Public international law Books

Book SynopsisThe Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention.

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Book SynopsisDefence diplomacy enhances the diplomatic and security capacity of a state, providing the only link between executive office and the ministries of foreign affairs and defence, three vital institutions in the Long War. Using a case study of US defence diplomacy in Afghanistan from 2001-2014, the paper argues simply that the practice of defence diplomacy far outweighs current theories on what it is, how it works and why it matters?Table of ContentsDefence Diplomacy in the Long War  Patrick Blannin  Abstract  Keywords  Introduction  Diplomacy: A Timeless Existential Phenomenon  Defence Diplomacy: Diplomats in Uniform  Defence Diplomacy in the Long War  Conclusion  Acknowledgments  Bibliography

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Book SynopsisThis book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.Table of ContentsContents Preface List of Abbreviations Introduction Part 1 Re-formation of Perspectives 1 Framework of the Conventional Debate A Bowett: Three Issues and One General Statement B Brownlie: Re-formulation of Bowett’s General Statement C Beyond the Framework of Debate Set by Brownlie 1 Influence of this Framework over Current Arguments 2 Beyond the Consensus Framework 2 Great Confusion over the Right of Self-Defence: The Caroline Incident Revisited A Divisions over the Caroline Incident B Background to the Divisions: The Necessity Doctrine and the Self-Defence Doctrine 1 Necessity Doctrine 2 Self-Defence Doctrine 3 Difference in the Function of the Right of Self-Defence C Differences in the Concepts: Self-preservation Doctrine 1 Self-preservation Doctrine 2 Limits of the Self-preservation Doctrine D Perspectives Part 2 Two Distinct Concepts 3 The Right of Self-Defence before World War i A State Practice 1 Justification for the Violation of the Territory of Another State 2 Justification for the Violation of the Flag-State Jurisdiction of Another State B Doctrine 1 Mid-19th Century 2 Late-19th Century and Later C Policing Concept of the Right of Self-Defence 4 The Right of Self-Defence as it Developed in the Inter-war Period A The Basic Function of Self-Defence: Resistance to Acts of Aggression 1 The Covenant of the League of Nations (1919) 2 The Protocol for the Pacific Settlement of International Disputes (1924) 3 Rhineland Pact (Locarno Treaties) (1925) 4 The Pact of Paris (1928) 5 Summary of Section A B Scope of the Inter-war Right 1 The Problem of Defining Aggression 2 The Existence of Limits: League of Nations Practice 110 3 Vague Boundaries 4 Precursor of Collective Self-Defence, and the Preconditions for Its Operation C Significance of the Inter-war Period’s Conception of Self-Defence: Self-Defence as Defensive War Part 3 The Pre-1945 Right of Self-Defence 5 The Relationship between the Two Conceptions of Self-Defence 141 A Coexistence of the Two Conceptions of the Right of Self-Defence 1 The Pact of Paris and Protection of Nationals Abroad 2 The League of Nations Codification Conference 3 The US-Mexico Mixed Claims Commission B The Relationship between the Two Conceptions of Self-Defence 1 The Right of Self-Defence in Customary International Law and Treaty Law 2 Violations of Territory and Resort to War 3 From Outlawry of War to Prohibition of the Use of Force C ‘Outlawry of War’ and the Two Conceptions of the Right of Self-Defence 6 The Right of Self-Defence in the Travaux Préparatoires of the United Nations Charter A Formulation of the Non-use of Force Principle 1 The Formulation Process 2 From the Moscow Declaration to the Dumbarton Oaks Proposals 3 Deliberations at the San Francisco Conference 4 Conclusions of Section A B The Perception of the Right of Self-Defence as Policing Measures 1 Internal Discussions of the us Department of State 2 From Dumbarton Oaks to San Francisco 3 Theoretical Status of the Policing Conception of Self-Defence C ‘Insertion’ of the Right of Self-Defence as Defensive War 1 From Dumbarton Oaks to San Francisco: The Two Contexts in Which the Right of Self-Defence was Discussed 2 The Birth of Article 51 3 Collective Self-Defence against Armed Attack and Individual Self-Defence against Aggression D The Meaning of the Right of Self-Defence in the Drafting Process of the un Charter Conclusion Bibliography Index

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Book SynopsisThe book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. To minimise the negative impact on personal freedoms, it proposes a reading of Australian provisions in line with international caselaw. Expanding her analysis on the international level, the author offers an appraisal of the measures taken, both in terms of criminal policy and cost for civil society. She argues that the development of soft law and the increased powers given to law enforcement agencies, which sub-contract surveillance to the private sector, further erode the legitimacy of State action and the rule of law, and ultimately the democracy the laws were meant to protect.Table of ContentsList of Tables Abbreviations and Acronyms 1 Introduction  1.1 From Organised Crime to Money Laundering  1.2 From Anti-money Laundering to Counter-terrorism Financing  1.3 Protecting Fundamental Rights 2 aml/ctf Legislation in the International Context  2.1 The Problem   2.1.1 What is Organised Crime?  2.2 The Strategies   2.2.1 Depriving Criminal Organisation of the Profit of Their Crimes   2.2.2 Making it an Offence to Participation in a Criminal Organisation  2.3 The Response: Towards Comprehensive aml Legislation   2.3.1 The 1970s   2.3.2 The 1980s   2.3.3 The 1990s   2.3.4 The 2000s   2.3.5 The 2010s   2.3.6 Two Different Approaches  2.4 The International Players   2.4.1 The G-7, the unsc and the fatf   2.4.2 The Financial Intelligence Units (FIU) and the Egmont Group   2.4.3 The Private Sector and the Wolfsberg Group  2.5 Confiscation and Assets Sharing   2.5.1 Confiscation   2.5.2 Assets Sharing  2.6 Conclusion 3 A New Crime Type: Defining Money Laundering  3.1 Introduction  3.2 Defining Money Laundering   3.2.1 The Predicate Offence   3.2.2 Money Laundering, an Offence sui generis  3.3 The Fault Elements   3.3.1 Knowledge vs Belief   3.3.2 Value of the Assets   3.3.3 Knowledge vs Recklessness and Negligence   3.3.4 Negligence  3.4 The Physical Elements   3.4.1 Possession vs no. Intent to Launder Money   3.4.2 The Risk Factor as a Physical Element of the Offence   3.4.3 The Subsidiary Offence  3.5 Corporate Liability  3.6 Penalties   3.6.1 Legal Exemptions  3.7 Conclusion 4 Money Laundering Post-9/11: Defining Terrorism Financing  4.1 Introduction  4.2 The fatf Special Recommendations on Terrorism Financing   4.2.1 Introduction   4.2.2 Difficulties in Implementing SR vi, vii, viii and ix   4.2.3 Conclusion  4.3 Defining a Terrorist Act   4.3.1 Under the Nine Terrorism Conventions   4.3.2 Under the uncft and the Code  4.4 Defining Financing   4.4.1 Financing Terrorism   4.4.2 Financing a Terrorist   4.4.3 Financing – Providing Support to – a Terrorist Organisation   4.4.4 Under the Charter of the United Nations Act 1945  4.5 Penalties  4.6 Conclusion   4.6.1 Contrasting Australia’s aml/ctf Legislation with International Treaties   4.6.2 Contrasting aml Legislation with ctf Laws 5 The Proscription of Terrorist Organisations and the Implementation of ctf unscrs  5.1 Introduction  5.2 Proscription of Terrorist Organisations under the Code   5.2.1 Terrorist Organisations   5.2.2 Prescription Regime  5.3 Proscription of Terrorist Organisations under cotuna   5.3.1 unscr 1267   5.3.2 Weapons of Mass Destruction   5.3.3 North Korea   5.3.4 Iran   5.3.5 Requirements for Listing under cotuna  5.4 Delisting and Review Procedures   5.4.1 Under the Code   5.4.2 Delisting under cotuna   5.4.3 Lessons from Kadi and ompi/pmoi  5.5 Effects of the Listings  5.6 Conclusion   5.6.1 Focus on Organisations   5.6.2 Breadth of Legislation   5.6.3 Restricted Judicial Review   5.6.4 A Way Ahead 6 Appraising aml/ctf Legislation in the International Context  6.1 Introduction  6.2 Questioning the Rationale of the aml/ctf Apparatus   6.2.1 From Carpet-bombing Legislation to Risk-based Supervision   6.2.2 A Costly Machinery   6.2.3 Terrorism Financing, a Type of Money Laundering?   6.2.4 A Different Approach is Needed   6.2.5 Beyond Crime Control  6.3 Money Laundering and Terrorism Financing (Legislation) as a Threat to Democracy?   6.3.1 The Influence of Soft Law in the Legislative Process   6.3.2 A Different Type of Law Enforcement  6.3.3Erosion of Criminal Law Principles  6.4 What Democracy?  Bibliography  Index

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Book SynopsisFundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.

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Book SynopsisIn Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.Trade Review'Emiliano Buis’s book, Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece, is one of the rare books to look at Classical Greece texts and norms from various religious, political, social, literary and artistic sources, through the prism of international humanitarian law (IHL), and offers a fascinating perspective on the historical roots of IHL. This book allows readers to get an in-depth view into how norms, interpolity relations and laws common to the classical Greeks were conceived during the Peloponnesian War period (431–404 BCE), and provides an enlightening analysis of some of the precursory roots of what we know today as ius ad bellum and ius in bello. Not only is the book based on meticulous research, but each of its sections is also supported by numerous examples and quotations of the original texts used as reference sources, with their English translation, allowing readers to fully appreciate how the norms and ideas preceding modern-day IHL were expressed.' Marie-Louise Tougas, in: International Review of the Red Cross, p. 1-7. Published online 18 July 2019. "The book’s greatest strength is Buis’ engagement both with the ancient evidence and with recent thinking in the field of International Law, a combination often allows for unexpected and stimulating insights. This monograph will be valuable both for students of international law seeking an introduction to Greek thinking and practices, and for classical Greek historians interested in the perspectives of the discipline of International Law". Peter Hunt, in H-Soz-Kult. Kommunikation und Fachinformation für die Geschichtswissenschaften (2019).Table of ContentsForeword  Randall Lesaffer Preliminary Considerations Acknowledgments List of Figures and Maps Introduction  1 Between Ares and Athena  2 In-between Custom and Convenience: Analyzing the Restrictive Discourse of War  3 Towards International Law in the Ancient World: Practices and Contexts  4 Inhumane Acts, Human Words: Analyzing the Restrictive Discourse of War Part 1: The Concepts 1 Normativity, Hegemony, and Democratic Performance: The Case of Classical Athens  1 International Normativity, Subordination, and Political Imposition in the Ancient World  2 Justice, Law, Laws and Decrees: The Issue of Terminology  3 Nomothesia: The Act of Legislating  4 Dramatic Competitions and Athenian Festivals  5 Justice as Spectacle in Athens: Judicial praxis  6 The Assembly, the Theater, and the Courts: Performative Activities of Democracy  Summation: Democracy as Performative Ritual 2 Greek poleis and Their International Subjectivity  1 Towards an Archaeology of the Subject: Did Legal Entities Have a Legal Personality in the Greek World?  2 The Role of the polis in the Signing of Treaties during the Peloponnesian War  Summation: International Subjectivity in Ruins Part 2: The Rules 3 Ius ad bellum and Its Limits on Inter-polis Law  1 The Rhetoric of the Use of Armed Force in the Greek World  2 The Vocabulary of the Grounds: The Spoken and the Unspoken in Thucydides  3 Considerations on Guilt, Responsibility, Motivation and Encouraging: Helen’s Case  4 Exoneration from the Attack: The Adversary’s Responsibility  5 A ‘Legal’ Rhetoric of Self-Defense?  Summation: Restraining the Use of Armed Force 4 Ius in bello and Its Limits in Inter-polis Law  1 Greek Warfare between Military Necessity and Limitation  2 The Legal Matrix: The Foundations of “Common,” “Universal,” Inter-polis, and Intra-Hellenic Law  3 Geneva in Greece: The nomos of the Greeks with Respect to the Protection of Victims and Practices in Wartime: Humanitarian Limits?  4 The Hague in Greece: The nomos of the Greeks with Respect to the Restriction of Means and Methods of Warfare: Humanitarian Limits?  5 Responding to Atrocity: Prosecution of War Crimes?  Summation: Towards a Framework of Restraint Conclusions: About Apples, Branches, and Humanitarian Strategies Appendix A: Chart of Treaties Signed by Greek poleis during the Peloponnesian War (431–404) Appendix B: Digital Images of Treaties and Decrees Bibliography  1 Ancient Sources (Critical Apparatus of Greek Texts, Translations and Comments)  2 Critical Bibliography  3 Instrumenta studiorum Index

