 1.1. The subject of this discourse 1.2. A framework of basic concepts 1.3. The structure of this book 2. The United Nations and cannabis policy 2.1. Introduction 2.2. The Conventions of 1912, 1925, 1931 and 1936 2.3. The Conventions of 1961 and 1968 2.4. The current debate within the United Nations 2.5.Conclusion 3. Cannabis policy in the Americas 3.1. Introduction 3.2. The Prohibition Era in the United States, 1919-1933 3.3. The American legalization debate in the 1980s 3.4. The legalization of cannabis in the Americas 3.5. Conclusion 4. Cannabis policy in the European Union 4.1. Introduction 4.2. The origin of the pursued policy 4.3. The Schengen Agreement and drug policy 4.4. The present drug policy of the European Union 4.5. Policy developments in the member states 4.6. Conclusion 5. The Dutch cannabis policy 5.1. Introduction 5.2. The naive starting point in the 1970s and 1980s 5.3. The approbation of the Treaty against the smuggling of drugs 5.4. The reconsideration of the policy in 1996 and 2004 5.5. The development, organization and functioning of the illicit cannabis cultivation 5.6. The cannabis problem and the problem of the coffeeshops 5.7. The tolerated sale and use of cannabis around 2010 5.8. The proposals of the Van de Donk Commission 5.9. Conclusion 6. General conclusion: towards a Third Way 6.1. The reformulation of the question 6.2. A preliminary matter: the reconsideration of the drug treaties 6.3. The regulation of alcohol and tobacco: a good example? 6.4. The legalization of cannabis in the European Union: the American way? 6.5. The regulation of cannabis in the European Union: a proposal for discussion Bibliography; Index.

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Book SynopsisThe recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.Table of ContentsContributors; Foreword - Manuel de Almeida Ribeiro; I: The Growing Role of International Courts and Jurisdictions: The Permanent Court of International Justice, the International Court Of Justice, and Beyond 1. Introduction - Rui de Moura Ramos; 2. From Absence to Abundance: Tracing the Development and Impact of International Courts - Miguel de Serpa Soares ; 3. The Cases where the International Court of Justice lacked Jurisdiction: a Brief Analysis and Commentary - Rita Teixeira & Ricardo Bastos; 4. Energy at Sea and the Jurisprudence of the International Court of Justice - Dimitra Papageorgiou & Eva Tzavala; II: International Inspection and Control Mechanisms 5. An Overview of the International Inspection and Control Mechanisms - Fernando Loureiro Bastos; 6. The UEFA Financial Control Body - José Cunha Rodrigues; III: European and Other Regional Courts of Human Rights 7. Introduction - Ireneu Cabral Barreto; 8. The European Court of Human Rights as the European Constitutional Court - Paulo Pinto de Albuquerque; 9. The African Court on Human and People's Rights and its Position in the International and African Architectures - José Pina Delgado; 10. Cultural Rights and a Right to Cultural Identity before the European Court of Human Rights: Present Approaches and Future Challenges - Laura-Maria Craciunean; 11. The Influence of Inter-American Human Rights Law on the Jurisprudence of the Brazilian Supreme Federal Court - Adriana Ramos Costa & Eleonora Mesquita Ceia; 12. Comparing and Discussing the Different Approaches to Remedies for Child Victims before the European Court of Human Rights and the Inter-American Court of Human Rights - Francesca Capone; 13. International Criminal Court and Human Rights: Achievements and Challenges - Ondřej Svaček; 14. The Reception of the Inter-American Human Rights System in Brazil in Light of Penal Action no. 470 - Alex Ian Psarski Cabral, Cristiane Helena de Paula Lima Cabral & Mário Lúcio Quintão Soares; IV: Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID 15. Investor-state Dispute Settlement in the European Perspective: Recent Developments - Dário Moura Vicente; 16. Dispute Resolution under the Energy Charter Treaty - Alejandro Carballo; 17. Understanding the interaction between the WTO regime and international investment regime: reversing the approach - Ozge Varis; 18. Legal Certainty During EU Accession: What Can a Foreign Investor in a Future Member State Legitimately Expect? - Sadie Blanchard; 19. Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID. A Dual Coverage in the Services Sector - Carmen Alexandra Saugar Koster; 20. The WTO Dispute Settlement System and Renewable Energy Subsidies: The Case of Feed-In Tariffs - Paolo Davide Farah & Elena Cima; 21. Evidence and the Principle of Good Faith in Investment Arbitration: Finding Meaning in Public International Law - Emily Sipiorski; 22. Challenges of “investor-state dispute settlement mechanism” in TTIP - Jerzy Menkes & Magdalena Słok-Wódkowska; V: International Commercial Arbitration 23. The Confluence of Transnational Rules and National Directives as the Legal Framework of Transnational Arbitration - Luís de Lima Pinheiro; 24. The Challenges of Taking Evidence in International Commercial Arbitration – the Problem of Legal Privileges - Tatjana Shterjova; VI: The Court of Justice of the European Union 25. Introduction - Fausto de Quadros; 26. The Court of Justice of the European Union - Maria José Rangel de Mesquita; 27. Infringement Procedure and the Court of Justice as an EU law’s Assurer: Member States’ Infringements Concerning Failure to Transpose Directives and the Principle of an Effective Judicial Protection - Joana Covelo de Abreu; 28. The United Nations Sanctions Regimes and a Judicialized European Union Perspective - Mateus Kowalski & Sofia Machado; VII: Domestic Courts as International Jurisdictions? 29. Introduction - Catherine Kessedjian; 30. Limits on Jurisdiction of Domestic Courts to Grant Civil Damages for International Law Violations - Peter Trooboff; 31. Corporate Group Structures and the Limits of Personal Jurisdiction. US/European comparative remarks - Rui Pereira Dias; 32. Towards Judicial Accountability in the Business & Human Rights Field? - Humberto Cantú-Rivera; VIII: Postscript 33. The Judicial and Constitutional Challenges of Legal Globalisation - Miguel Poiares Maduro; Index.

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Book SynopsisThe Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues on Cross-Straits relations, Hong Kong, South China Sea disputes, and Japanese cases relating to war compensation. It provides a detailed account of the 2013 Guang Da Xing No. 28 incident and Taiwan’s participation in the International Civil Aviation Organization and free trade agreements with New Zealand and Singapore.Table of ContentsPREFACE Ying-jeou Ma ARTICLES Roda Mushkat, The Intricacies of Implementing International Law: A Juxtaposition of Theories with the Actualities of the Sino-British Declaration Regarding the Future of Hong Kong Erik Franckx & Marco Benatar, The “Duty” to Co-Operate for States Bordering Enclosed or Semi-Enclosed Seas Irena Ilieva, Countering Terrorism and Protecting Human Rights: An Asian International Legal Dimension Björn Ahl, Treaty Making by the Chinese Central Government and the Special Administrative Region of Hong Kong Jure Vidmar, States, Governments, and Collective Recognition Tomoko Yamashita, Do Jus Cogens Norms Invalidate State Immunity? International Restorative Justice and Japanese War Compensation Cases SPECIAL REPORT Michael Sheng-ti Gau, The Prospects for the Sino-Philippine Arbitration on the South China Sea (U-Shaped Line) Dispute CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS OF THE REPUBLIC OF CHINA (TAIWAN) RELATING TO INTERNATIONAL LAW, 2013 Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law Explanatory Note I. INTERNATIONAL LAW IN GENERAL Foreign Policy Report, 8th Congress of the Legislative Yuan, 3rd Session (March 18, 2013) Foreign Policy Report, 8th Congress of the Legislative Yuan, 4th Session (September 25, 2013) President Ma Ying-jeou’s National Day Address II. SUBJECTS OF INTERNATIONAL LAW III. INTERNATIONAL ORGANIZATIONS General Republic of China (Taiwan) and Intergovernmental Organizations Republic of China (Taiwan) and International Non-Intergovernmental Organizations International Civil Aviation Organization ICAO Invites the Republic of China (Taiwan) to Attend the 38th Session of the ICAO Assembly Letter from the Director-General of the Civil Aeronautics Administration (CAA) to the President of the Council of the International Civil Aviation Organization (ICAO) IV. INDIVIDUALS President Ma Welcomes International Experts to Taiwan to Review the ROC’s First National Human Rights Report Supreme Administrative Court Judgment (July 18, 2013) 102-Pan-Zi No. 453 Environmental Impact Assessment, International Covenant on Civil and Political Rights, Legal Interest, Rights to Adequate Living Standards Police Agency, Ministry of the Interior (October 7, 2013) Jing-Shu-Bao- Zi-10201518811 Freedom of Assembly, International Covenant on Civil and Political Rights, Principle of Proportionality Supreme Court Judgment (October 21, 2013) 102-Tai-Shang-Zi-4289 Death Penalty, International Covenant on Civil and Political Rights, Mental or Intellectual Disabilities V. TERRITORY AND TERRITORIAL JURISDICTION The Republic of China (Taiwan) Protests Vietnam Law Claiming South China Sea Islands President Ma Attends 2013 (5th) International Conference on Diaoyutai Islands Issue The Republic of China (Taiwan) Protests the Philippines’ Dispatch of Naval Vessels to Renai Shoal MOFA’s Position Paper on the Diaoyutai Islands and the East China Sea Peace Initiative VI. STATE RESPONSIBILITY VII. THE LAW OF THE SEA, ENVIRONMENT, HEALTH, AND AVIATION Republic of China (Taiwan) Signs Fisheries Agreement with Japan ROC Statement on Beijing’s Announcement of the East China Sea Air Defense Identification Zone National Security Council of the ROC Responds to Beijing’s Announcement of East China Sea Air Defense Identification Zone Executive Yuan Reaffirms ROC Stance on Mainland China’s Announcement of ADIZ Guang Da Xing No. 28 Incident (May 9, 2013) President Ma Holds National Security Council Meeting, Issues Demands Regarding Incident Involving Guang Da Xing No. 28 Fishing Vessel MAC Position on Mainland China’s Concern over Fatal Shooting of Taiwanese Fisherman by the Philippines Official Statement of the Republic of China (Taiwan) on the Intentional Shooting Conducted by the Philippine Law Enforcement Vessel Against the Guang Da Xsin 28 The ROC Government Takes a Pragmatic Approach toward Taiwan-Philippines Cooperation in the Investigation of the Guang Da Xing No. 28 Incident Philippines Violated International Law in the Guang Da Xing No. 28 Incident MOFA’s Announcement regarding the Restoration of Cooperative and Friendly Relations between the ROC and the Philippines VIII. THE LAW OF TREATIES IX. DIPLOMATIC, CONSULAR, AND SIMILAR RELATIONS Statement by the Republic of China on Its Relations with the Republic of The Gambia The Government of the Republic of China Terminates Diplomatic Relations with the Republic of The Gambia to Uphold National Dignity and Principles of Viable Diplomacy X. PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES East China Sea Peace Initiative Viable Model for Regional Peace East China Sea Peace Initiative and the Use of Dialogue to Resolve Disputes MOFA’s Position on the Republic of Korea’s Announcement of Its Air Defense Identification Zone President Ma Attends Academic Conference on Contemporary International and Transnational Law XI. ARMS CONTROL, USE OF FORCE, AND INTERNATIONAL CRIMINAL LAW ROC’s Condemnation of North Korea’s Provocative Nuclear Test ROC Government Concerned about Use of Chemical Weapons in the Syrian Civil War XII. INTERNATIONAL ECONOMIC RELATIONS Supreme Court Decision (January 30, 2013) 102-Tai-Shang-Zi-193 Bankruptcy Order, Hong Kong, Territorialism, Universalism Intellectual Property Office, Ministry of Economic Affairs (June 21, 2013) Ref. No.: Tian-Tzu-Yu-Chien-Zi-1020621b Copyright Notice, Principle of Protection upon Creation Republic of China Signs Economic Cooperation Agreement with New Zealand The Republic of China (Taiwan) and the Republic of Singapore Sign an Economic Partnership Agreement Taiwan-New Zealand Economic Cooperation Agreement to Formally Enter into Force December 1, 2013 XIII. PRIVATE INTERNATIONAL LAW Supreme Court Decision (July 18, 2013) 102-Tai-Shan-Zi-1367 Civil Procedure, Mutual Recognition, Singapore XIV. OTHERS Supreme Administrative Court Judgment (March 28, 2013) 102-Pan-Zi No. 137 Peking University, Regulations Governing the Accreditation of Schools in Mainland China President Ma Attends the Opening Ceremony of the 2013 ILA-ASIL Asia-Pacific Research Forum President Ma Attends International Conference on 70th Anniversary of Cairo Declaration Cross-Strait Relations President Ma Attends Reception to Mark 20th Anniversary of Koo-Wang Talks MAC’s Statement on Establishing Reciprocal Institutions between the Straits Exchange Foundation (SEF) and the Association for Relations Across the Taiwan Straits (ARATS) Conclusion of the Ninth Round of Cross-Strait High-Level Talks President Ma’s Remarks on Benefits of the Cross-Strait Trade in Services Agreement Realization of “Mutual Non-Denial” and the Normalization of Cross-Strait Official Interactions TREATIES/AGREEMENTS AND OFFICIAL, SEMI-OFFICIAL OR UNOFFICIAL AGREEMENTS CONCLUDED BY THE REPUBLIC OF CHINA (TAIWAN) WITH OTHER COUNTRIES IN 2013 Compiled by Chun-i Chen, Pasha L. Hsieh, and Pei-Lun Tsai Chronological List Selected Texts Japan Fisheries Agreement between the Association of East Asian Relations and the Interchange Association, Japan New Zealand Agreement between the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu and New Zealand on Economic Cooperation Singapore Agreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Partnership United States Agreement on Privileges, Exemptions and Immunities between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States TABLE OF CASES INDEX GUIDELINES FOR SUBMISSIONS TO THE CHINESE (TAIWAN) YEARBOOK OF INTERNATIONAL LAW AND AFFAIRS

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Book SynopsisChina and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives – doctrinal, comparative, empirical, economic, and legal – on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.Table of ContentsNotes on Contributors 1 Introduction Qiao Liu and Xiang Ren Part I General Issues in International Commercial Arbitration 2 Specific Performance in International Arbitration Ewan McKendrick and Iain Maxwell 2.1 The meaning of ‘specific performance’ 2.2 Common law and civil law 2.3 Specific performance in an arbitral context 2.4 Xiamen Xinjingdi Group Ltd v Eton Properties Ltd 3 EU Law in Chinese International Commercial Arbitration Jürgen Basedow 3.1 Arbitration in the Law of the European Union 3.2 Arbitral Proceedings and State Courts in the European Union 3.3 EU Law and the Merits of International Arbitration Proceedings 3.4 Arbitration Panels and the European Court of Justice 3.5 Conclusion 4 Using Soft Law in International Commercial Contract Arbitration Larry A. DiMatteo 4.1 Introduction 4.2 Soft Law and International Commercial Arbitration 4.3 Normative Power of Soft Law 4.4 Types of Soft Law 4.5 Interpretive Methodologies 4.6 Soft Law Trumps Hard Law: Private Customary International Law 4.7 Hard and Soft Law in International Commercial Disputes 4.8 Conclusion 5 Independence and Impartiality of Arbitrators: A Comparative Perspective Carlos Matheus López 5.1 Factors in Selection of Arbitrators 5.2 Background 5.3 Independence and Impartiality 5.4 Duty of Disclosure 5.5 Efforts to Systematize and Limits 5.6 Practical Analysis Factors 5.7 Means to Ensure Arbitrator Independence and Impartiality 5.8 Practical Steps to Select a Party-nominated Arbitrator 5.9 Pre-appointment Interview 5.10 Some Criteria to Challenge an Arbitrator Part II Specific Issues in International Commercial Arbitration 6 China and Foreign Direct Investment: Looking Ahead Leon Trakman 6.1 Introduction 6.2 Investment Claims and China 6.3 ISA Claims by Chinese Investors Abroad 6.4 ISA Claims Brought Against China 6.5 Chinese Arbitrators 6.6 Withdrawing From ISA? 6.7 A “China-made” Investment Jurisprudence? 6.8 China’s Distinctive History of “Liberalization” 6.9 China’s “Liberalization” of its BITs 6.10 The History of Chinese BITS 6.11 Modelling China’s Model BIT 6.12 “Alternative” Dispute Resolution 6.13 Conclusion 7 Arbitrability of Company Law Disputes Andrew Johnston 7.1 Introduction 7.2 Arbitration under the statutory contract 7.3 Under shareholder agreements 7.4 Actions by the company against its directors 7.5 Derivative action by minority shareholder against directors 7.6 Unfair prejudice applications 7.7 Conclusion 8 Rules of Evidence in CIETAC International Arbitration Song Lu 8.1 Introduction 8.2 General Approaches towards Disclosure and Investigation of facts 8.3 PRC Civil Procedure Law 8.4 Current PRC Statute on Rules of Evidence in Arbitration 8.5 Rules of Evidence Agreed by the Parties 8.6 Rules of Evidence for China – CIETAC Evidence Guidelines 8.7 Conclusion Part III Issues in International Commercial Law and Non-Arbitration Dispute Resolution 9 A Critique of the European Contract Code ‘Project’ Roger Halson 9.1 Introduction 9.2 The General Background to Codification 9.3 Process and the creation of the CESL 9.4 Further outline of the CESL including available remedies 9.5 Key Arguments for Reform 9.6 Further Critique 9.7 Conclusion 10 CISG in Chinese Courts: The First Look Qiao Liu and Xiang Ren 10.1 Introduction 10.2 Applicability of CISG in Chinese Courts 10.3 The Survey 10.4 Conclusion 11 State-owned Enterprises in the WTO Law: An Analysis of United States–Definitive Anti-dumping and Countervailing Duties on Certain Products from China Ming Du 11.1 Introduction 11.2 State-owned Enterprises in the Law of World Trade Organization 11.3 The US- Antidumping and Countervailing Duties Case 11.4 Conclusion 12 Judicial Mediation: A Behavioural Law and Economics Perspective Qi Zhou 12.1 Introduction 12.2 Mediation and Judicial Mediation 12.3 Judicial Mediation As Solutions 12.4 Evaluating the Role of Judicial Mediation 12.5 Evaluating the Efficiency of Judicial Mediation 12.6 Conclusion INDEX