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Book SynopsisPublic-Private Partnerships (PPPs) have increasingly emerged as a valuable mechanism for drawing in investment and expertise from the private sector to meet public infrastructure needs. PPPs involving transboundary international waters require particular attention given their huge potential for social and environmental impact. Transboundary Waters, Infrastructure Development and Public Private Partnership examines what PPPs are and how they function in the context of transboundary waters. It explains how environmental and social "safeguards” operate in relation to PPPs and transboundary waters in light of the Nam Theun 2 and the Xayaburi Hydroelectric Power projects in Laos PDR. Finally, it draws important lessons from their contractual arrangements, costs, financing and risk mitigation that are relevant to PPPs in other transboundary waters matters.Table of ContentsTransboundary Waters, Infrastructure Development and Public Private Partnership: Through the Prism of the Nam Theun 2 and Xayaburi Hydropower Projects  Abstract  Keywords  Introduction  A Public-Private Partnerships  B International Watercourses Law and PPPs  C The Governance of PPPs through ‘Policies’ of Multilateral Development Banks  D The Mekong River Basin, the 1995 Mekong Agreement and the Nam Theun 2 Hydropower Project  E Contractual Structure  F Project Cost and Financing/Risk Mitigation  G Xayaburi Project  H Concluding Remarks

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Book SynopsisNational criminal justice systems are slowly integrating in an effort to combat cross border criminality. New Perspectives on the Structure of Transnational Criminal Justice provides a forum for critical perspectives on this evolving system, with the goal of testing and challenging conceptions of transnational criminal law. Collectively, the papers in this special issue investigate the main symbolic and material characteristics of this space of justice, how it is organized and what dynamics shape its functionality and impact.Table of ContentsNew Perspectives on the Structure of Transnational Criminal Justice  Mikkel Jarle Christensen and Neil Boister  Transnational Criminal Justice: Its Politics and Practices  I Politics, Law and Social Dynamics  II Structure of the Special Issue The ‘Bad Global Citizen’, ‘Naked’, in the ‘Transnational Penal Space’  Neil Boister  Abstract  Keywords  Introduction  I The Transnational Criminal as a ‘Bad Global Citizen’  II The Mechanics of Creating a Transnational Penal Space  III The ‘Bad Global Citizen’, ‘Naked’ in the ‘Transnational Penal Space’  IV ‘Global Citizenship’ for ‘Bad Global Citizens’  Conclusion: Why Bother with the ‘Bad Global Citizen’? Treaty Monitoring and Compliance in the Field of Transnational Criminal Law  Cecily Rose  Abstract  Keywords  I Introduction  II The Relative Paucity of Treaty Monitoring in the Transnational Criminal Law Field  III Possible Explanations for the Relative Absence of Treaty Monitoring in the Field of Transnational Criminal Law  IV Some Concluding Observations on the Implications of Sparse Monitoring of Transnational Criminal Law Treaties Transnational Organization, Transnational Law and the Ambiguity of Interpol in a World Ruled with Law  James Sheptycki  Abstract  Keywords  Introduction  I The Constitution of Interpol  II The Commission for the Control of Interpol’s Files  III Interpol Organization and the Red Notice System  IV Conclusion: Transnational Legal Orders as Transnational Rule with Law  Acknowledgements The Social Structure of Transnational Criminal Justice: A Cluster of Spaces beyond National Borders  Mikkel Jarle Christensen  Abstract  Keywords  Introduction  I Theoretical Perspective and Empirical Material  II From International to Transnational Criminal Law and Justice  III The Social Structure of Transnational Criminal Justice  IV The Structure and Effects of the Four Spaces of Practice  Concluding Remarks

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Book SynopsisLaunched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.Table of ContentsFoundation for the Development of International Law in Asia (DILA) Editorial Note  Seokwoo Lee and Hee Eun Lee Peaceful Uses of East Asian Seas: An Editorial Note  Keyuan Zou Maintaining Maritime Peace and the Law of the Sea 1  Peaceful Use of the Sea and the Rule of Law  Miyoshi Masahiro 2  Peaceful Proposals and Maritime Cooperation between Mainland China, Japan, and Taiwan in the East China Sea: Progress Made and Challenges Ahead  Yann-huei Song 3  The South China Sea Disputes: An Opportunity for the Cross Taiwan Strait Relationship  Yen-Chiang Chang Peaceful Uses of Marine Resources 4  Management of Fishery Resources: A Starting Point towards Cooperation in the East China Sea  Kuan-Hsiung Wang 5  Framework for the Joint Development of Hydrocarbon Resources  Robert Beckman and Leonardo Bernard 6  The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Co-operative Arrangements in the East China Sea Region  David M. Ong 7  Joint Development in the South China Sea: Is the Time Ripe?  Jianwei Li and Pingping Chen Promotion of Marine Scientific Research for Peace 8  Peaceful Use of the Sea and Military Intelligence Gathering in the EEZ  Keyuan Zou 9  Marine Data Collection: US Perspectives  J Ashley Roach 10  Voluntary Observing Ship and Marine Scientific Research under the Law of the Sea  Hong Chang Peaceful Means for Maritime Dispute Resolution 11  Unilateral Actions and the Rule of Law in Maritime Boundary Disputes  Anne Hsiu-An Hsiao 12 Search and Rescue as an Enabler to Stimulate Cooperation in Areas of Tension  Erik Franckx 13 Natural Prolongation and Delimitation of the Continental Shelf beyond 200 nm: the Bangladesh/Myanmar Case  Yao Huang and Xuexia Liao 14 China’s Air Defence Identification Zone: Towards a Crystallization of a New International Custom  Matthias Vanhullebusch 15  Indonesia’s Practice in Combatting Illegal Fishing: 2015–2016  Arie Afriansyah 16  Participation in Multilateral Treaties  Karin Arts 17  State Practice of Asian Countries in International Law 1  Bangladesh 2  Japan 3  Korea 4  Malaysia 5  Philippines 6  Singapore 7  Thailand 8  Vietnam 18  Book Review  Sangmin Shim 19  International Law in Asia: A Bibliographic Survey—2016  Dila Events 20  2016 DILA International Conference and 2016 DILA Academy and Workshop  Seokwoo Lee and Hee Eun Lee

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Book SynopsisIn Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai explore the fundamental principles of evidence and how these principles relate to burden of proof and standard of proof. By tracing the applications of major principles recognized by the International Court of Justice and applied by investor-state tribunal jurisprudence, the authors offer valuable insight into the interpretation, understanding, and nuances of indispensable principles of evidence, an area that has been ignored in both investor-state arbitration and public international law more generally.Table of ContentsPrinciples of Evidence in Public International Law as Applied by Investor-State Tribunals: Burden and Standard of Proof  Kabir Duggal and Wendy W. Cai  Abstract  Keywords  I Introduction  II Burden of Proof  III Standard of Proof  IV Conclusion  Acknowledgements  Bibliography

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Book SynopsisThis 28-chapter volume brings together academics and practitioners to provide a comprehensive legal, economic and political analysis of the Belt and Road (BRI) initiative that has emerged since 2013 as a key feature of China’s international economic policy. It offers a fundamentally novel approach towards international trade, investment and global governance in an unsettled time of shifting geopolitics when many institutions developed in the West are being called into question. The book covers a broad range of BRI-related international economic law and policy issues, including trade facilitation and connectivity, economics and geopolitics of new trade routes, foreign direct investment law, bilateral investment treaties, free trade agreements, financing of infrastructure, development aid, international dispute resolution, and regional economic integration.Trade Review"This book is essential reading for anyone who wants to better understand the Belt and Road Initiative and how it will define law, economics, and politics in the years to come." - Patrick W. Pearsall, Fmr. Chief of Investment Arbitration, United States of America "This is a big book on a very big subject. The editors have assembled informative and cogent essays on four broad aspects of the BRI. They are: the geopolitical dynamics that shape the BRI; the thrust of outward investment from China through the BRI; the facilitation of international trade in the BRI region; and the emerging mechanisms for dispute resolution and commercial mediation. Half of the chapters were published previously and deserve wider spread, and half are written new for this book. [..] Even discounting for inevitable hype about the BRI, this signature global initiative by China will likely be a very consequential feature of the emerging global economic system in the 21st century. If you want to get your mind around this massive project, this is the book you need to have in your hand. Highly recommend." - Glenn Shive Ph.D, Executive Director, Hong Kong America CenterTable of ContentsList of Abbreviations List of Figures and Tables Notes on Contributors 1Introduction  Julien Chaisse and Jędrzej Górski Part 1: The Foundations of the Belt and Road Initiative 2One Belt One Road (“obor”) Roadmaps: The Legal and Policy Frameworks  Donald J. Lewis and Diana Moise 3The Political Economy of obor and the Global Economic Center of Gravity  Usman W. Chohan 4The obor Global Geopolitical Drive: The Chinese Access Security Strategy  Francisco José Leandro 5It is Not the End of History: The Financing Institutions of the Belt and Road Initiative and the Bretton Woods System  Maria Adele Carrai 6Northern Sea Route: An Alternative Transport Corridor within China’s Belt and Road Initiative  Vasilii Erokhin and Gao Tianming 7The Effect of the “Belt and Road Initiative” on along Countries’ Employment  LU Yue, JIA Yingqi and TU Xinquan 8Challenges and possible responses of the Eurasian Economic Union to the Belt and Road Initiative  Alexander Mikhaylenko Part 2: Towards the Expansion of Chinese Outward Investment 9What is One Belt One Road? A Surplus Recycling Mechanism Approach  Usman W. Chohan 10The International Investment Agreement Network under the “Belt and Road” Initiative  Anna Chuwen Dai 11Paving the Silk Road bit by bit: An Analysis of Investment Protection for Chinese Infrastructure \ Projects under the Belt & Road Initiative  LAI Huaxia and Gabriel M. Lentner 12The Role of Chinese State-Owned Investors and obor-Related Investments in Europe: The Implication of the China-EU bit  YIN Wei 13National Security Review of Chinese Foreign Direct Investment (‘fdi’) into the Cooperation Council for the Arab States of the Gulf (‘gcc’): Challenges and Opportunities  Bashar H. Malkawi and Joel Slawotsky 14A Domestic National Controls a Foreign Investor in Investment Arbitration: In Light of China’s Negative Lists  ZHANG Anran Part 3: The International Trade Issues of the bri 15“Unimpeded Trade” in Central Asia – A Trade Facilitation Challenge  Joanne Waters 16One Belt, One Road Initiative into a New Regional Trade Agreement: Implication to the wto Dispute Settlement System  Sungjin Kang 17bri Initiative: A New Model of Development Aid?  Tymoteusz Chajdas 18Turning doors – Piracy, Technology and Maritime security along the Maritime Silk Road  Helen Tung 19Infrastructure Investments: Port, Rail, and International Economic Rules  Karlok Carlos Li and Julien Chaisse 20Development Banks as Environmental Governance Actors: The aiib’s Power to Promote Green Growth  Flavia Marisi 21Stakes and Prospects of the Right to Free, Prior & Informed Consent in ‘One Belt One Road’ Projects in the Context of Transnational Investment Law and Arbitration  Anna Aseeva and YIP Ka Lok 22Central and Eastern Europe, Group 16+1 and One Belt One Road: The Case of 2016 Sino-Polish Comprehensive Strategic Partnership  Jędrzej Górski Part 4: bri Dispute Resolution: Directions for the Future 23Some Considerations on the Civil, Commercial and Investment Dispute Settlement Mechanisms between China and the Other Belt and Road Countries  ZHU Weidong 24International Commercial Mediation, an Opportunity for obor  Giovanni Matteucci 25Energy Dispute Settlement and the One Belt One Road Initiative (‘obor’)  MA Sai 26The Energy Charter Treaty and Central Asia: Setting an International Standard for Energy-Related Disputes  Maria Bun 27Central Asian Investment Arbitration and obor – Learning from the Current Investment Climate  Mariel Dimsey 28China’s Maritime Silk Road and the Future of African Arbitration  Aweis Osman Index

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Book SynopsisThe BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.Table of ContentsAcknowledgements Abbreviations Contributors 1 Introduction  Congyan Cai and Yifei Wang 2 Investment Facilitation and the Contribution of the Brazilian Approach to the Reform of the Investment Treaties Regime  Felipe Hees and Henrique Choer Moraes 3 Russia’s Foreign Investment Policy: Recent Developments and Future Trends in Terra (In)Cognita  Dmitry K. Labin and Alena V. Soloveva 4 India’s Investment Treaties: How an Emerging Economic Giant Makes International Commitments  Xiaoxia Lin 5 The “Belt & Road” Initiative and the New Landscape of China’s ISDS Policy and Practice  Huiping Chen 6 Investor Protection in South Africa – Eroded Bit by Bit?  Engela C. Schlemmer 7 Recalibrating Policy Space in Bilateral Investment Treaties: Is There a Common B(R)ICS Approach?  Andreas Buser 8 Investment Barriers, Investment Facilitation and the BRICS Countries’ Investment Treaty Policies and Practice  Xiuyan Fei 9 Conclusion  Congyan Cai