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Book SynopsisIn Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.Table of ContentsNotes on Contributors Introduction Christine Godt: Introduction - Property in Transformation Part 1 Challenges to Property Theory 1. Christine Godt: “Regulatory Property Rights” - A Challenge to Property Theory 2. Margherita Colangelo: Control of Global Business Transactions via Property? A Multi-disciplinary Approach Part 2 Internationalisation 3. Sjef van Erp: Lex rei sitae: The Territorial Side of Classical Property Law 4. Jean-Michel Jude: The Major Innovations of the New European Regulation 2015/848 of 20 May 2015 on Insolvency Proceedings 5. Leon Verstappen: Multilevel Governance of Property Titles in Land: The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security Part 3 The Paradigm of Individuality 6. Alison Clarke/Rosalind Malcom: The Role of Property in Water Regulation: Locating Communal and Regulatory Property Rights on the Property Rights Spectrum 7. Hanri Mostert/Cheri-Leigh Young: Natural Resources as “Regulated Property”: The Challenges of Resource Stewardship in South Africa 8. Colin T. Reid: Employing Property Rights for Nature Conservation Part 4 Financialisation & Dematerilisation 9. Rüdiger Wilhelmi: Commodification and Financialization in the Energy Sector: Emission Allowances and Electricity 10. Christine Godt/Jonas Simon: In Rem Effects of Non-Exclusive Sub-licences in Insolvency 11. Viola Heutger: Derivatives in Maritime Freight: Novel Property Rights with Prospects and Pitfalls 12. Hans-W. Micklitz: Epilogue - Regulatory Property Rights and Regulatory Private Law Index

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Book SynopsisThe law and policy for the Arctic are increasingly of international interest, largely due to the melting of the Arctic ice cap. Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries includes contributions from global specialists dealing with the geomorphologic context, maritime delimitation and specialized topics raised by promising oil and gas prospects, particularly in the extensive continental shelf presented by Russia to the Commission on the Limits of the Continental Shelf. Arctic shipping has entered a novel, untested phase with keen interest in the opening of ice free shipping lanes and proposed regulatory regimes. Fish in the North Atlantic are moving north disrupting historic fishing patterns as well as traditional fish stocks. Agreements on the allocation of shared fish stocks pose significant management challenges. Both littoral and non-littoral user nations are concerned with maritime security as well as search and rescue preparations given the anticipated increased use of the Arctic Ocean. These and many other of the most pressing issues are addressed in this important volume, making it a must-read for all those interested in environmental law and the law of the sea.Table of ContentsSetting the Context 1. Notes on Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries Liv Holmefjord 2. The Arctic and the Present Geopolitical Situation Hans Corell Part I Arctic Continental Shelf 3. The Arctic Continental Shelf and Its Evolving Morphologic Context Larry Mayer 4. The Law and Politics of the Lomonosov Ridge Michael Byers 5. The Delimitation of the Continental Shelf Beyond 200 Nautical Miles in the Arctic Ocean: Recent Developments, Applicable Law and Possible Outcomes Alex G. Oude Elferink 6. Probabilistic Risk Assessment: Concepts and Applications Dennis Bley Part II Arctic Continental Shelf Petroleum 7. Russia’s Energy Policy in the Arctic Region and China’s Opportunities Kuen-chen Fu 8. A Sustainable Approach to the Arctic Erik Haaland 9. Environmental Aspects of Hydrocarbon Exploration in the Arctic Stephen A. Macko Part III Arctic Shipping 10. Arctic Shipping - Still Icy Knut Einar Skodvin 11. Necessary Conditions for the Commercialization of Arctic Shipping Sung Woo LEE 12. Arctic Navigation: Recent Developments J. Ashley Roach 13. Comparison of Arctic Navigation Administration between Russia and Canada Leilei ZOU Part IV Other Arctic Related Topics 14. Finding Refuge in the Exceptional: Using Public Morality as a Basis for Managing Natural Resources in the Arctic Elizabeth Whitsitt 15. The Changing Arctic and an Adaptive Approach to the Protection of Arctic Marine Ecosystems Guifang (Julia) XUE and Yu LONG 16. Arctic Governance: Reflections on the Evolving Tableau of EU Law and Policy Measures Ronán Long 17. A Note on Arctic Ocean Regional Governance Ted L. McDorman Part V Changing Fisheries: Northeast Atlantic and Arctic Ocean 18. Changes in Distribution and Migration of Fish Stocks in the Northeast Atlantic Ocean Due to Climate Variations Jóhann Sigurjónsson 19. International Regulation of Central Arctic Ocean Fisheries Erik J. Molenaar 20. Assertion of Entitlement to Shared Fish Stocks Bjørn Kunoy Part VI Regional Fisheries Management: Agreements on Allocation of Shared Fish Stocks 21. Freedom of Fishing on the High Seas, and the Relevance of Regional Fisheries Management Organisations (RFMOs) Stefán Ásmundsson 22. Allocation of Fishing Rights: Principles and Alternative Procedures Tore Henriksen 23. Managing Shared Migratory Stocks: the Case of the Atlantic Mackerel Rögnvaldur Hannesson Part VI I Related Law of the Sea Issues 24. UNCLOS Dispute Settlement Regime and Arctic Legal Issues Robert Beckman 25. Russian Maritime Security Law along the Northern Sea Route: Giving Shape to Article 234 in the Law of the Sea Convention James Kraska 26. Comments on the Three-stage Approach of Maritime Delimitation Chuanxiang SUN

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Book SynopsisThe Republic of Korea was colonialized in the early 20th century, achieved its independence, and rose from the ashes of the Korean War to become an Asian power. Korea’s ascent coincides neatly with the advent of globalization and growing importance of international law in managing the increasing interactions between states and other non-state entities such as multinational corporations, non-governmental organizations, and international organizations like the United Nations. The Making of International Law in Korea addresses the developments of international law in Korea from human rights concerns to law of the sea issues; from maritime delimitation and access to ocean resources to other non-security matters. Offered as a textbook for academics and students, the authors demonstrate the increasingly important role of international law in shaping international relations in Northeast Asia and Korea.Trade Review"The book will be of great use and interest to students, researchers, and practitioners in East Asian diplomacy, public international law, international relations, and decision-makers in need of a better understanding of the settlement of international disputes in East Asia, in particular among Korea, Japan, and China, and indeed the wider world." -Youngmin Seo, Ministry of Foreign Affairs, KoreaTable of ContentsAcknowledgments Preface Chapter I: Korea’s Encounter with the Modern International Legal System I. Introduction 1.1. International Order of East Asia in the Era of International Law: Acceptance and the Status of Korea in International Law 1.2 Status of International Law in the Domestic Legal System of Korea 1.3 Treaty Making in Korea II. Conceptions of International Law 2.1 Positivism in International Law III. Historical Context of International Relations in Northeast Asia 3.1 Brief Historical Context of International Relations in Northeast Asia IV. Introduction of Western International Law 4.1 Introduction of Western International Law into East Asia Judicial Decisions A. Treaties and International Agreements (1) Direct Application of Treaties Constitutional Court [97 Heon-ba 65] Decision issued November 26, 1998. (2) Self-Executing Treaties Supreme Court [96 Da 55877] Judgment issued March 26, 1999. (3) Effect of Treaties as Domestic Law a. Constitutional Court [99 Heon-ma 139, 143, 156, 160 Consolidated] Decision issued March 21, 2001. b. Constitutional Court [2002 Heon-ma 611] Decision issued April 24, 2003. c. Constitutional Court [2000 Heon-ba 20] Decision issued September 27, 2001. (4) Precedence in the Application of Treaties as Lex Specialis Supreme Court [82 Da-ka 1372] Judgment issued July 22, 1986. (5) Harmonious Interpretation of Domestic and International Law Constitutional Court [2004 Heon-ba 47] Decision issued April 24, 2008. (6) Whether Agreed Minutes is a Treaty Constitutional Court [99 Heon-ma 139, 142, 156, 160 Consolidated] Decision issued March 21, 2001. (7) Legal Nature of the Joint Statement of ROK-US Ministers of Foreign Affairs Constitutional Court [2006 Heon-ra 4] Decision issued March 27, 2008. B. International Customary Law (1) Application of International Customary Law Supreme Court [97 Da 39216] Judgment issued December 17, 1998. Chapter II: The Legacy and Impact of Japanese Colonialism I. Introduction II. Annexation by Japan 2.1 The Legality of the 1910 Annexation of Korea by Japan III. San Francisco Peace Treaty 3.1 The 1951 San Francisco Peace Treaty and Its Relevance to the Sovereignty over Dokdo 3.2 The San Francisco Peace Treaty with Japan of 1951 and Territorial Disputes in East Asia IV. Colonial Claims against Japan A. 1965 Korea-Japan Claims Settlement Agreement 4.1 The 1965 “Korea-Japan Claims Settlement Agreement” and Individuals’ Claims Rights B. Comfort Women and Forced Labor 4.2 Historical Issues between Korea and Japan and Judicial Activism: Focus on the Recent Decisions of the Korean Constitutional Court concerning Comfort Women and the Supreme Court Decision on Japanese Forced Labor 4.3 Historical Issues between Korea and Japan and Judicial Activism: Focus on the Recent Supreme Court Decision on Forced Labor C. Dokdo 4.4 The San Francisco Peace Treaty, International Law on Territorial Disputes, and Historical Criticism Judicial Decisions A. Forced Labor Cases (1) Mitsubishi Heavy Industries (2009 Da 22549 Verdict, issued May 24, 2012 [Supreme Ct.]). (2) New Nippon Steel Corporation (2009 Da 68620 Verdict, issued May 24, 2012 [Supreme Ct.]). B. Comfort Women Case (1) Constitutionality of Nonfeasance under Article 3 of the Agreement between the Republic of Korea and Japan Concerning the Settlement of Problems in Regard to Property and Claims and Economic Cooperation (2006 Heonma 788 Decision, issued August 30, 2011 [Const. Ct.]. Chapter III: International Legal Issues Arising from a Divided Nation I. Introduction II. Maritime Border 2.1 The Maritime Boundaries of North Korea in the Yellow Sea III. Maritime Conflicts 3.1 Lethal Maritime Conflicts between North and South Korea: Any Role for International Law? 3.2 The Cheonan Incident: A Perspective from International Law and Politics IV. Law of the Sea 4.1 North Korea and the Law of the Sea V. Safety of Navigation 5.1 Korea and the Safety of Navigation: Uncertainty Derived from Undefined Fences Judicial Decisions (1) Is the UN membership of ROK and DPRK a Mutual, Tacit Consent? Constitutional Court [95 Heon-ga 2] Decision issued October 4, 1996. (2) Legal Nature of the Inter-Korean Basic Agreement Constitutional Court [89 Heon-ma 240] Decision issued January 16, 1997. (3) Territorial Clause of the Constitution and the Status of North Korea Supreme Court [90 Do 1451] Judgment issued September 25, 1990 (4) Status of North Korea’s Military Government Military Supreme Court [4281 Heong-sang 10] Judgment issued March 24, 1948. Chapter IV: The Development of the Law of the Sea in Korea I. Introduction II. Fisheries 2.1 Korean Response to Changes of the International Legal Framework for Fisheries in the Northeast Asian Seas 2.2 Fisheries in the East China Sea and the Issue of Law Enforcement in the EEZ: Korean Perspective 2.3 The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels III. Maritime Security and Safety 3.1 Korea’s Maritime Challenges and Priorities 3.2 The Legal Framework of Maritime Security in East Asia: A Comparative View IV. Maritime Cooperation 4.1 Protection of the Sea Lanes in the Jeju Waters and Maritime Cooperation in Northeast Asia V. Maritime Boundaries 5.1 Intertemporal Law, Recent Judgments, and Territorial Disputes in Asia 5.2 Territorial Disputes and Delimitation Issues between Korea and Its Neighbors 5.3 Maritime Delimitation and Joint Resource Development in the East China Sea VI. Piracy 6.1 Korea’s Maritime Challenges and Priorities – Piracy and Armed Robbery Against Ships 6.2 Republic of Korea v. Araye Judicial Decisions (1) Judgment on the New Fisheries Agreement between Korea and Japan Constitutional Court [99 Heon-ma 139, 142, 156, 160 Consolidated] Decision issued Mar. 21, 2001. (2) Case concerning Piracy Republic of Korea v. Araye (2011 Do 12927 Verdict, issued December 22, 2011 [Supreme Ct.]). Chapter V: Other International Legal Issues Affecting Korea I. Migration 1.1 Korean-Chinese, Migrant Workers, Marriage Immigrant Women, and the Refugee Act II. Border between North Korea and China 2.1 Implications of the Border Regime between North Korea and China III. Gando 3.1 Analysis of Korea’s Claim of Sovereignty over Gando (Jiandao) Area in China under International Law Index

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Book SynopsisHow successful, and by what measure, has the accession of the 10 Member States in 2004 been? Reviewing European Union Accession addresses a wide range of issues, deliberately without any thematic constraints, in order to explore EU enlargement from a variety of perspectives, both scientific and geographical, internal and external. In contrast to the major works in this field, we highlight the interrelated, and often unexpected, nature of the integration process – hence the subtitle, unexpected results, spillover effects and externalities.Table of ContentsList of Illustrations Notes on Contributors Introduction: Reviewing 2014, Welcoming 2017, and Envisioning 2020  Tom Hashimoto and Michael Rhimes Part 1: Law – Developing Norms 1 Towards Adverse Spillover Effect? The Judicialization of the EU and the Changing Nature of Judicial Governance after Enlargement  Mariusz Jerzy Golecki 2 Europeanization of the Hungarian Legal Order: From Convergence to Cancellation?  Tamas Dezso Ziegler and Balázs Horváthy 3 The Use of Referendum in Central and Eastern Europe after EU Accession  Sergiu Gherghina 4 Special Economic Zones in Poland: A Black Hole Swallowing State Budget or a Messiah for Regional Development?  Hiroshi Kaneko Part 2: Politics – Skepticism 5 (Dis)Trusting the European Union? On the Evolving Variety of Euroskepticism in Central and Eastern Europe  Boyka Stefanova 6 Václav Klaus as a Driver of Czech Euroskepticism  Vratislav Havlík and Ondřej Mocek 7 Poland and the Re-categorization of the Eurozone Entry: From a Legal Obligation to a Political Issue  Anna Visvizi and Paweł Tokarski Part 3: Society – Education and Values 8 Emerging European Geographies: The Erasmus Program and Its Effect on the East–west Divide in Time of Economic Crisis  Amelia Hadfield and Robert Summerby-Murray 9 Slovenian Soft Power Capabilities in the European Context: Missed Opportunities of Cultural Diplomacy and Erasmus Student Exchange Program  Ana Bojinović Fenko and Jure Požgan 10 The Harmonization of Laws on Same-Sex Unions in Post-Communist Post-Accession Countries  Alar Kilp Part 4: EU Policy – From Within to Without 11 Poland and the Common Security and Defense Policy: Potential Leader 207?  Laura Chappell 12 Prague on a Mission: Emphasizing Democracy Promotion within EU Foreign Policy  Marek Neuman 13 The Forgotten Chapter? Post-accession Development Policy of Central and Eastern Europe  Simon Lightfoot and Balázs Szent-Iványi 14 Slovak Parliament’s Involvement in the EU Agenda: Kosovo’s Independence and the Policy of Non-Recognition  Katarína Lezová Part 5: Russia – Beyond the EU 15 The European Union and Russia during the Two Waves of Enlargement: New Political and Implementation Rationales on Old Issues  Sandra Fernandes 16 EU-Russia Cooperation on Energy Efficiency: An Unexpected Benefit of Regional Interdependence between Russia and the CEE Member States?  Olga Khrushcheva 17 The European Union’s Influence over Media Discourse on Renewable Energy Sources in Russia  Marianna Poberezhskaya Index