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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, cross-strait relations and Taiwan's New Southbound Policy. Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.twTable of ContentsPreface xiii  Ying-jeou Ma Essay  Some Personal Reflections about Getting Started as an International Lawyer  James A.R. Nafziger Articles  Breaking the Silence of the Executive: The Residual Role of the Common Law Courts in the Determination of Statehood  Michael Hwang S.C. and Lim Si Cheng  Sovereignty over Dokdo as Interpreted and Evaluated from the Korean-Japanese Exchanges of Notes Verbale (1952–1965)  Hyun-jin Park  Roles and Functions of Official Transitional Justice Mechanisms in the Asia-Pacific Region in the Development of International Law  Yasue Mochizuki  Third Parties and Insular Features After the South China Sea Arbitration  Brian McGarry  “Recognition” of Governments by International Organizations – The Example of the UN General Assembly and Asian States  Agata Kleczkowska Special Report  Coming “Inside”: An Analysis of Visa Waiver Privileges for Domiciled ROC (Taiwan) Citizens with Reference to the United States  Wei Zheng Toh    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  IInternational Law in General  Foreign Policy Report, 9th Congress of the Legislative Yuan, 3nd Session (March 6, 2017)  President Tsai’s Remarks at 2017 Asia-Pacific Security Dialogue  Foreign Policy Report, 9th Congress of the Legislative Yuan, 4th Session (October 2, 2017)  IISubjects of International Law  IIIInternational Organizations  Republic of China (Taiwan) and Intergovernmental Organizations  mofa Expresses Deep Regret and Dissatisfaction that Taiwan Not Yet Invited to WHA  Republic of China (Taiwan) Rejects WHO Characterization of Its Participation in World Health Assembly and Expresses Its Strong Dissatisfaction to WHO Secretariat  roc Government’s Position on Mainland Chinese Interference with Taiwan’s Participation in WHA  mofa Grateful to ROC Diplomatic Allies, Partner Countries for Staunch Support of Taiwan’s 2017 WHA Participation  The Government Again Intensely Protests Mainland China’s Improper Obstruction of Taiwan’s Participation in this Year’s WHA  roc Government Announces Details of 2017 Campaign for UN Participation  President Tsai Selects James Soong as Her Leader’s Representative for 2017 APEC Economic Leaders’ Week  Leader’s Representative James Soong Explains Results Achieved by ROC Delegation during 25th APEC Economic Leaders’ Week  IVIndividuals  Judicial Yuan (May 24, 2017) Interpretation No. 748  Freedom of Marriage, Right to Equality, Same-Sex Marriage  Taiwan High Court Criminal Judgment (June 30, 2017) 106 Shan-Yi-Zi 752  iccpr, icescr, Opportunity of Appellate Relief, Principle of Dualism  Taiwan High Court Tainan Branch Court Criminal Ruling (June 30, 2017) 106 Sheng-Geng-(Yi)-Zi 526  Custody in Mainland China, Direct Repatriation, ICCPR, Sentence Reduced for Time Served in Detention  Secretary-General, Judicial Yuan (September 26, 2017) Mi-Tai-Ting-Min-Yi-Zi 1060021888  Act for the Application of Law in Civil Cases Involving Foreign Elements, Same-Sex Marriage  President Tsai Attends Review Meeting of the ROC’s Initial Report under the Convention on the Rights of the Child  Review Meetings of the ROC’s Initial Report under the Convention on the Right of Persons with Disabilities  Review Meetings of the ROC’s Initial Report under the Convention on the Rights of the Child  VTerritory and Territorial Jurisdiction  VIState Responsibility  VIIThe Law of the Sea, Environment, Health, and Aviation  Taiwan and the Philippines Bolster Law Enforcement Cooperation in Fisheries  Taiwan and Belgium’s Flanders Sign MOU on Sustainable Energy Cooperation  VIIIThe Law of Treaties  IXDiplomatic, Consular, and Similar Relations  New Southbound Policy Develops Talent for Mutual Benefit  New Southbound Policy Paying Early Dividends  Presidential Office Statement on Termination of Diplomatic Relations with Panama  mofa Statement on Termination of Diplomatic Relations with Panama  XPeaceful Settlement of International Disputes  XIArms Control, Use of Force, and International Criminal Law  roc Government Condemns Provocative North Korean Nuclear Test  Investigation Bureau, Ministry of Justice (September 8, 2017) Diao-Qian-Er-Zi 10635557890  Sanctions, South Sudan, United Nations Security Council, United States  Presidential Office Statement on Latest Missile Test by North Korea  Ministry of Economic Affairs, Ministry of Justice (September 25, 2017) Jing-Mao-Zi 10604604680  Foreign Trade Act, North Korea, Nuclear Tests, Sanctions, United Nations  Investigation Bureau, Ministry of Justice (November 8, 2017) Diao-Qian-Er-Zi 10635571730  Financing of Terrorism, Iran, Money Laundering, North Korea  Presidential Office Statement on Missile Test by North Korea  XIIInternational Economic Relations  Taiwan and Finland Sign Cooperation Arrangement on Customs Fraud  Taiwan Prevails as WTO Adopts Panel Report Finding Canada’s Anti-Dumping Measures Inconsistent with WTO Rules  Republic of China and the Holy See Sign MOU on Cooperation in Exchange of Financial Intelligence  Taiwan Partners with 70 WTO Members to Promote E-Commerce  XIIIPrivate International Law  Taiwan High Court Civil Ruling (November 9, 2017) 106 Fei-Kang-Zi 116  Czech Republic, Principle of Reciprocity, Recognition of a Foreign Arbitration Award  Taiwan High Court Civil Ruling (December 7, 2017) 106 Fei-Kang-Zi 115  Arbitration Notices, Procedural Rights, Public Order and Good Morals, Recognition of Arbitration Award, Shanghai Arbitration Commission  XIVCross-Strait Relations  mac Letter of Interpretation Clarifying Questions over Civil Servants Transferring Flights and the Application of the Cross-Strait Act  mac Solemnly Protests Unilateral Change of the “Chinese Taipei” Team Name by the Mainland Chinese Media at the Asian Table Tennis Championships 2017  President Tsai Attends Opening of Symposium on 30 Years of Cross-Strait Exchanges and Prospects for the Future  Amendments to Article 29–1 of the Act Governing Relations with Hong Kong and Macao Provide a Legal Basis for Taiwan to Sign Agreements Related to Mutual Tax Exemption on Sea and Air Transportation with Hong Kong and Macao  Deportations of Fraud Suspects to Mainland China  mac Solemnly Protests the Deportation from Vietnam to Mainland China of ROC Nationals Involved in Telecommunications Fraud  mac Calls for Cross-Strait Cooperation to Prevent Cross-Border Telecommunications Fraud  mac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications Fraud  mac Solemnly Protests the Deportation from Indonesia to Mainland China of ROC Nationals Involved in Telecommunications Fraud  ROC Solemnly Protests the Deportation from Malaysia and Cambodia to Mainland China of roc Nationals Involved in Telecommunications Fraud 291  mac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications Fraud  Press Reference Material Regarding the Spanish Judicial Decision to Deport ROC Nationals Suspected of Telecommunications Fraud in Spain to Mainland China  mac’s Response to the Mainland Ruling in the Kenya Case  Case of Li Ming-che  mac Calls on Mainland China to Provide Explanation on the Li Ming-che Case  mac Calls on Mainland China to Reflect on the Important Historic Lessons of the Tiananmen Square Incident  mac Calls on the Mainland to Handle the Li Ming-che Case in Accordance with the Universal Value of Human Rights  XVOthers    Compiled by Chun-i Chen, Pasha L. Hsieh, and Kai-Chih Chang        Memorandum of Understanding between Chinese Taipei and the Asia-Pacific Economic Cooperation Secretariat Concerning Contributions to the APEC Support Fund and APEC Policy Support Unit    Arrangement on Cooperation between the Taiwan Customs Service and the Finnish Customs Service to Combat Customs Fraud    Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Information Authority (“Autorita’ di Informazione FinanZiaria”- “AIF”) of the Holy See Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing    Agreement between the Taiwan-Japan Relations Association and the Japan-Taiwan Exchange Association on Cooperation and Mutual Assistance in Customs Matters    Agreement between the Ministry of the Interior of the Republic of China (Taiwan) and the Ministry of State of the Republic of Palau Concerning Cooperation in Immigration Affairs and Human Trafficking Prevention  St. Vincent and the Grenadines  Agreement between the Republic of China (Taiwan) and St. Vincent and the Grenadines on Police Cooperation Index Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs

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Book SynopsisInternational Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period. Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline. Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.Table of Contents Introduction   Randall Lesaffer and Inge Van Hulle Part 1: International Law and Revolution 1 Napoleon 1814–1815: A Small Issue of Status   James Crawford 2 The Law of Nations and the Common Law of Europe: The Case of Edmund Burke   Camilla Boisen 3 Uneasy Neutrality: Britain and the Greek War of Independence (1821–1832)   Viktorija Jakjimovska Part 2: International Law and Empire 4 Equality of Non-European Nations in International Law   Andrew Fitzmaurice 5 British Humanitarianism, International Law and Human Sacrifice in West Africa   Inge Van Hulle 6 The Mahmoud Ben Ayad Case and the Transformation of International Law   Raphael Cahen 7 Public-Private Colonialism: Extraterritoriality in the Shanghai International Settlement   Stefan Kroll Part 3: The Rise of Modern International Law 8 Permanent Neutrality or Permanent Insecurity? Obligation and Self-Interest in the Defence of Belgian Neutrality, 1830–1870   Frederik Dhondt 9 The Role of Comparative Law in the Development of Modern Private International Law (1750–1914)   Ana Delic 10 The Institute of International Law’s Crisis in the Wake of the Franco-Prussian War (1873–1899)   Vincent Genin

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Book SynopsisThe mission of the The Italian Yearbook of International Law is to make available to the English speaking public the Italian contribution to the literature and practice of international law. Volume XXVII of the Italian Yearbook of International Law features a Symposium on sanctions and restrictive measures in international law. There follows a Focus section on the ILC’s work on the identification of customary international law. As in every volume the following sections, each containing a wealth of new information, are included: Notes and Comments; Practice of International Courts and Tribunals; notes and reports on the most recent Italian practice of international law; as well as indices and book reviews.

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Book SynopsisRecognising the role science plays at a national level and identifying a state’s national diplomatic style can help to construct a ‘national style’ in science diplomacy. Different national styles affect competition between major powers and their shared responsibil-ity for global problems.Table of ContentsNational Styles in Science, Diplomacy, and Science Diplomacy: A Case Study of the United Nations Security Council P5 Countries  Olga Krasnyak  Abstract  Keywords  Part 1  Introduction: Science Diplomacy in the Making  1 Outline of the Study  2 Science Diplomacy in a Realism Loop  3 National Style and Global Governance  Part 2  4 United Kingdom  5 France  6 The United States  7 Russia  8 China  Conclusion: Science Diplomacy in Perspective  Acknowledgement  References

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Book SynopsisAn effective capital markets industry has existed in South Africa for over 120 years. As recently as 2015, South Africa was considered the best regulator of securities in the world. The fall out from the GFC contained lessons for all markets, but not to the same extent. In the pursuit of G20 inspired conformity, aspects of the South African reform agenda may therefore appear replicative of initiatives in other jurisdictions and, consequently, uncritical in parts. In light of the fall to forty sixth place in the world in securities regulation ranking and some uncertainty in respect of the extent and shape of the reform process, C. King Chanetsa reviews activities in South Africa along the busy securities and capital markets value chain, and considers the continuing and emerging regulatory and supervisory framework.Table of ContentsSecurities and Capital Markets Regulation in South Africa A Contemporary View  C. King Chanetsa  Abstract  Keywords  Introduction  PART A – Regulation  PART B – Supervision  Conclusion  Acknowledgements  Bibliography

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Book SynopsisIn 2012, the UK introduced the ‘Preventing Sexual Violence Initiative’. This paper examines whether it is actually possible to prevent sexual violence being employed as a weapon of war against women, men and children. It assesses existing prevention strategies, uses Daesh as a case study – to illustrate the limitations of the current approaches – and considers additional measures. The paper concludes that it is possible to prevent sexual violence in war, provided that all appropriate measures are harnessed and adapted to the specific circumstances of each conflict. It will, though, require improvements to existing strategies, the use of additional prevention measures, more resources and long-term engagement of all actors.Trade ReviewEuroISME’s thesis of the year 2017

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Book SynopsisIn the only analysis of its kind, Dr. Maria-Vittoria “Giugi” Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator’s liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state. Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.Table of ContentsAcknowledgments List of Abbreviations Introduction 1 US Law Trinity: Common Law, Statutory Law, and Contractual Law 2 Utility of the Inquiry  3Structure of the Work 1 The Risks of Commercial Human Spaceflight  1 Market Size and Loss Exposure  2 The Risks of Spaceflight to SFPs and Crewmembers.9  3 Conclusion 2 A Review of Liability Exposure and Ways to Manage It  1 The Existence of Liability (Otherwise Known as the Existence of Legally Attributed Accountability)  2 Parties: Who are the Plaintiffs? Who are the Defendants?  3 Defenses: Affirmative and Otherwise  4 Assumption of the Risk, Whatever That Means  5 Conclusion 3 Federal Legislation and Commercial Space  1 Commercial Space Licensing  2 Maximum Probable Loss  3 Federal Informed Consent  4 Federal Jurisdiction  5 Federal Cross-Waivers  6 What Does “Gross Negligence” Mean?  7 Conclusion 4 Federal Jurisprudence and Commercial Space  1 Understanding the Boundaries of Federal Jurisdiction  2 The Federal Jurisdictional Gap  3 Federal Preemption of State Statutes  4 The Nature of Federal Jurisdiction  5 Federal Contractual Choice-of-Law  6 Conclusion 5 Federal Choice-of-Law for Disputes Outside Federal Jurisdiction  1 Federal Supremacy v. State Sovereignty  2 Federal Law of Torts  3 Federal Choice-of-law Analyses: State v. Federal, State v. State  4 Interpretation of Federal Waivers under Federal Law  5 Conclusion 6 Exculpatory Agreements in Space Friendly States  1 The Complicated World of “Express” Assumption of the Risk  2 Waiver-Enforcement for Claims Brought by Heirs: General Overview  3 Avoiding Claims by Heirs via Statute: Following the Letter of the Law  4 Waiver-Enforcement between the Injured Party and the Operator Directly: a State-by-State Analysis  5 Conclusion 7 Express Assumption of Risk in Non-Space-Friendly States  1 Alaska  2 Arkansas  3 Connecticut  4 Georgia  5 Hawai’i  6 Idaho  7 Illinois  8 Kentucky  9 Michigan  10 Minnesota  11 Mississippi  12 Missouri  13 Nebraska  14 New Jersey  15 New York  16 North Dakota  17 Ohio  18 Oregon  19 Pennsylvania  20 South Carolina  21 Utah  22 Vermont  23 Wyoming  24 Conclusion 8 Statutes Limiting Liability for Space Activities  1 Spaceflight Entity  2 Participants or SFPs  3 Spaceflight Activities  4 The Degree of Culpability Immunized  5 Statutory Requirements of the Space Activities Statutes  6 Conclusion 9 Statutes Limiting Liability in Space Friendly States  1 Arizona  2 California  3 Colorado  4 Florida  5 New Mexico  6 Oklahoma  7 Texas  8 Virginia  9 Conclusion 10 Implied Assumption of Risk in Space Friendly States  1 Defenses in Tort: Contributory Negligence, Assumption of the Risk and Comparative Negligence  2 Assumption of the Risk’s Vexed Jurisprudence  3 State Law’s Continued Relevance  4 Conclusion 11 Medical Malpractice Suits against a Commercial Space Physician and the CHSF Operator by Co-employees and/or SFPS  1 Sources of Liability for CHSF Operators Employing CHSF Physicians  2 The Sources of Duty between the SFP/Crewmembers and CHSF Physicians: a Question of Scope  3 Physicians and CHSF Operators: Why have a Physician at All?  4 Crew and SFPS—Different Roles, Different Statuses  5 SFPs and CHSF Physicians  6 The Physician as an “Agent” of the Commercial Spaceflight Operator  7 Crewmembers and the CHSF Physicians: Co-employee Immunity  8 Conclusion Conclusion  1 The Phases of Spaceflight  2 Navigating the Fragmented Landscape of US Jurisprudence  3 The Federal Framework: From Federal Legislation to Federal Common Law  4 Express Assumption of the Risk: Drafting is Key!  5 Space Activities Statutes: What is Left after the Dust Settles?  6 Muddling Through the Defense of Implied Assumption of the Risk  7 What’s Up Doc? Aerospace Medicine Physicians within the Spaceflight Framework  8 Closing Remarks Bibliography Appendix Index

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Book SynopsisIn NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.Table of ContentsAcknowledgements List of Abbreviations 1 Introduction  1.1 Background and Purpose  1.2 nato<\sc> Rules of Engagement  1.3 Scope  1.4 Sources and Methodology  1.5 The Structure of the Book Part 1 The Point of Departure: nato<\sc> Rules of Engagement 2 Rules of Engagement: Introduction, Development and Use  2.1 Introduction  2.2 Analysing roe<\sc>: Definition, Scope and Form, and Legal Status  2.3 The History of Mission-Specific Rules of Engagement  2.4 roe<\sc> Development  2.5 roe<\sc> as a Tool for Command and Control  2.6 Conclusions 3 ‘Use of force’ Categories in nato roe Doctrine  3.1 Introduction  3.2 The Use of Force in Self-Defence  3.3 The Use of Force in Response to an Attack or Imminent Attack by Opposing Forces  3.4 The Use of Force to Accomplish Designated Tasks  3.5 Attack in Response to Hostile Act and Hostile Intent as Defined by Nato<\sc>  3.6 Attack on Forces ‘declared hostile’ Part 2 “Otherwise Lawful Use of Force”: the Law Regulating the Use of Force during Armed Conflict 4 Introduction: the Search for a Legal Basis  4.1 The Lotus Principle, Human Rights, and the Relevance of the Relationship between the jus ad bellum and jus in bello<\i>  4.2 The Right to Life and Prohibition on Arbitrary Deprivation of Life  4.3 The Relationship between the jus ad bellum and the jus in bello: Related in Fact, but Not in Law  4.4 When Does What Apply? On lex specialis<\i>  4.5 Conclusion: Two Main Legal Bases for the Use of Force 5 The Law of Armed Conflict  5.1 Introduction  5.2 Who Is a Lawful Target  5.3 What Does It Entail to Be a Lawful Target  5.4 Identification of Lawful Targets: Precautions in Attack and the Issue of Doubt  5.5 Carrying Out Attacks 6 Self-Defence  6.1 Introduction  6.2 State Self-Defence  6.3 Personal Self-Defence  6.4 Conclusion Part 3 Operational ‘use of force’ Categories and their Corresponding Legal Bases: What May Legally Be Authorised? 7 Introduction to Part 3 8 The Use of Force in Self-Defence during Armed Conflict: a Legal Analysis of the Various Concepts of Self-Defence  8.1 Overview  8.2 The Use of Force in Personal Self-Defence by Military Forces during Armed Conflict  8.3 Operational Concepts of Self-Defence  8.4 Conclusions on the Relevance of Self-Defence as a Legal Basis for Use of Force during Armed Conflict Operations 9 The Use of Force by nato<\sc> Forces in Response to Attacks or Imminent Attacks by Opposing Forces 10 When May Force be Used to Accomplish Designated Tasks? 11 nato<\sc> Hostile Intent and Hostile Act roe: Applicable Law and Its Consequences  11.1 ‘hostile act’ and ‘hostile intent’ as Operationalisation of dph<\sc>  11.2 nato<\sc> Hostile Act and Hostile Intent roe and Customary Law  11.3 Conclusions on the Relationship between the nato<\sc> Hostile Act and Hostile Intent roe<\sc> and dph<\sc>  11.4 ‘Attack’ 12 The Use of Force in an Attack on Forces ‘declared hostile’ and Applicable Law  12.1 Forces ‘declared hostile’  12.2 ‘attack’ and The Role of Targeting Procedures Part 4 Conclusions and Proposals 13 Conclusions and Proposals  13.1 nato roe<\sc> and the Legal Basis for the Use of Force  13.2 The Need for a Holistic and Uniform Approach to roe<\sc>  13.3 The Relationship between Self-Defence, loac<\sc> and roe<\sc> Bibliography Index

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Book SynopsisThe Australian Year Book of International Law focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 36 features an Agora on the 2018 Timor Sea Treaty and Conciliation between Australia and Timor Leste.Table of ContentsPart 1: Kirby Lecture in International Law 2018 The Duality of Water: Conflict or Co-operation  Hon Justice Melissa Perry Part 2: Timor Sea Treaty Agora The Timor Sea Treaty: An Australian Perspective  Ben Huntley, Amelia Telec and Justin Whyatt The Timor Sea Conciliation and Treaty: Timor-Leste’s Perspective  Elizabeth Exposto A ‘New ’ in Australia–Timor Bilateral Relations? Assessing the Politics of the Timor Sea Maritime Boundary Treaty  Rebecca Strating Maritime Boundary Delimitation by Conciliation  Yoshifumi Tanaka Part 3: Articles Slavery and Its Obligations Erga Omnes  Jean Allain Social Protection as Dialogue in Transnational Legal Ordering  Jennifer Daphne Lim Australia’s Journey to Ratification of the ICESCR and ICCPR  Annemarie Devereux Part 4: Notes Mining on Celestial Bodies: The Equitable Distribution of Benefits Doctrine and Distributive Justice  Melanie K Saunders Book Reviews: Edited by Sarah McCosker General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes  Charles T Kotoby Jr and Luke A Sobata (Imogen Saunders) Origins of the Right of Self Defence in International Law: From the Caroline Incident to the United Nations Charter  Tadashi Mori (R Scott Adams) The Law of Armed Conflict and the Use of Force: the Max Planck Encyclopedia of Public International Law  Frauke Lachenmann and Rüdiger Wolfrum (eds) (Szabina Horvath) The Justice Facade: Trials of Transition in Cambodia  Alexander Laban Hinton (Thomas Wooden) Landmark Cases in Public International Law  Eirik Bjorge and Cameron Miles (Molly Thomas) Part 5: Regular Features Cases before Australian Courts and Tribunals concerning Questions of Public International Law 2017  Alison Pert, Charlotte Ball, Patricia Carmelo de Souza, Callum Christodoulou, Ashley Kelaita, Ruijian Luo, Meg Winton and Simone Zhao Cases before International Courts and Tribunals concerning Questions of Public International Law Involving Australia 2017  Alison Pert, Callum Christodoulou, Nicholas Gowland, Ashley Kelaita, Ruijian Luo and Meg Winton Australian Legislation concerning Matters of International Law 2017  Frances Anggadi, Benjamin Huntley, Rhianna Benjamin, Lauren Burke, Sarah Grant, Andrea Gronke, Tess Kluckow, Alicia Lewis, Trina Malone, Pranamie Mandalawatta, Holly Matley, Alex Norris, Kate O’Connell, Amparo Santiago, Lucy Sargeson and Ashlee Uren Australian Practice in International Law 2017  Compiled and Edited by Kirsten Storey and Laura Wilson Australian Treaty Action 2017 Table of Cases Table of Statutes Table of International Instruments