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Book SynopsisResolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the work of Professor Lea Brilmayer whose intellectual contribution and influence span scholarly debate and the practice of both public and private international law. The book’s essays are from leading international law scholars and practitioners in the field—including Michael Reisman, Stephen Schwebel, Erin O’Connor O’Hara, John Crook, Philippa Webb, Kermit Roosevelt, Harold Koh—and reflect on contemporary and cutting-edge questions of international law. Each contribution enriches and advances scholarly debate on topics of law for which Lea Brilmayer is well known, including: international dispute settlement; conflicts of law; international relations theory; secession and territorial and maritime sovereignty.Table of ContentsAcknowledgements Professor Lea Brilmayer: Biographical Note Professor Lea Brilmayer: Selected Publications Notes on Contributors 1 “This is your wake-up call”: Lea Brilmayer’s Impact as a Scholar and Teacher  Chiara Giorgetti and Natalie Klein 2 Lea Brilmayer: How Contacts Count  Harold Hongju Koh 3 Professor Brilmayer and the Third Restatement  Kermit Roosevelt III 4 Choice-of-Law Rules as Geographic Scope Limitations  Carlos M. Vázquez 5 Forum non Conveniens: Recent Developments at the Intersection of Public and Private International Law  Philippa Webb 6 Meddling in Internal Affairs: The Boundaries of Non-Intervention in a World without Boundaries  W. Michael Reisman 7 Jurisprudential Space Junk: Treaties and New Technologies  Rebecca Crootof   8 Recognition, Rewards, and Regime Change  William J. Moon 9 Functional State Recognition and International Economic Law  Kathleen Claussen 10 Why Sub-State Groups Are Endowed with Rights  Laura S. Underkuffler 11 Why International Organizations are Accountable to You  Eyal Benvenisti 12 Are International Mass Claims Commissions the Right Mechanism to Provide Redress to Individuals Injured under International Law?  Chiara Giorgetti 13 Land and Sea: Resolving Contested Land and Disappearing Land Disputes under the UN Convention on the Law of the Sea  Natalie Klein 14 Professor Lea Brilmayer and the Quest for Evidence from Space  John Crook 15 The Eritrea-Ethiopia Claims Commission’s Partial Awards on Eritrea’s and Ethiopia’s Diplomatic Claims  Robert G. Volterra 16 The Misinterpretation and Misapplication of the Minimum Standard of International Law  Stephen M. Schwebel 17 Conflict of Laws: A Recipe for Transformative Contributions  Erin O’Hara O’Connor

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Book SynopsisPeacekeeping and the Asia-Pacific explores the politics, challenges, and future of UN peacekeeping operations from the Asia-Pacific. The first section looks at contributions from the sub-regions: Northeast Asia, Southeast Asia, and South Asia. The second section of the book looks at individual country case studies including: Australia, Solomon Islands, Japan, and Thailand. The third, and concluding, section consists of a theoretical summary on the central conceptual theme of Asian motivations for PKO contributions. This content was originally published in vols. 18:3-4 and 19:3-4 of the Journal of International Peacekeeping.Table of Contents1 Introduction: The Politics, Challenges, and Future of UN Peacekeeping Contributions from the Asia-Pacific Boris Kondoch and Brendan Howe 2 Northeast Asian Perspectives on UN Peacekeeping: China, Japan, Korea Brendan Howe and Boris Kondoch 3 Southeast Asian Perspectives on UN Peacekeeping: Indonesia and Malaysia Alistair D. B. Cook 4 South Asian Regionalism and UN Peacekeeping Missions: A Case of ‘and Never the Twain Shall Meet’? Rashed Uz Zaman and Niloy Ranjan Biswas 5 Australia and Peacekeeping Peter Londey 6 RAMSI Ten Years On: from Post-Conflict Stabilisation to Development in Solomon Islands? Sinclair Dinnen 7 All-Japan Approach to International Peace Operations Yuji Uesugi 8 Thailand’s Participation in UN Peacekeeping Missions: the Reciprocal Transference of Expertise and Norms Keokam Kraisoraphong and Brendan Howe 9 Why Contribute? Understanding Motivations for Troop Contribution to Peace Operations Xenia Azenov Index

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Book SynopsisIn Transboundary Offshore Aquifers: A Search for a Governance Regime, Renee Martin-Nagle explains the geologic origins of offshore freshwater aquifers and proposes a governance regime for offshore aquifers that are shared by two or more nations. International law principles for marine resources, offshore hydrocarbons and land-based fresh water are explored.Table of ContentsINTRODUCTION CHAPTER 1: Origin of Offshore Submarine Groundwater Discovery of Offshore Aquifers Glacial Origins Other Origins of Offshore Aquifers Recent Discoveries and Possible Uses Vast Meteoric Groundwater Reserves CHAPTER 2: Legal Principles Governing Maritime Resources The Convention on the Continental Shelf The International Court of Justice UNCLOS CHAPTER 3: Legal Principles Governing Offshore Oil and Gas Development Background Early Law Unitization Customary Law Joint Development Agreements CHAPTER 4: Legal Principles Governing Land-based Aquifers Guidance from International Bodies CHAPTER 5: Perspectives and Conclusion Conclusion LIST OF REFERENCES

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Book SynopsisIn Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of jus post bellum avant la lettre, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.Table of Contents Introduction  AIntroducing the Theme of Jus Post Bellum  BSummary  CProblematizatio  DResearch aims  EResearch questions  FPropositions  GConceptual framework  HAddressees of Jus Post Bellum  IExplanation of Structure  Part 1    1Past – The Deep Roots of Jus Post Bellum  AIntroduction  BHistorical Development  1Augustine of Hippo (354-430)  2Institutes of Justinian (533)  3Raymond of Penafort (1175-1275) (Decretals of Gregory IX)  4Thomas Aquinas (1225-1274)  5Baldus de Ubaldis (1327-1400)  6Francisco de Vitoria (1492 – 1546)  7Francisco Suarez (1548-1617)  8Alberico Gentili (1552- 1608)  9Petrus Gudelinus (1550-1619)  10Hugo Grotius (1583-1645)  11Christian Wolff (1679-1754)  12Emer de Vattel (1714-1767)  13Immanuel Kant (1724-1804)  CConclusion  2Exploration of Sister Terms  AJus In Bello  BJus Ad Bellum  CImport for Jus Post Bellum and the Trichotomy  3Three Approaches to Jus Post Bellum  AIntroduction  BTemporal Approach  CFunctional Approach  DHybrid Approach  ELex Specialis and Lex Generalis  FInterplay  GHybrid Approach to Jus Post Bellum  4Present – An Exploration of Contemporary Usage  AThe Existing Matrix of Definitions: A Review of Contemporary Scholarship  1Introduction  2Identifying the Definitional Dichotomy — Functional vs. Temporal  3Problems of the Dichotomy  4Importance  5Empirical Analysis  BContrasting Jus Post Bellum and Transitional Justice  1Introduction  2The Grotian Tradition  3Basic Definitions  4Contrasting the Content of Transitional Justice and Jus Post Bellum  5Temporal Contrast – the Dynamics  6Specific to Global Contrast  7Legal Contrast  8Historical Foundations  9Going Forward – Continuing the Grotian Tradition  5Empirical Analysis of the Literature  AIntroduction  BMethod  CFindings  1Summary Findings  2Unclassifiable  3Functional Definitions  4Temporal Definitions  DConclusion 195  Part 2    6Jus Post Bellum in the context of International and Non-International Armed Conflict  AIntroduction  BJus In Bello in IAC and NIAC  CJus Ad Bellum in IAC and NIAC  DJus Post Bellum in IAC and NIAC  1Complications  2Prohibitions and Facilitations  3More Procedural Aspects  4Mixed Procedural and Substantive Aspects  5More Substantive Aspects  EConclusion  7Contemporary Legal Content of Jus Post Bellum  AIntroduction  1Chapter Focus  2Responses to Critical Approaches to Jus Post Bellum  BProcedural Fairness and Peace Agreements  1Article 52 of the Vienna Convention on the Law of Treaties  2Other Considerations of procedural fairness  CThe Responsibility to Protect  DTerritorial Dispute Resolution  1Prohibition of Annexation  2Self-determination  EConsequences of an Act of Aggression  FInternational Territorial Administration and Trusteeship  GThe Law Applicable in a Territory in Transition  1The Law of State Succession  2Human Rights Law and the Rights and Interests of Minorities  3The Laws of Occupation  HThe Scope of Individual Criminal Responsibility  IOdious Debt  JAlternative structuring of Jus Post Bellum  KConclusion  8Future? Rethinking Transformative Occupation and Democratization  AIntroduction  BThe Interests of Groups in the Transition to Peace  CJus Post Bellum and Democratization  DThe Problem of Undemocratic Transitions to Peace  1The Natural Tendencies of Unguided Transitions to Peace to Favor the Powerful  2The Limitations of Public International Law and Traditional International Humanitarian Law  3The Limitations of Human Rights Law, Transitional Justice, and International Criminal Law  ETransformative Occupation and Democratic peace  1The Problem of Transformative Occupation  2Kant’s Concept of a Warlike Constitution  3Democratic Peace  4The Role of Protecting the Rights and Interests of Women in a Democracy  FArgument for Democratization in the Transition to Peace  GTransformative Occupation that Considers Group Interests and Participation Aiding the Transition to Peace  9Conclusions  AKey Strengths  1Broad and Increasing Interest  2Foundation  BKey Weaknesses  1Lack of Consensus  2Difficulties of Integrating a Range of Sources  CKey Opportunities  1The Opportunity to Clarify a Range of Areas of Law and Practice  2The Opportunity to Contribute to the Establishment of Just and Enduring Peace  DKey Threats  1The Threat of Politicization  2The Threat of Discouraging Peace  EFinal Conclusion  Bibliography  ALiterature  a.Table of Cases  b.Table of Treaties  c.UN Documents  d.Miscellaneous Sources  e.Online Sources  Index