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Book SynopsisJus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question “is restraint in war essential for a just and lasting peace”? With a foreword by Professor Brian Orend who asserts this as “a most commendable subject” in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.Table of ContentsForeword: A most Commendable Subject: Justice After War  Brian Orend Preface: Restraint in War: Essential for a Just Peace?  Benoit Royal Notes on Contributors Part 1: General: War and Peace 1 Jus Post Bellum Frigidum: A Kantian Idealistic Critique of Three Decades of Post-Cold War Global Security  Edwin R. Micewski 2 Causation, Luck, and Restraint in War  Florian Demont-Biaggi 3 Τhe Ancient Greek Ἄγος (Agos) and the Warrior Ethos  Evaggelia Kiosi Part 2: Just War and the Causes of Peace 4 Fighting Well for a Just Peace? Exploring the in Bello/post bellum Dependence Thesis  Carl Ceulemans 5 Exploring the Relationship between jus ad bellum and jus post bellum  Lonneke Peperkamp 6 In Our Obedience to Jus Post Bellum, could Respect for Jus in Bello Require Us to be Machiavellian?  Marie-des-Neiges Ruffo de Calabre 7 What of Jus Post bellum if Just War Theory Rests on a Category mistake?  Boris Kashnikov Part 3: Reconciliation Root and Branch 8 Fostering Reconcilation as a Goal of Military Endeavour  Nigel Biggar 9 Counter-intuition in a Violent and Retro-futuristic World: A Rejoinder to the ICRC ‘Roots of Restraint in War’ Research  Patrick Mileham 10 Dayton Peace Agreement for Bosnia and Herzegovina – Jus Post Bellum: A Choice between Stability and Change  Srđan Starčević and Ilija Kajtez 11 Colombia’s Fuerza Pública (Security Forces) in the Special Jurisdiction for Peace: Special Treatment or Preferential Treatment?  Camila Andrea Santamaría Chavarro, Diana Isabel Güiza Gómez and Rodrigo Uprimny Yepes 12 Safeguarding and Preserving Identity in War and Peace: A Moral and Military Necessity and a Resource for Reconciliation  Joris D. Kila Part 4: War Fighting and Peace Generating 13 Restraint: Dutch Soldiers’ Point of View, ISAF Afghanistan 2006–2010  Jan Peter van Bruggen 14 Towards Jus Post Bellum – ‘Ethical Warfare’ for Stabilisation in Iraq and Afghanistan  Dennis Vincent 15 Paramilitary Organizations and Private Military Companies in War: How to Restrain What You Do Not Control?  Dragan Stanar 16 The Dichotomy of Training and War: Making Sense of Soldiers’ Activities  Juha Mäkinen 17 The Ethics of Stabilisation and Security: Principles for Jus Post Bellum – United Kingdom Seminar Proceedings  Patrick Mileham Index

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Book SynopsisVolume 36 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2018. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific. Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw.Table of ContentsContents Preface  Ying-jeou Ma Figures Articles Economics and International Law: Closer Alignment through Greater Analytical Diversity?  Roda Mushkat Transnational Corporate Governance Codes: Lessons from Regulating Related Party Transactions in Hong Kong and Singapore  Christopher Chen & Wai Yee Wan Essays and Special Reports Creative Contacts: Taiwan’s Quest for International Law Enforcement Cooperation  Margaret K. Lewis The Taiwan Travel Act is Legally Binding  Julian G. Ku Taiwan’s Antitrust Leniency Policy and the Framework to Build an Effective Antitrust Compliance Program  Siao-Wun Chiu Belt and Road Dispute Resolution: New Development Trends  Weixia Gu Demystifying China’s International Commercial Court Regime: International or Intra-National?  Huiqin Jiang Book Review Reconceptualizing International Investment Law from the Global South Edited by Fabio Morosini & Michelle Ratton Sanchez Badin, Cambridge University Press (2018), pp  Han-Wei Liu Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law,  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  XV Others Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in  Compiled by Chun-i Chen, Pasha L. Hsieh, and Kai-Chih Chang   Chronological list   Selected Texts   Asia-Pacific Economic Cooperation (APEC)   Eswatini, Kingdom of   Nauru, Republic of   Standards and Metrology Institute for Islamic Countries (SMIIC)   United States Index Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs

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Book SynopsisIn A Critical Appraisal of Initial Coin Offerings: Lifting the “Digital Token’s Veil”, Dominika Nestarcova examines the regulatory treatment of initial coin offerings (‘ICOs’), a novel form of raising capital, where start-up companies issue blockchain-based assets (‘digital tokens’) to the public in return for a payment. The ICO model promises to utilize blockchain technology to enforce financial contracting via the underlying code, thereby substituting the traditional securities regulation. Dominika Nestarcova provides an in-depth analysis of this promise by examining the nature of digital tokens, the process, underlying benefits and risks to the model and the current state of the ICO regulation with an aim to uncover how the self-regulatory promise offered by ICOs lives up the expectations.Table of ContentsA Critical Appraisal of Initial Coin Offerings Lifting the “Digital Token’s Veil”  Dominika Nestarcova  Abstract  Introduction: the Rise of the Crypto-Ecosystem  Part A: ICO Anatomy, Disruption and Benefits  Part B: Risks and Systemic Challenges  Part C: Enforceability and Applicable Legal Regimes  Part D: Token Characterization  Part E: Regulation and Challenges  Conclusion  Appendix

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Book SynopsisListen to the podcast with Philip Drew and Bruce Oswald In Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law, the contributing authors seek to recount, explore, and explain the tragedy that was the Rwanda genocide and the nature of the international community’s entanglement with it. Written by people selected for their personalized knowledge of Rwanda, be it as peacekeepers, aid workers, or members of the ICTR, and/or scholarship that has been clearly influenced by the genocide, this book provides a level of insight, detail and first-hand knowledge about the genocide and its aftermath that is clearly unique. Included amongst the writers are a number of scholars whose research and writings on Rwanda, the United Nations, and genocide are internationally recognized. Contributors are: Major (ret’d) Brent Beardsley, Professor Jean Bou, Professor Jane Boulden, Dr. Emily Crawford, Lieutenant-General the Honourable Romeo Dallaire, Professor Phillip Drew, Professor Mark Drumbl , Professor Jeremy Farrall, Lieutenant-General John Frewen, Dr. Stacey Henderson, Professor Adam Jones, Ambassador Colin Keating, Professor Robert McLaughlin, Linda Melvern, Dr. Melanie O’Brien, Professor Bruce Oswald, Dr. Tamsin Phillipa Paige, Professor David J. Simon, and Professor Andrew Wallis. This book was previously published as Special Issue of the Journal of International Peacekeeping, Volume 22 (2018), Issue 1-4 (published April 2020); with updated Introduction.Table of Contents List of Abbreviations  Notes on Contributors  Foreword–Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law  Lieutenant-General the Honourable Romeo Dallaire  Introduction  Phillip Drew, Jeremy Farrall, Rob McLaughlin, and Bruce Oswald Part 1: Rwanda, UNAMIR and the International Community  1 Rwanda’s Forgotten Years  Reconsidering the Role and Crimes of Akazu 1973–1993  Andrew Wallis  2 Rwanda: the Political Failure of the UN Security Council  Ambassador Colin Keating  3 Wilfully Blind: the Security Council’s Response to Genocide in Rwanda  Tamsin Phillipa Paige  4 Underpowered and Mostly UnwantedA Short History of UNAMIR  Jean Bou  5 Rwanda Revisited: UNAMIR IIAustralian Reflections on the Mission and the Mandate  Lieutenant-General J.J. Frewen  6 UNAMIR: a Deployed Legal Officer’s Retrospective  Bruce ‘Ossie’ Oswald  7 Do Not Intervene: UNAMIR’s Rules of Engagement from the Inside  Phillip Drew and Major (ret’d) Brent Beardsley Part 2: The “G” Word  8 Defining Genocide  Melanie O’Brien  9 Rwanda, the Holocaust, and the Predictable Path to Genocide  Phillip Drew  10 Moral EquivalenceThe Story of Genocide Denial in Rwanda  Linda Melvern  11 Gendering Rwanda Genocide and Post-Genocide  Adam Jones Part 3: Prosecuting Genocide  12 The ICTR and Its Contribution to the Revivification of International Criminal Law  Emily Crawford  13 Post-Genocide Justice in Rwanda  M.A. Drumbl Part 4: Rwanda’s Legacy  14 Rwanda: Lessons Observed. Lessons Learned?  Jane Boulden  15 Some Rules of Engagement Legacies of the  Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda  Rob McLaughlin  16 Rwanda and the RohingyaLearning the Wrong Lessons?  David J. Simon  17 Humanitarian Intervention and R2P  Stacey Henderson

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Book SynopsisFully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.

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Book SynopsisConventional wisdom has it that the successful functioning of the UN Security Council almost completely depends on the role played by its five permanent members and the extent to which they can agree—or avoid to fundamentally disagree—on the many issues on the Council’s agenda. But the Council also consists of ten non-permanent or elected members who represent five different regions of the world, and who, though not vested with the right of veto, play an indispensable role in Council decision-making. This book aims to take a closer look at that role.Table of ContentsForeword  Stef Blok Acknowledgments List of Abbreviations 1 Introduction  Niels Blokker, Nico Schrijver and Sarah Mead Part I: Elected Members: Law and Practice 2 Non-permanent Members of the Security Council: A Charter Perspective  Stephen Mathias and Keiichiro Okimoto 3 Elected Members Today: Overcoming the Handicaps  Ian Martin 4 Campaigning for an Elected Seat in the UN Security Council  Ann-Marie Ekengren and Ulrika Möller 5 More Non-Permanent Members? On the Need for a Second Enlargement of the Security Council  Niels Blokker Part II: Elected Members: Inside and Outside Experiences 6 Pursuing Peace and Justice on the Security Council: The Canadian Experience  Alistair Edgar 7 The Role of Elected Members on the UN Security Council: The New Zealand Experience 2015-16  Gerard van Bohemen 8 The Dutch Approach of Promoting the International Rule of Law and Constructive Multilateralism on the Security Council  Nico Schrijver 9 Belgium in the UN Security Council: Responsibility Without Power?  Jan Wouters and Nina Pineau 10 Representing the European Union at the United Nations: The Security Council Dimension  Thomas Mayr-Harting 11 Serving on the Security Council: More Like Playing Poker than Like Chess  Peter Wilson Part III: Niches for Elected Members 12 What Kind of Rule of Law Should Elected Members Promote?  Alejandro Rodiles 13 Elected Members and Agenda-Setting: The Security Council as Peace Broker  Daniëlla Dam-de Jong 14 Managing the Ebb and Flow of Sanctions Reform: An Important Role for Non-Permanent Members  Jeremy Farrall and Christopher Michaelsen 15 The Office of the Ombudsperson and the Elected Members of the Security Council  Kimberly Prost 16 Environmental Peacebuilding and the UN Security Council  Amanda Kron 17 Non-Permanent Members of the Security Council and International Criminal Justice: A Proposal for Revitalization  Giuseppe Nesi 18 Working from the Outside to Change the Working Methods of the Security Council: Elected Members as a Bridge between the Permanent Members and the Rest of the UN Membership  Christian Wenaweser About the Contributors Table of Treaties Table of Resolutions Presidential Notes and Statements Case Law Index

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Book SynopsisConflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.

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Book SynopsisThe challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework.

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Book SynopsisIn International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.Table of ContentsAcknowledgments List of Abbreviations Introduction  1 Transition to Peace as a Matter of International Law  2 A Framework on the Legal Dimension of Transition: Jus Post Bellum  3 The Relevance of the Colombian Transition  4 Empirical Analysis from the Perspective of niac s  5 Purpose of the Study  6 Methodological Considerations  7 Structure of the Book 1 Jus Post Bellum A Normative Framework for the Transition from Armed Conflict to Peace  1 Approaches to a Definition  1.1 A New Legal Regime  1.2 Ordering System of Norms, Practices, and Discourses  1.3 Interpretative Framework  2 Principles of Jus Post Bellum  3 Temporal and Functional Approach to Jus Post Bellum  4 The Object of Jus Post Bellum  5 Jus Post Bellum and Related Concepts  5.1 Transitional Justice  5.2 Lex Pacificatoria  6 Jus Post Bellum in Non-International Armed Conflicts  7 Conclusions 2 International Law in the Colombian Transition  0 A General Overview of the Colombian Armed Conflict and Its Transition to Peace  0.1 Origin and Evolution of the Armed Conflict  0.2 Transitional Legal Mechanisms in the Ongoing Conflict  0.3 Peace Process and Final Agreement (2012–2016)  1 The Legal Status of the Peace Agreement  1.1 The Discussion on the Domestic or International Legal Status of Internal Peace Agreements  1.2 Formulas of Normative Internationalization of the Colombian Peace Agreement  1.2.1 The Peace Agreement as a Special Agreement under ihl  1.2.2 The Peace Agreement as a Document of the UN Security Council  1.3 Consequences of the Peace Agreement’s International Legal Status  2 Socioeconomic and Political Reforms  2.1 Legal and Policy Framework on Socioeconomic and Political Reforms for Transition to Peace  2.2 Socioeconomic and Political Reforms in the Colombian Peace Agreement  3 Criminal Justice  3.1 Legal Framework on Amnesties and Criminal Responsibility  3.1.1 Amnesties at the End of niac s  3.1.2 The Duty to Prosecute International Crimes  3.2 Conciliating Peace and Justice in Peace Negotiations  3.3 The Colombian Approach: A Negotiated System of Criminal Justice  3.3.1 The Precedent of the Justice and Peace Law  3.3.2 The Special Jurisdiction for Peace  4 Reparations for Victims  4.1 Legal Framework on Reparations for Victims of Armed Conflict  4.1.1 The Right to Reparation in International Law  4.1.2 Reparations for Armed Conflict-related Violations of Human Rights and ihl  4.2 Colombian Approach to Reparations  4.2.1 Judicial Reparation: Justice and Peace Law  4.2.2 Comprehensive Administrative Reparations: Law on Victims and Land Restitution  4.2.3 Reparations in the 2016 Peace Agreement  5 Inclusive Transitions  5.1 Legal Framework on Inclusiveness  5.1.1 On Women and Gender Issues  5.1.2 On Ethnic Minorities Issues  5.1.3 On the Participation of Victims and Civil Society in General  5.2 The Colombian Approach  5.2.1 Differential Approach for the Attention and Reparation of Victims of Armed Conflict  5.2.2 Participation of Victims and Civil Society in the Peace Negotiations  5.2.3 Differential Gender and Ethnic Approaches in the Peace Agreement  6 Conclusions 3 Jus Post Bellum Viewed from the Colombian Transition  1 A Definition of Jus Post Bellum from the Colombian Experience  2 The Formation and Operation of Jus Post Bellum  3 Principles of Jus Post Bellum identified in the Colombian Case  3.1 Reconstruction and Transformation  3.2 Criminal Accountability  3.3 Reparation  3.4 Reconciliation  3.5 Proportionality  3.6 Inclusiveness  3.7 Environmental Protection  4 The Actors of Jus Post Bellum in Colombia  4.1 The Parties in Negotiation  4.2 External Guarantors  4.3 The Colombian Constitutional Court  4.4 The Prosecutor of the International Criminal Court  4.5 The Inter-American System of Human Rights  4.6 Victims and Civil Society Organizations  4.7 Insights on the Type and Role of Actors of Jus Post Bellum  5 The Functions Played by International Law in the Colombian Transition: Possible Functions of Jus Post Bellum?  5.1. Increasing International Legitimacy of Transitional Mechanisms  5.2 Offering Legal Certainty to the Peace Agreement  5.3 Delimitating a Bargaining Zone for Negotiations  5.4 Creating Confidence among the Parties  5.5 Empowering Traditional Marginalized Actors  5.6 Promoting Comprehensiveness in the Guarantee of Rights  5.7 Encouraging the Transformative Role of Transition  5.8 Insights for the General Functions of Jus Post Bellum  6 Conclusions General Conclusions  1 A Summary of the Study  2 The Main Contributions of the Colombian Transition to International Law and to Jus Post Bellum  3 Jus Post Bellum from Theory to Practice: Challenges and Opportunities  4 The Future of Jus Post Bellum Bibliography Index

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Book SynopsisVolume 37 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and comparative law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2019. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.

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Book SynopsisLaunched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 38 features a set of Special Issue papers on the theme of ‘The Backlash against International Law: Australian Perspectives’. These articles originated as papers presented to a June 2019 workshop at the Australian National University (ANU), which launched a global research partnership project between scholars at ANU, Indiana University and the University of Maryland.Table of ContentsLectures The Sir Elihu Lauterpacht International Law Lecture 2019 The Crisis of Liberal Internationalism and the Future of International Law  Anne Orford Special Issue The Backlash against International Law: Australian Perspectives Introduction The Backlash against International Law: Australian Perspectives  Jeremy Farrall, Jolyon Ford and Imogen Saunders Navigating the Backlash against Global Law and Institutions  Peter G Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders and Daan Verhoeven Collective Security and the Prohibition on the Use of Force in Times of Global Transition  Christopher Michaelsen The Status of Human Protection in International Law and Institutions: The United Nations Prevention and Protection Architecture  Cecilia Jacob Navigating the Backlash: Re-Integrating WTO and Public International Law?  Imogen Saunders Navigating the ‘Backlash’ against International Trade and Investment Liberalisation: Economic Perspectives on the Future of Regional Trade Agreements in Uncertain Times  Martin Richardson Backlash against a Rules-Based International Human Rights Order? An Australian Perspective  Jolyon Ford Amidst Simmering Tensions: Improving the Effectiveness and Coherence of the International Human Rights System’s Response to Mass Human Rights Violations  Annemarie Devereux Backlashes against International Commitments and Organisations: Asylum as Restorative Justice  Kate Ogg Articles Transcending the Framing Contests over the Human Rights of Older Persons  Annie Herro and Andrew Byrnes Notes Revisiting Lockerbie: How a General Principle of Judicial Review Could Promote United Nations Security Council Reform  Kate Renehan Book Reviews: Edited by Amy Maguire The Greening of Antarctica: Assembling an International Environment  Alessandro Antonello (Bruno Arpi and Jeffrey McGee) Solving the Internet Jurisdiction Puzzle  Dan Jerker B Svantesson (Timothy Beale) The Oxford Handbook of International Law in Asia and the Pacific  Simon Chesterman, Hisashi Owada and Ben Saul (eds) (Callista Harris) Maritime Legacies and the Law: Effective Legal Governance of WWI Wrecks  Craig Forrest (Sarah Lothian) Oil Under Troubled Water: Australia’s Timor Sea Intrigue  Bernard Collaery (Donald R Rothwell) Research Handbook on Feminist Engagement with International Law  Susan Harris Rimmer and Kate Ogg (eds) (Kate Slowey) Regular Features Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2019  Mary Crock, Rowan Nicholson, Kailin Chen, Seric Han, Marcus Lee, Francis Manuel, John McCrorie, Edward Wu and Gordon Yen Cases before International Courts and Tribunals Concerning Questions of Public International Law Involving Australia 2019  Mary Crock, Rowan Nicholson, Corinne Lortie, Seric Han, Francis Manuel, Hae-Soo Park, Hannah Place and Gordon Yen Australian Legislation Concerning Matters of International Law 2019  Angad Keith, Malithi Karunaarachchi, Chiara Angeloni, Asha Belkin, Sarah Grant, Andrea Gronke, Kryssa Karavolas, Hayley Keen, Guy Kelleher, Fatima Malik, Pranamie Mandalawatta, Kate O’Connell, Caitlin O’Rourke, Amparo Santiago, Navina Vijaysegaran, Emma Wiggins and Phoebe Winch Australian Practice in International Law 2019  Compiled and Edited by the Department of Foreign Affairs and Trade Treaty Action 2019 Table of Cases Table of Statutes Table of International Instruments

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.Table of ContentsAcknowledgments List of Boxes and Figures Abbreviations and Acronyms Introduction 1 Climate Technology, Trade, and the Doctrine of Common Concern I Mitigation of Climate Change: Fact vs. Law II The LCTs as an Important Puzzle Piece  A Technology in Mitigation Pathways  B The Concept and Scope of LCTs III International Trade for Low-carbon Technology Diffusion  A Aspects of the Relationship between Trade and Technology  B The Disconnect between Trade and Climate Legal Regimes  C Fragmentation, or Regime Interactions  D Paths that Lead to Coherence Building IV Common Concern of Humankind: History and Meaning  A Inception and Evolution of the Notion  B Making of a Common Concern  C Legal Consequence V Towards a New Doctrine  A A Dynamic Gateway for ‘Common Concerns’  B Enhanced Legal Consequences  C Forward Evolution VI Application in the Trade-climate Interface  A Terms of Relationship with Key Notions  B Implications for Low-carbon Technology Diffusion VII Conclusion 2 Rules and Facts on Low-Carbon Technology Diffusion I The Origin of the Polemics on Technology Transfer  A Unsuccessful Code Negotiations  B Regime Specific Trends II Developments in the Climate Regime  A Evolution of Institutional Frameworks  B Evolution of Financial Support Systems  C Other Avenues Contributing to Low-carbon Technology Diffusion  D Summary Analysis III Growing Empirical Understanding of Technology Diffusion Barriers  A Studies on the Relevance of Intellectual Property Rights  B Sector and Country-Focused Studies  C Technology Barriers Perceived by Developing Countries  D Summary Analysis IV Developments in Trade Regulation  A Existing Multilateral Rules  B Negotiations and Deliberations at the WTO and UNCTAD  C Trade Disputes Regarding Technology Transfer and Renewables  D Non-multilateral Approaches  E Summary Analysis V Conclusion 3 Towards a Cooperation Based Trade Action Agenda I ‘Common Concern’ as a Guide to Trade Cooperation  A The Challenge of Cooperation and Common Concern Doctrine  B Key Issues Regarding a Novel Duty to Cooperate II Cooperation Regarding Low-carbon Technology Diffusion  A Outline of the Proposal  B Identifying Actors and Respective Motivations  C Identifying Relevant Measures  D A New Balance  E Ensuring Compliance III Implementing the New Approach  A Overcoming Political Inertia  B Tasks at the Multilateral Level  C Incorporation in Preferential Trade Agreements (PTAs)  D Domestic Actions IV Conclusion 4 Assisting the Diffusion of Low- Carbon Technology through Emission Pricing I Pricing Emission using Taxes and Tariffs: A Brief Introduction  A Rationale behind Carbon Pricing for Technology Diffusion  B Design Considerations for an Effective and Equitable Measure  C The Need for International Cooperation  D The Measure Proposed II WTO Eligibility of a Carbon Pricing Measure  A Eligibility of Carbon Taxes  B Eligibility of Carbon Tariffs III Discriminatory Impact of Carbon Pricing  A Product Comparability: The Test of ‘Likeness’  B Standard of Discrimination: Change in Conditions of Competition  C Justifying the Pricing Measures IV Alternate Reading Aided by Common Concern  A Regarding the Test of ‘Likeness’  B Regarding the Legal Standard of Discrimination  C Regarding the General Exception V Conclusion 5 Encouraging Technology Export through Public Financial Support I Prospects and Challenges of Public Financial Support  A The Problem and Potential of Public Finance  B Possible Avenues of Public Support  C The Promise and Challenge of the Export Credit Agencies (ECAS)  D The Proposed Measure II ECA Activities and the WTO Subsidies Agreement  A The Key Questions  B Scope of the Agreement  C Export Incentive and Regulation on Prohibited Subsidies  D Other Challenges to the Export Promotion Incentives III Looking Forward: Role of Common Concern  A As an Aid to Interpretation  B As a Guide for Reform  C Cooperation and Homework Avenues IV Conclusion 6 Unilateral Trade Sanctions to Secure Compliance with the Common Concern Doctrine I The Domain of Unilateral Trade Sanctions  A Arguments in Favour of Unilateral Sanctions  B Concerns Regarding Unilateral Sanctions II Countermeasures and Common Concern of Clean Technology Diffusion  A Recap of the Doctrine’s Position  B Operational Specifications III Position under Public International Law IV Position under the Multilateral Trade Rules  A Trade Sanctions under the Exception Clauses V Way Forward: Influence of Common Concern VI Conclusion Conclusion: Summary and Outlook I International Trade, Clean Technologies and Common Concern  A Trade Cooperation for Technology Diffusion  B Role of Domestic Trade Policy Measures  C Utility of Unilateral Trade Countermeasures II Lessons Learnt about the Doctrine III Outlook Annex – Scope of Clean Technologies Bibliography Index

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Book SynopsisThe mission of the The Italian Yearbook of International Law is to make available to the English-speaking public the Italian contribution to the literature and practice of international law. Volume XXIX (2019) opens with a Symposium on the challenges to multilateralism in international trade law. As in every volume the following sections feature Articles, Notes and Comments, Practice of International Courts and Tribunals, Italian Practice of International Law and Bibliographies.

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Book SynopsisThe deployment of Autonomous Weapons gives rise to ongoing debate in society and at the United Nations, in the context of the Convention on Certain Conventional Weapons. Yet there little empirical research has been done on this topic. This volume fills that gap by offering an empirical study based on military personnel and civilians working at the Dutch Ministry of Defence. It yields insight into how Autonomous Weapons are perceived by the military and general public; and which moral values are considered important in relation to their deployment. The research approach used is the Value-Sensitive Design (VSD) method that allows for the consideration of human values throughout the design process of technology. The outcome indicates that military personnel and civilians attribute more agency (the capacity to think and plan) to an Autonomous Weapon than to a Human Operated Drone. In addition, it is clear that common ground exists between military and societal groups in their perception of the values of human dignity and anxiety. These two values arise often in the discourse, and addressing them is essential when considering the ethics of the deployment of Autonomous Weapons. The text of this volume is also offered in parallel French and German translation.