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Book SynopsisIf a key aspect of diplomacy is how countries are seen abroad, official diplomats are not the only actors. In contexts as diverse as Syria, Myanmar and the South China Sea, think tanks are influential actors whose impact deserves greater study. As organisations producing independent intellectual outputs to influence public policy, think tanks engage in at least four diplomatic functions: negotiation, communication, information-gathering and promoting friendly relations in international affairs. Detailed case studies show that think tanks both directly perform and indirectly support diplomatic functions: as metaphorical hired guns, charm offensive, witnesses and safe space; as a school for diplomats, personal trainers, chief knowledge officer and wise counsel. To reach their full potential, think tanks need to overcome obstacles including resource constraints and relationships with policymakers.Table of ContentsThink Tank Diplomacy  Melissa Conley Tyler, Rhea Matthews and Emma Brockhurst Abstract Keywords  Introduction Part 1. Understanding Think Tanks Part 2. Understanding Modern Diplomacy Part 3. Case Studies of Think Tanks in Diplomacy Acknowledgements References

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Book SynopsisSince 2011, democratic transitions in the Middle East and North Africa have mostly failed to consolidate and have been hindered by the difficult economic heritage of previous authoritarian governments. Yet newly established democratic governments must deliver on the expectations of their people, especially the poorer strata, otherwise disillusionment may open the door to restoration of authoritarian rule. Can democracy succeed? Various ideas for economic policies that may help consolidate the early democratisation process are proposed in this volume, while major obstacles on the way to democratic success are also highlighted. Contributors include: Alissa Amico, Laura El-Katiri, Philippe Fargues, Bassam Fattouh, Steffen Hertog, Giacomo Luciani, Samir Makdisi, Adeel Malik, Bassem Snaije, Robert Springborg, and Eckart Woertz.Table of ContentsForeword Preface List of Figures List of Tables List of Acronyms and Abbreviations Notes on Contributors 1 Introduction: In Search of Economic Policies to Stabilise Democratic Transitions  Giacomo Luciani 2 Reflections on the Arab Uprisings  Samir Makdisi 3 Rethinking the Rentier Curse  Adeel Malik 4 Brief Political Economy of Energy Subsidies in the Middle East and North Africa  Laura El-Katiri and Bassam Fattouh 5 The political economy of distribution in the Middle East: is there scope for a new social contract?  Steffen Hertog 6 Arab States as Shareholders: Origins and Consequences  Alissa Amico 7 Can Finance and Credit Enable Economic Growth and Democracy?  Bassem Snaije 8 Agriculture and Development in the Wake of the Arab Spring  Eckart Woertz 9 Mass Migration and Uprisings in Arab countries: An Analytical Framework  Philippe Fargues 10 Egypt’s Economic Transition: Challenges and Prospects  Robert Springborg 11 Oil Rent and Regional Economic Development in MENA  Giacomo Luciani Index

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Book SynopsisInvestor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.Table of ContentsAcknowledgements List of Abbreviations Introduction A. Subject Area: International Investment Law and Arbitration B. Central Problem: Inconsistency in International Investment Jurisprudence C. Central Goal: Targeted, Effective and Feasible Approach for Reform D. Research Questions and Hypotheses E. Research Methods F. Course of Investigation Chapter 1 – Contextual Framework and Object of Study A. Preliminary Considerations B. Contextual Framework: International Investment Law and Arbitration I. Development of (Inter-) National Investment Law and Policy II. Development of International Investment Arbitration C. Object of Study: ICSID Arbitration I. Basic Information II. Relative Strengths and Weaknesses: Comparative Law Analysis of ICSID and UNCITRAL Arbitration III. Summary and Evaluation D. Interim Conclusion Chapter 2 – Analysis of Problem: Inconsistency in ICSID Investment Jurisprudence A. Preliminary Considerations I. “Consistency” and “Jurisprudence Constante” – Working Definitions and Premises II. ICSID Jurisprudence in the Focus of Criticism – Rationales B. Questions of Principle I. Is Jurisprudential Consistency Desirable At All? II. Is the Inconsistency Criticism Appropriate At All? C. Forms of Inconsistencies I. Same Dispute, but Multiple Proceedings II. Different Disputes, but Same Legal Issues III. Temporal Distinction: Parallel vs. Successive Proceedings D. Causes of Inconsistencies I. Systemic Causes: Basic Structures of ICSID Arbitration II. Methodological Causes: Legal Interpretation in ICSID Arbitral Decisions E. Occurences of Inconsistencies: Qualitative-Empirical Study I. Law Governing Jurisdiction II. Procedural Law III. Substantive Law IV. Summary and Evaluation F. Interim Conclusion Chapter 3 – Reform Proposal: Curing Inconsistent ICSID Investment Jurisprudence A. Preliminary Considerations B. Overview of Reform Proposals to Enhance Consistency I. Instruments without ICSID Specificity II. Instruments with ICSID Specificity III. Evaluative Choice of the Preferable Instrument C. Preferable Reform Proposal: Draft of an ICSID Preliminary Ruling System I. Conceptual Models II. Legal Implementation III. Basic Structures IV. Admissible Questions V. Submission of Questions VI. Course of Proceedings VII. Effect of Preliminary Rulings VIII. Summary and Evaluation D. Interim Conclusion Conclusion A. Final Summary B. Research Questions and Hypotheses: Answers and Confirmations C. Prospects and Outlook Summary in German Annex A. Annex to Chapter 1 B. Annex to Chapter 2 C. Annex to Chapter 3 Table of Cases Bibliography

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Book SynopsisIn Freshwater Boundaries Revisited, María Querol analyzes the different methods applied in the delimitation of international rivers and lakes and the recent developments in the field. This monograph reassesses the diverse methods of boundary delimitation in view of the latest and abundant jurisprudence of the International Court of Justice and the tribunals under the aegis of the Permanent Court of Arbitration on the subject. The author focuses on the influence of human considerations in the field under study and the legal consequences ensuing therefrom, in addition to drawing some conclusions regarding freshwater boundaries.

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Book SynopsisIn The Protection of Water During and After Armed Conflicts: What Protection in International Law?, Mara Tignino offers an analysis of the principles and rules protecting water in situations of armed conflicts. The monograph also gives insights on the legal mechanisms open to individuals and communities after a conflict. Practice of international organizations and judicial decisions are examined in order to define the contours of the norms dealing with armed conflicts and post-conflict situations. Beyond international humanitarian law, the author suggests that other areas of international law should be taken into account such as human rights law and international water law. This comprehensive view aims at preventing damage to water resources and ensuring access to safe drinking water. Given the fragmentation of instruments and norms dealing with water in times of armed conflicts, it requires an in-depth examination of what means of international law may be developed to ensure a better protection to water.Table of ContentsIntroduction A. The Protection of Water under International Humanitarian Law I. The Protection of Access to Water 1. The Protection of Objects Indispensable to the Survival of the Civilian Population 2. The Prohibition on Attacking Works and Installations Containing Dangerous Forces II. Water and Environmental Protection Under International Humanitarian Law 1. The Environment as a Civilian Object 2. The Prohibition on Causing Widespread, Long-Term and Severe Impacts on the Environment in Times of Armed Conflict III. General Principles of International Humanitarian Law and the Protection of Water Resources 1. The Martens Clause 2. The Principle of Proportionality and the Obligation to Take Precautionary Measures 3. The Principles of Discrimination and Distinction IV. Strengthening the Protection of Water Resources: International Criminal Law 1. The Statute of the International Criminal Court 2. The Arrest Warrant against President Omar Al Bashir V. Conclusion B. The Protection of Water under International Water Law I. Water Treaties and Armed Conflicts 1. The Role of the International Law Association (ILA) in the Development of Principles on the Protection of Water Resources in Times of Armed Conflict 2. General Principles Applicable to the Effects of Armed Conflicts on Treaties: The Role of the Institute of International Law (IIL) and the International Law Commission (ILC) II. International Environmental Law and the Protection of Water 1. The Applicability of Instruments Protecting the Environment to Water Resources 2. Multilateral Environmental Agreements (MEAs) and Water 3. The Protection Offered by International Customary Law III. The Practice of International Watercourse Treaties and Armed Conflicts 1. The Specific Solutions Found in International Watercourse Treaties 2. The Normative Impact of International Humanitarian Law on International Water Law 3. The Application of International Watercourse Treaties in Times of Armed Conflict 4. The Danube River and Armed Conflicts IV. Conclusion C. The Protection of Water Under Human Rights Law I. Access to Water in Human Rights Law 1. Normative Content of the Human Right to Water 2. Instruments of International Water Law and the Human Right to Water 3. The Protection of the Human Right to Water in Times of Armed Conflict II. The Human Right to Water and Protection of the Environment III. United Nations Investigatory Mechanisms and the Human Right to Water IV. Conclusion D. Post-Conflict, Peace-building and Water I. Humanitarian Aid and Communities Affected by Environmental Damage II. Humanitarian and Environmental Assistance III. Disarmament Law and the Obligations of Environmental Clean-Up IV. Post-Conflict Legal Avenues to Protect the Human Right to Water V. Conclusion Perspectives: A Specific Instrument Dedicated to the Protection of Water During and After Armed Conflicts? Bibliography

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Book SynopsisThis book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation nor seeks to extend it beyond the contours determined by the founders of the ICC. The author contributes to the existing debate in academia and in practice by delineating the core, most complex and contentious matters ensuing from the role assigned to victims. The scrupulously selected issues unveil and blueprint the essential characteristics that delimit the standing of victims as independent actors in the ICC’s arena, distinct from the parties and other non-party participants. As an integral part of the ICC’s synergy, victims converge and interact with its other components. Therefore, the position and role of victims are contemplated in the context of the Court’s procedural mechanism and the mission pursued by the parties and the Chamber. The philosophy underpinning the ICC’s design and the standing of victims therein also requires analysis from a wider perspective. Accordingly, the volume draws an in-depth parallel with relevant developments and trends at the international and domestic level. Close attention is paid to the legal instruments and jurisprudence of international(ized) criminal justice bodies, human rights institutions and non-criminal jurisdictions to the extent useful for shedding further light on the issues at hand. Recourse is also made to various national systems, whenever relevant.Table of ContentsForeword  William Schabas Foreword  Georghios M. Pikis/i> Acknowledgements Introduction 1 Victims’ Eligibility under Rule 85  The Victim Definition and the Presumption of Innocence  Application of Rule 85  The First Criterion: Natural Persons and Legal Entities   Natural Persons   Legal Persons  The Second Criterion: Harm   Definition of Harm   Types of Harm   Harm Sustained by Legal Persons  The Third Criterion: Jurisdiction  The Fourth Criterion: Causal Link 2 Classification of Victims’ Rights  General and Specific Rights  Rights of Uniform Applicability and Case-dependent Rights  Express and Implied Rights  Imperative and Non-imperative Rights  Conditional and Non-conditional Rights  Passive and Active Rights; Rights of a Mixed Character  Positive and Negative Rights  Rights Employed in Person; Rights Exercised in Person and through Another; Rights Effectuated Exclusively through Another  Any-victim Rights and Group-specific Rights  Service Rights and Procedural Rights  Exclusive and Non-exclusive Rights  Rights Falling within Several Classifications 3 Purpose and Quintessence of Article 68(3)  Article 68(3) Participation Scheme and Existing Models of Victims’ Intervention  icc’s Participatory Scheme and Intervention of Interested Persons in Ongoing Litigation  Genesis and Overall Rationale of Article 68(3)   ‘Personal Interests’ Requirement   The Requirement ‘Are Affected’   The ‘Appropriateness’ Criterion   Manner of Participation   Views and Concerns 4 Duality of Victim-Witness Status  Duality of Status at the Domestic Level  Duality of Status at the International Level  Duality of Status in the Context of Trials of Mass Atrocities  Acquiring Duality of Status  Applications for Participation and Written Statements; Disclosure-Related Issues   Access to Victims’ Applications for Participation; Disclosure of Applications of Dual Status Individuals  Views and Concerns as Compared to Testimony  Admissibility and Probative Value of the Testimony of Dual Status Individuals  Impact of Information from Dual Status Individuals on Their Victim Standing and Trustworthiness  Withdrawal of Victim Standing before Other Adjudicative Bodies. Consequences and Possible Remedies  Practical Matters Occasioned by the Participation of Dual Status Individuals   Role of the Registry in the Protection of Dual Status Individuals   Exchange of Information Concerning Dual Status Individuals   Contact between Dual Status Individuals, the Parties and Other Participants 5 icc’s Evidentiary Procedure and Victims’ Role Therein  The Role of the Parties in the Processing of Evidence on the Merits of the Criminal Case  The Role of the Chamber in the Fact-finding Mechanism  Victims’ Role in the Fact-finding Process on the Merits of the Criminal Case  The Essence of Reparation Proceedings in a Nutshell and Victims’ Role in Related Evidence Gathering Concluding Remarks Index

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Book SynopsisThe challenges posed by the non-liquidity and non-diversity of the Islamic debts market make the market an inefficient tool on contributing to Muslim economic growth. Islamic scholars and experts created sukuk as an Islamic debt instrument to avoid riba (usury), but the sukuk market (especially in the Gulf) still struggles with the prohibition of the trade of debt due to the prohibition of the two Fiqh Academies. Trading and securitizing debts should be permitted in Islamic law, with one condition, that the debt should be considered low risk. This new rule, the permissibility of trading debts, is supported by three Islamic legal bases, istishab, qiyas, and maslaha, which are recognized by all four Islamic schools of legal thought. Furthermore, permitting the trading of debts is more consistent with the principles and theories of Islamic law than is forbidding it. It is consistent with the obligations theory that debt is a personal right. It is consistent with the mal (property) theory that debt may be sold according to the three Islamic schools of legal thought, all of which consider debt as property. It is consistent with other modern Islamic financial transactions that are permitted by the two Fiqh Academies, such as tawarruq and murabaha.

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Book SynopsisThis book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.Table of ContentsAcknowledgements; List of Abbreviations; List of Cases; Introduction; Monstrous Negotiations; Monstrous Citizenships; Citizens and Their Monstrous Families; Monstrous Fears; Conclusions; Bibliography.

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Book SynopsisThe Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, investment and financial integration in Asia, the Ma-Xi Summit in Singapore, the Taiwan-Philippines Fisheries Agreement, and the 70th Anniversary of the ROC’s War of Resistance against Japan. Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.twTable of ContentsExcerpt from Table of Contents Preface Ying-jeou Ma Essay Establish Yourself at Thirty: My Decision to Study China’s Legal System, Jerome A. Cohen Articles Law-Making Process concerning State Jurisdiction over Artworks Loaned from Abroad: Implications of the Exhibition of Treasured Masterpieces from Taipei, Mizushima Tomonori U.S. Practice Regarding Article 121(3) of UNCLOS and the South China Sea Arbitration Case, Yann-huei Song The 2015 Award on Jurisdiction and Admissibility of the South China Sea Arbitration and the Insurmountable Thresholds, Michael Sheng-ti Gau Infrastructure Investment in Asia and Protection under International Investment Agreements, Yuka Fukunaga Coordinating Games: The Challenge of Pursuing a Financial Integration Project in ASEAN, Michelle Dy Special Reports Amicus Curiae Submission by the Chinese (Taiwan) Society of International Law in the South China Sea Arbitration: An Introductory Note, Nigel N.T. Li Taiwan Practices in the WTO Main Activities: 2002-2015, Der-Chin Horng The 2015 Ma-Xi Meeting in Singapore, Pasha L. Hsieh & Pei-Lun Tsai Bibliography Selected Bibliography on Traditional Chinese Law, Norman P. Ho Contemporary Practice and Judicial Decisions of The Republic of China (Taiwan) Relating to International Law, 2015 Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law Explanatory Note I. International Law in General II. Subjects of International Law III. International Organizations IV. Individuals V. Territory and Territorial Jurisdiction VI. State Responsibility VII. The Law of the Sea, Environment, Health, and Aviation VIII. The Law of Treaties IX. Diplomatic, Consular, and Similar Relations X. Peaceful Settlement of International Disputes XI. Arms Control, Use of Force, and International Criminal Law XII. International Economic Relations XIII. Private International Law XIV. Cross-Strait Relations Mainland China; Hong Kong and Macau XV. Others Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2015 Chronological List Selected Texts Burkina Faso; Japan; Philippines; Solomon Islands; United States. Table of Cases; Index; Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs.