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Book SynopsisThis volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.Table of ContentsCrisis and Its Curators: A Preface   Philippe Sands Notes on Contributors Introduction   Makane Moïse Mbengue and Jean d’Aspremont 1 The Love of Crisis   Jan Klabbers 2 Crisis? What Damned Crisis?   Iain Scobbie 3 Crisis Narratives and the Tale of Our Anxieties   Hélène Ruiz Fabri 4 Crisis and International Law: A Third World Approaches to International Law Perspective   B.S. Chimni 5 covid and the Crisis Mode in International Legal Scholarship   Frédéric Mégret 6 Narratives of Solidarity in Times of Crisis: Tales from Africa   Makane Moïse Mbengue 7 International Law as a Crisis Discourse The Peril of Wordlessness   Jean d’Aspremont 8 covid-19 as a Catalyst for the (Re-)Constitutionalisation of International Law: One Health – One Welfare   Anne Peters 9 The covid-19 Pandemic Crisis and International Law: A Constitutional Moment, A Tipping Point or More of the Same?   Yuval Shany 10 Beyond War Narratives: Laying Bare the Structural Violence of the Pandemic   Eliana Cusato 11 Repetitive Renewal: covid, Canons and Blinkers   Christian J. Tams 12 International Law and Crisis Narratives after the covid-19 Pandemic   Catherine Kessedjian 13 Only Once … Upon a Time?   Laurence Boisson de Chazournes 14 The Kaleidoscopic World Confronts a Pandemic   Edith Brown Weiss 15 How Learned Are Our Lessons?   Mónica Pinto 16 Hobbes and the Plague Doctors   Benedict Kingsbury 17 The covid-19 Crisis, Indigenous Peoples, and International Law: A Vulnerability Perspective   Malgosia Fitzmaurice 18 covid-19 and Research in International Law   Fuad Zarbiyev 19 A Narrative of Crises from the Perspective of a Young Scholar   Iga Joanna Józefiak

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Book SynopsisThe book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.Table of ContentsAbbreviations List of Figures and Tables Acknowledgements 1 Introduction  1.1 The Juridification of Warfare as an Empirical Phenomenon  1.1.1 Post-Cold War Developments  1.1.2 Civil Law and Victims’ Rights to Compensation  1.1.3 Relations of War and Law  1.1.4 Analysing and Assessing Scenes of Combat  1.2 Overview of the Chapters 2 Civilian Deaths and Legal Responsibility  2.1 The Kunduz-Airstrike  2.1.1 Military, Political and Legal Investigations  2.1.2 Enduringly Contested Details: Defensive-Offensive Strike  2.1.3 Unjustifiable at First Sight  2.1.3.1 Scandalisation: The Airstrike as a Turning Point in the National Afghanistan Debate  2.1.3.2 From Non-War to War: Redefinition of Military Engagement  2.1.4 Mistakes and Violation of Rules  2.2 Knowing Civilians  2.2.1 Combat(ed) Categorisation: The Colonel’s Account  2.2.1.1 The Setting  2.2.1.2 Decision-Making as Mental Process and Categorial Certainty  2.2.1.3 Correlation of Word and Image: The Video Material as a Telling Source  2.2.1.4 Auxiliary Collections and Translations  2.2.1.5 Visible Signs of Taliban and Everyday Performance of Distinction  2.2.1.6 Errors as Normal Part of Work  2.2.2 Criminal Investigations 3 Legal Assessments and the Study of Organised Action  3.1 Law and Action  3.1.1 The Home of Law and Motivated Compliance  3.1.2 Ethnomethodology: Rules and Situated Sense-Making  3.1.3 Law and Categories  3.2 Rule-Following in/of Organisations  3.2.1 Accountability of (Organised) State Action  3.3 Procedurally-Organised Work and Procedural Cultures  3.3.1 Procedural Decision-Making  3.3.2 Funnelling and Procedural Cultures  3.4 From Object Fromation to Organised Action  3.4.1 The Co-Structuring Object  3.4.2 Organised Action as a Turn in Law/War  3.5 Studying Procedural Work  3.5.1 Two Temporal Orders  3.5.2 Discursive Materials in Document-Based Environments  3.5.3 tsa as a Methodological Sensitising Device 4 Judging Military Action  4.1 Studying Court Work  4.2 Cross-Procedural Turn-Taking: The Civil Lawsuit  4.2.1 Complaint: The Video Material Evidence against Klein  4.2.1.1 Recognition of the Reconstructed Events on the Sandbank  4.2.1.2 Visible Categories  4.2.1.3 Careful Average Soldier  4.2.2 Defence Brief: Interpretative Restraint  4.2.3 Hierarchy of Issues  4.3 Seeing Like the Military  4.3.1 Analytic Approaches to the “Military Viewer”  4.3.2 Hearing: The Staging of Competence  4.3.2.1 What Everyone Can See  4.3.2.2 The Military Experts  4.3.2.3 The Afghanistan Expert  4.3.3 The Military Viewer and His Special Competences: Professional Vision  4.4 Military Situation and Legal Significance  4.4.1 Undoing the Legal Capacity of the Military Object  4.4.2 The Subsequent Turns: Preferences within the Viewer’s Maxims  4.4.2.1 Plaintiffs: Viewer’s Maxim of Caution  4.4.2.2 Court: Viewer’s Maxim of Hostility  4.4.3 Standards of Military Reconnaissance  4.5 Constellating Dispute 5 Collaborative Accountability of Legal Targeting  5.1 Cohesion and Rule-Following  5.1.1 Fighting for Precision  5.1.2 Precision and Legality as Collaborative Achievement  5.2 Data and Research  5.2.1 The Transcribed Situation and the Process of Target Development  5.2.2 Transcript and Process  5.3 Collaborating in Targeting  5.3.1 Audio-Video Material and the Transcript  5.3.2 Target Handover  5.3.3 Identification Work  5.3.4 Work on Open Issues upon Arrival – Business as Usual  5.3.4.1 Friendlies: Opening Issue by Standard Procedure  5.3.4.2 Show of Force: Not Now but Later?  5.3.4.3 The Drivers: Settled or Open Issue?  5.3.5 Responding to Developments on the Ground  5.3.5.1 New People: Adjustment of the Target  5.3.5.2 Declaring Target to Be Time-Sensitive  5.3.6 Pilot Seeking Clarification on Two Issues  5.3.6.1 Target Definition  5.3.6.2 Drivers  5.3.7 Problem Solving Activities for “RoE Issues”  5.3.7.1 In Accordance with RoE: Target Category and Clearance Authority  5.3.7.2 Show of Force and Target Selection: This Is What We Like to Do  5.3.7.3 Show of Force and Target Selection: Working with Some RoE Issues  5.3.7.4 Situation on the Ground  5.3.8 Switch of Interaction System  5.4 Legal Targeting and the Suspension of Doubts  5.4.1 Disobedience and the (In)Capacity to Know What Is Wrong  5.4.2 Funnelling: Working the Temporal Order of Targeting  5.4.3 Between “collaborating for precision” and “authoritarian positing” 6 Conclusions Organised Action and the Assessment of Legality  6.1 Legal Action Unlimited  6.2 Members’ and Researchers’ Analysis of Action  6.3 Producing Legality  6.3.1 Neutralising Alternatives  6.3.2 Radical Ways of Producing Certainty  6.4 The Reproducibility of Assessments  6.5 Re-Assessing Legal Targeting  6.5.1 Collaborative Accountability  6.5.2 The Legal Capacity of the Target  6.6 Progressing Law Appendix 1 Map Kunduz Area with German Camp and Place of Bombing Appendix 2 Redacted Transcript of Cockpit Communication Recorded in One of the F-15 Fighters References Index

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Book SynopsisHow international is international humanitarian law? The Laws of Yesterday's Wars 2: From Ancient India to East Africa, together with its companion volume, The Laws of Yesterday’s Wars: From Indigenous Australians to the American Civil War (Brill-Nijhoff, 2021), attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday’s wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its ‘development’ by Europeans and its later ‘contributions.’ This volume includes studies on Japanese, Islamic and Eastern Native American rules of war.

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Book SynopsisUnder the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays.Table of ContentsList of Contributors Introduction, Vol. 22 (2019–2020) Part 1: Articles Using the Master’s Tools to Dismantle the Master’s House: International Law and Palestinian Liberation  Ralph Wilde Fact and Fiction: The Nation-State, Colonialism, and International Minority Law  Sally Shammas Systemic Economic Harm in Occupied Palestine and the Social Connections Model  Shahd Hammouri Restrictions on Freedom of Movement in the West Bank: A Policy of Apartheid  Costanza Ferrando Part 2: Case Commentaries Will the German Judiciary Protect the Right to BDS?  Nadija Samour and Ahmed Abed Part 3: Review Essays A Hundred Years of Settler-Colonialism: History, Law, Horizons Beyond Rashid Khalidi, The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017 (2020) & Noura Erakat, Justice for Some: Law and the Question of Palestine (2019)  John Reynolds The “Visible” and “Invisible” College of Legal Advisers Andraž Zidar and Jean-Pierre Gauci eds., “The Role of Legal Advisers in International Law” (2016)  Ata R. Hindi Part 4: Book Reviews Rouba Al-Salem, “Security, Rights and Law: The Israeli High Court of Justice and Israeli Settlements in the Occupied West Bank”  Diana Buttu Marco Longobardo, “The Use of Armed Force in Occupied Territory” (2018)  Omar Yousef Shehabi Angélica Maria Bernal, “Beyond Origins: Rethinking Founding in a Time of Constitutional Democracy” (2017)  Alicia Pastor y Camarasa Index

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Book SynopsisVolume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and comparative law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.Table of ContentsPreface Articles Neo-Liberal, State-Capitalist and Ordo-Liberal Conceptions of World Trade: The Rise and Fall of the WTO Dispute Settlement System  Ernst-Ulrich Petersmann Why China Finds It Difficult to Enable the Rule of Law  David KC Huang & Nigel N.T. Li All Words and No Action Korea’s FTA Experience in Addressing Investigating Authorities’ Discretion in Trade Remedy Investigations and Ensuing Implication  Jaemin Lee Special Reports The Rebirth of Hong Kong’s Rule of Law  Benny Yiu-ting Tai Cybersecurity is National Security: Can Taiwan Have the Digital Cake and Eat It Too?  Bo-jiun Jing A Story of Two Disputes: (Potential) Investment Claims that hit Taiwan under the Singapore-Taiwan FTA (ASTEP)  Jeffrey (Chieh) Lo Book Review Issues Decisive for China’s Rise and Fall: An International Law Perspective by Yuwa Wei Springer (2019), pp. XXV, 203  Punsara Amarasinghe & Sanjay Rajhans Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2020  Compiled by Chun-i Chen, Pasha L. Hsieh, Chun-Liang Lai, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law  Explanatory Note  I International Law in General   Inaugural Address of ROC 15th-Term President Tsai Ing-wen  II Subjects of International Law  III International Organizations   MOFA Signs International Cooperation and Development Assistance Agreements with Five Taiwan NGOs   MOFA Calls on WHO to Take Neutral, Professional Stance Facilitating Taiwan’s Full Participation and Contributions   MOFA Thanks Diplomatic Allies, Like-Minded Countries for Strong Support Extended at Virtual 73rd WHA for Taiwan’s Participation in WHO   President Tsai Addresses Copenhagen Democracy Summit via Video   MOFA Sincerely Appreciates Broad International Support for Taiwan’s 2020 UN Campaign   MOFA Expresses Sincere Gratitude for Unprecedented International Support at the Resumed Session of the 73rd WHA  IV Individuals   Supreme Administrative Court Administrative Ruling (May 21, 2020) 109-Tsai-Zi 788   Executive Yuan Releases Third National Reports on Human Rights Covenants   Supreme Court Criminal Ruling (September 2, 2020) 109-Tai-Kang-Zi 1082   Cabinet Approves Draft Bill on Implementation of UN Convention against Torture   Ministry of Justice, the Executive Yuan (December 31, 2020) Fa-Lu-Zi-10903517980  V Territory and Territorial Jurisdiction   MOFA Reiterates South China Sea Islands Are Part of R.O.C. Territory; R.O.C. Is Entitled to All Rights over South China Sea Islands and Their Relevant Waters in Accordance with International Law and Law of the Sea  VI State Responsibility  VII The Law of the Sea, Environment, Health, and Aviation   NCDR Inks Disaster Management Pacts with Nepal Municipalities   In Line with the Trend of Green Recovery, Taiwan and EU Jointly Create a New International Circular Value Chain  VIII The Law of Treaties   Public Construction Commission, the Executive Yuan (February 12, 2020) Gong-Cheng-Qi-Zi-1090100125  IX Diplomatic, Consular and Similar Relations   MOFA Announces Donation of 10 Million Face Masks to the US, Europe, Diplomatic Allies to Extend Humanitarian Assistance in Wake of COVID-19   Taiwan Announces Mutual Establishment of Representative Offices with Republic of Somaliland   The ROC (Taiwan) Reestablishes Taipei Economic and Cultural Office in Guam   President Tsai Addresses Indo-Pacific Leaders Dialogue Session   MOFAA announces Signing of Taiwan-US Scientific and Technological Cooperation Agreement under the Economic Prosperity Partnership Dialogue Framework  X Peaceful Settlement of International Disputes  XI Arms Control, Use of Force and International Criminal Law   President Tsai Directs Foreign Minister to Express Condolences to France Following Terror Attacks, Ensure the Safety of Expatriates   President Tsai Directs Foreign Ministry to Convey Condolences to Austria Following Terror Attack, and Ensure Safety of Expatriates  XII International Economic Relations   Taiwan and Germany Enhanced Cross-Border Banking and Insurance Supervisory Cooperation   TECO Inks Organic Food Agreement with New Zealand’s NZCIO   Ministry of Economic Affairs, the Executive Yuan (April 7, 2020) Jing-Shang-Zi-10900550200   Taiwan Shares COVID-19 Success Story at APEC Trade Ministers Meeting   President Tsai Issues Remarks Regarding International Trade   Executive Yuan Announces Taiwan-US Framework for Infrastructure Finance and Market Building Cooperation   Leader’s Representative Morris Chang Attends the Virtual 2020 APEC Economic Leaders’ Meeting   TECRO Hails Success of First U.S.-Taiwan Economic Prosperity Partnership Dialogue  XIII Private International Law   Supreme Court Ruling (July 3, 2020) 108-Tai-Shang-Da-Zi 980   Supreme Court Civil Ruling (November 11, 2020) 109-Tai-Kang-Zi 1084  XIV Cross-Strait Relations   MAC’s Statement on the Promulgation and Implementation of the Anti-Infiltration Act Today   MAC Protests against CCP Obstruction of Taiwan’s Participation in the WHO   Humanitarianism and Disease Prevention Must Both be Taken into Account: Cross-Strait Cooperation Required in Evacuation   President Tsai’s Inauguration Address Dedicates to Peaceful and Stable Cross-Strait Relations   MAC Announces Hong Kong Humanitarian Aid Project and Establishes the Taiwan-Hong Kong Office for Exchanges and Services to Provide Necessary Assistance to Hong Kong Citizens   MAC’s Explanation of Policy Position on the CCP’s Straits Forum   Remarks by Minister Chen at the International Symposium on Current Issues of Development and Governance in Mainland China  XV Others   Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on September 28, 2020 Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2020  Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh   Chronological list   Selected Texts   Australia   Background   Through this Arrangement, the Parties Intend to   Belize   Indonesia   Kosovo   Somaliland   Switzerland   United States of America   Index Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs