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Book SynopsisThe UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.Table of ContentsAcknowledgements List of Illustrations List of Abbreviations List of Contributors Introduction Part 1: Fifty Years of Ocean Law Debates: The Law of the Sea Institute 1 The Law of the Sea Institute: A New Forum for Debate of Ocean Law in the 1960s “Decade of Uncertainty”  Harry N. Scheiber 2 The losi in Hawai’i: Ocean Law and Policy Debates, 1977–96  Sherry Broder 3 Seeking Lines in the Sea: Progress and Challenges in the Delimitation of Maritime Boundaries over the Past 50 Years  Clive Schofield 4 A Legacy of Stewardship for the Public Order of the Oceans: A Memorial Tribute to William T. Burke  Craig Allen 5 Lewis M. Alexander, Modern Master Marine of the Law of the Sea  John Briscoe Part 2: Perspectives on unclos 6 The Strategic Foundations of the Law of the Sea  James Kraska 7 Small States in the Decision-Making Process of unclos iii  Willy Østreng 8 Special Address: iuu Fishing and the International Tribunal for the Law of the Sea  in-Hyung Paik 9 Special Address: On the Challenges to Stability and to the Rule of Law in Implementation of unclos  Bernard Oxman Part 3: The European Union’s Record in Sustainable Management of Marine Resources 10 Regulating and Managing Marine Fisheries Resources: Five Decades of Triumph and Failure in the European Union  Ronán Long Part 4: Debates on a Regime for Biodiversity in the Area beyond National Jurisdiction (abnj) 11 Freedom of the High Seas or Protection of the Marine Environment? A False Dichotomy  Nilufer Oral 12 Perspectives on a Development Regime for Marine Biodiversity Conservation and Sustainable Use beyond National Jurisdiction  Kristina Gjerde 13 Promoting a New Convergence: Developing New Regulatory Paradigms for Marine Areas beyond National Jurisdiction in the Pacific Ocean  Robin Warner 14 Governance of the Arctic beyond National Jurisdiction: Cooperative Currents, Restless Sea  David VanderZwaag 15 Changes in the Law of Marine Genetic Resources in the abnj and under unclos  Su Jin Park Part 5: New Developments (and Challenges) in the Arena of Ocean Law 16 Defining “Serious Harm” and “Harmful Effects” for Deep Seabed Mining in the Area  Kathryn Mengerink 17 Regulating Greenhouse Gas Emissions from Ships: The Role of the International Maritime Organization  Daniel Bodansky 18 Perspectives on the International Court of Justice Ruling in the “Whaling in the Antarctic” Case  Anastasia Telesetsky, Seokwoo Lee and Hee Eun Lee 19 Conservation or Claim? The Motivations for Recent Marine Protected Areas  David C. Caron and Stephen Minas Index

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Book SynopsisEntry into force of the UN Watercourses Convention in August 2014, and the opening of the UNECE Water Convention to all states in March 2016, are significant milestones in international water law. A comparative analysis of these two global water conventions and the 1995 Mekong Agreement reveals that all three instruments are generally compatible. Nonetheless, the international legal principles and processes set forth in the two conventions can render the Mekong Agreement more up-to-date, robust and practical. The Governance Regime of the Mekong River Basin: Can the Global Water Conventions Strengthen the 1995 Mekong Agreement? contends that strengthening the Agreement would be timely, given the increasing pressures associated with the rapid hydropower development within the basin and the gradually emerging disputes therein. Due to these fast-moving developments, Kinna and Rieu-Clarke strongly recommend that the Mekong states should seriously consider joining both conventions in order to buttress and clarify key provisions of the 1995 Mekong Agreement.

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Book Synopsis** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests. This book was awarded the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on a Practical or Technical Subject, in 2022.

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Book SynopsisThis volume contains the pleadings, minutes of sittings and other documents from: The “Enrica Lexie” Incident (Italy v. India), Provisional Measures. Le présent volume contient les pièces de procédure, les procès-verbaux des audiences et d’autres documents relatifs à : L'incident de l'« Enrica Lexie » (Italie c. Inde), mesures conservatoires.

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Book SynopsisIf one uses Facebook, Facetime, Skype, Netflix, or any application of the internet internationally, a submarine cable is involved. Fibre optic cables bind the world together and computer server farms, maintained by major telecom and content companies, allow vast amounts of data to be stored and retrieved from the cloud. Not often appreciated is the fact that these server locations worldwide are connected by submarine fibre optic cables. In this sense, the cloud is beneath the sea. While submarine communication cables have been in steady use since 1850, their preeminent place in the modern world has never been as dominant and personal as now. Recently, calls have mounted in the context of marine biodiversity beyond national jurisdiction (BBNJ) for centralized control of submarine cables and for express or de facto diminishment of the freedoms related to them via the United Nations Convention on Law of the Sea, that have served the world’s peoples for so long. In International Submarine Cables and Biodiversity of Areas Beyond National Jurisdiction, Douglas R. Burnett and Lionel Carter examine the time proven importance of the existing international treaties, the largely peer-reviewed science on the environmental interaction of submarine cables with high seas environments, and the current submarine cable issues in the context of the BBNJ debates.

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Book SynopsisThis 9th volume of International Development Policy looks at recent paradigmatic innovations and related development trajectories in Latin America, with a particular focus on the Andean region. It examines the diverse development narratives and experiences in countries such as Bolivia, Colombia, Ecuador and Peru during a period of high commodity prices associated with robust growth, poverty alleviation and inequality reduction. Highlighting propositions such as buen vivir, this thematic volume questions whether competing ideologies and discourses have translated into different outcomes, be it with regard to environmental sustainability, social progress, primary commodity dependence, or the rights of indigenous peoples. This collection of articles aims to enrich our understanding of recent development debates and processes in Latin America, and what the rest of the world can learn from them. Contributors include: Adriana Erthal Abdenur, Alberto Acosta, Ana Elizabeth Bastida, Luis Bustos, Humberto Campodónico, Gilles Carbonnier, Ana Patricia Cubillo-Guevara, Fernando Eguren, Ricardo Fuentes-Nieva, Eduardo García, Javier Herrera, Antonio Luis Hidalgo-Capitán, Robert Muggah, Gianandrea Nelli Feroci, José Antonio Ocampo, Camilo Andrés Peña Galeano, Guillermo Perry, Darío Indalecio Restrepo Botero, Sergio Tezanos Vázquez, and Frédérique Weyer.Table of ContentsForeword Preface List of Illustrations List of Acronyms and Abbreviations Notes on Contributors 1 Introduction: Alternative Development Narratives, Policies and Outcomes in the Andean Region  Humberto Campodónico, Gilles Carbonnier and Sergio Tezanos Vázquez 2 The Future of Latin America in the Global Economy: An Interview with Fernando Henrique Cardoso  Gilles Carbonnier, Humberto Campodónico and Sergio Tezanos Vázquez Part 1: Development Alternatives in Latin America 3 Deconstruction and Genealogy of Latin American Good Living (Buen Vivir). (Triune) Good Living and Its Diverse Intellectual Wellsprings  Antonio Luis Hidalgo-Capitán and Ana Patricia Cubillo-Guevara 4 Commodity-led Development in Latin America  José Antonio Ocampo 5 Post-extractivism: From Discourse to Practice—Reflections for Action  Alberto Acosta Part 2: Development Outcomes and External Influences 6 Socialism in the Twenty-First Century and Neo-liberalism: Diverse Ideological Options Do Not Always Generate Different Effects  Fernando Eguren 7 Implementing ‘Vivir Bien’: Results and Lessons from the Biocultura Programme, Bolivia  Frédérique Weyer 8 Poverty and Economic Inequalities in Peru during the Boom in Growth: 2004–14  Javier Herrera 9 Skirting or Courting Controversy? Chinese fdi in Latin American Extractive Industries  Adriana Erthal Abdenur 10 The Influence of Multilateral Development Institutions on Latin American Development Strategies  Guillermo Perry and Eduardo Garcia Part 3: Social and Environmental Dynamics 11 Towards Regimes for Sustainable Mineral Resource Management—Constitutional Reform, Law and Judicial Decisions in Latin America  Ana Elizabeth Bastida and Luis Bustos 12 Territories in Dispute: Tensions between ‘Extractivism’, Ethnic Rights, Local Governments and the Environment in Bolivia, Colombia, Ecuador and Peru  Darío Indalecio Restrepo Botero and Camilo Andrés Peña Galeano 13 The Rise of Citizen Security in Latin America and the Caribbean  Robert Muggah 14 The Evolving Role and Influence and Growing Strength of Social Movements in Latin America and the Caribbean  Ricardo Fuentes-Nieva and Gianandrea Nelli Feroci Index

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Book SynopsisIn The Fairness ‘Dilemma’ in Sharing the Nile Waters, Zeray Yihdego offers a comprehensive and critical account of the application of the fairness principle to sharing Nile water resources with particular emphasis on fairness regarding building, filling and benefits from the Grand Ethiopian Renaissance Dam and offers critical insights and lessons available to public international law.

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