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Book SynopsisLaunched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. This special issue of the Australian Year Book of International Law is a collection of essays providing commentary on how international law relates to the different dimensions of situations unfolding around us. Written during school shut-downs, campus closure, border restrictions, rising global infection rates and ongoing uncertainty as to what would happen next, they are also valuable reflections in a time of great crisis: fitting perhaps for a discipline famously critiqued by Hilary Charlesworth as one of crisis, rather than situated in the everyday. At root, this collection go some way in analysing and answering the question of how, exactly, COVID-19 will impact on international law more generally.Table of ContentsObituary  HE Judge Crawford AC SC FBA Special Issue Covid-19 and International Law COVID-19 and International Law: Sketching the Parameters  Imogen Saunders, David Letts, Esmé Shirlow and Donald R Rothwell Supply Chains, COVID-19 and the GATT Security Exception: Legal Limits of ‘Pandemic Exceptionalism’  David Chieng COVID-19 Border Closures: A Violation of Non-Refoulment Obligations in International Refugee and Human Rights Law?  Kate Ogg and Chanelle Taoi International Refugee Law in Crisis: Islands, Incarceration and Neo-Refoulement during COVID-19  Jessica Hambly The ‘Infodemic’: Is International Law Ready to Combat Fake News in the Age of Information Disorder?  Hitoshi Nasu Law of the Sea and the Pandemic—Humanitarian Principles under Siege?  Joanna Mossop Seismic Shifts: The COVID-19 Pandemic’s Gendered Fault Lines and Implications for International Law  Shruti Rana International Law of State Responsibility and COVID-19: An Ideology Critique  Robert Knox and Ntina Tzouvala State Responsibility, International Law and the COVID-19 Crisis  Sarah Heathcote Does International Law Need a Conscience? Evaluating the India–South Africa Proposal to Suspend Trips Obligations and the COVID-19 Vaccines  Dilan Thampapillai and Sam Wall International Human Rights Law and the Protection of Medical Scientists against State Inference during COVID-19  Jonathan Liljeblad Human Rights and Structural Inequality in the Shadow of COVID-19—A New Chapter in the Culture Wars?  Matthew Zagor COVID-19, International Human Rights Law and the State-Corporate Complex  Professor Jolyon Ford The UN Security Council’s Response to COVID-19: From the Centre to the Periphery?  Jeremy Farrall and Christopher Michaelsen Articles Drawing Lines at Sea: Australia’s Five Decades of Maritime Boundary Delimitation  Andreas Østhagen Notes Navigating China’s ‘3D’ Backlash against the International Legal Order: Adapting to Displacement, Disablement and Diversion  Daniel Kang Book Reviews: Edited by Amy Maguire A Commentary on the International Covenant on Civil and Political Rights: The UN Human Rights Committee’s Monitoring of ICCPR Rights  Paul M Taylor (Dr Maria O’Sullivan) War and Peace: Alberico Gentili and the Early Modern Law of Nations  Valentina Vadi (Samuel Berhanu Woldemariam) Freedom of Navigation and the Law of the Sea: Warships, States and the Use of Force  Cameron Moore (Donald R Rothwell) Bringing International Fugitives to Justice: Extradition and Its Alternatives  David A Sadoff (Lieutenant Colonel Joanna Guilfoyle) Research Handbook on Intellectual Property and Investment Law  Christophe Geiger (ed) (Luke Hawthorne) Fossil Fuel Subsidy Reform—An International Law Response  Vernon JC Rive (Rafaela Oliari) Regular Features Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2020  Mary Crock, Rosemary Grey, Freya Appleford, Wendy Chen, Sarah Charak, Christian Cieplik, Anisha Gunawardhana, Jake Jerogin, Adam Liskowski, Jessica Mitchell, Olivia Morris, Anh-Tuan Nguyen, Bianca Tini-Brunozzi, Alexandra Touw and Kevin Zou Cases before International Courts and Tribunals Concerning Questions of Public International Law Involving Australia 2020  Mary Crock, Rosemary Grey, Freya Appleford, Anisha Gunawardhana, Miranda Hutchesson, Jake Jerogin, Emma Kench, Maxine Lucy McHugh, Olivia Morris, Alexandra Touw and Kevin Zou Australian Legislation Concerning Matters of International Law 2020  Kate O’Connell, Nish Perera, Keilin Anderson, Monique Andreatta, Chiara Angeloni, Asha Belkin, Loretta Benson, Dominica Condon, Simon Guthrie, Luke Hazleton, Hayley Keen, Guy Kelleher, Rhiannon Kerr, Annabelle L’Estrange, Alex Lia, Philip Matthews, Caitlin O’Rourke, Laura Paavola, Emily Rowbotham, Jordan Tsirimokos, Lavanya Vasan and Fiona Yeh Australian Practice in International Law 2020  Compiled and Edited by the Department of Foreign Affairs and Trade Treaty Action 2020 Table of Cases Table of Statutes Table of International Instruments

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Book SynopsisThe speed of technological change is demonstrated not least by the new military technologies that are in use or are currently being developed. For example, the use of remote-controlled and semi-autonomous weapons systems has long been standard in the armed forces, and advances in artificial intelligence mean that more "decision-making " can be expected to be transferred to the machines used by the military. But not everything that is technologically possible is ethically justifiable. This volume, which brings together contributions to an annual conference of the European Chapter of the International Society for Military Ethics, attempts to address the ethical and legal problems posed by emerging military technologies. In a number of exciting essays, internationally renowned researchers present their insights.Table of ContentsAcknowledgements List of Figures and Tables  EuroISME – Introduction   Richard Schoonhoven part 1 Introductions/Overviews 1 The Ethical Implications of Emerging Technologies in Warfare Opening Speech   BG Benoit Royal 2 EuroISME – Inaugural Address   H.E. Marcelino Oreja Aguirre 3 The Ethical Implications of Emerging Technologies in Warfare   Emmanuel Bloch part 2 ai/Laws 4 Exploring Western and Chinese Responses to the Ethical Challenge of Lethal Autonomous Weapons   Deane-Peter Baker 5 Artificial Intelligence in Military Decision-Making Avoiding Ethical and Strategic Perils with an Option-Generator Model   Shannon E. French and Lisa N. Lindsay 6 Discussing Issues of Responsibility, Accountability and Liability When ai Agents Decide and Act During War The Case of Training Algorithms for Attacking Possible Targets   Ioanna K. Lekea, Panagiotis Karampelas, George Anthimou, and Konstantinos Michail part 3 Drones 7 Are Public Concerns over the Use of Drone Operations Ethically Justified?   Peter Brunton 8 The Use of drones in Armed Conflict – Ethical Aspects of Emerging Military Technology   Tamar Meisels 9 The Loss of Innocence in the Age of Drones Redefining the Notion of Innocence in the Context of Drone Warfare   Dragan Stanar 10 Technology, Justice and the Return of Humanitarian Terrorism   Boris Kashnikov part 4 Enhancement 11 The Enhanced Soldier: Ethical Issues   Gérard de Boisboissel part 5 Leadership 12 Special Units and Emerging Technologies Environmental and Organizational Features and their Influence on Ethical Considerations   Zipi Gushpantz 13 Preparing Leaders of Character for Complex Conflict   Christopher Luedtke and Christopher Miller    Short Afterword from a German Perspective   Bernhard Koch Index

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Book SynopsisThe scope of marine scientific research has long been debated due to a lack of definition of the term in the United Nations Convention on the Law of the Sea (UNCLOS). The introduction of new forms and methods of ocean data collection adds another layer of legal uncertainty in this field. Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities Under UNCLOS thus strives to identify the possible limits of the existing legal framework, mainly the UNCLOS marine scientific research regime, and the ways in which the identified gaps can be bridged. In the analysis, Chuxiao Yu carries out two case studies: one on access to marine genetic resources and the other on operational oceanographic activities.Table of ContentsAbbreviations List of Figures and Table 1 Introduction  1.1 The Impetus for the Current Research  1.2 Research Questions  1.3 Structure of the Book  1.4 Delineation of the Research and Use of Terminology 2 An Analysis of the Approach to Interpreting Pertinent UNCLOS Provisions  2.1 Introduction  2.2 Elements to Be Considered in the Assessment Process  2.3 Drafting History of the Definition of the Term “Marine Scientific Research”  2.4 Can the Term “Marine Scientific Research” be Viewed as a Generic Term?  2.5 The Nature of UNCLOS and its Implications for Ascertaining the Temporal Sense-Intention of the Parties  2.6 Object and Purpose of UNCLOS and Its Implications for Ascertaining the Temporal Sense-Intention of the Parties  2.7 Conclusions and Implications for Analysis in the Subsequent Chapters 3 UNCLOS Provisions on Ocean Data Collection – with a Focus on the Marine Scientific Research Regime  3.1 Introduction  3.2 The Nature of and Criteria for Marine Scientific Research  3.3 Marine Scientific Research and Other Ocean Data Collection Activities  3.4 Concluding Remarks 4 Subsequent Practice on Ocean Data Collection Activities  4.1 Introduction  4.2 National Legislation and Policies Concerning the Scope of Marine Scientific Research  4.3 Subsequent Practice Concerning Ocean Data Collection Activities Manifested in Global Fora  4.4 Concluding Remarks 5 Regulation of Ocean Data Collection Activities under Other International Conventions  5.1 Introduction  5.2 Convention on Biological Diversity and Its Nagoya Protocol  5.3 United Nations Framework Convention on Climate Change  5.4 London Convention and the London Protocol  5.5 International Convention on the Regulation of Whaling  5.6 Conclusions 6 Access to Marine Genetic Resources and Its Regulatory Framework  6.1 Introduction  6.2 Characteristics of Activities concerning Marine Genetic Resources  6.3 Appropriate Legal Framework for the Sampling of Marine Genetic Resources  6.4 Applying the Relevant UNCLOS Provisions to Activities Involving Marine Genetic Resources  6.5 Conclusions 7 Operational Oceanography and Its Regulatory Framework  7.1 Introduction  7.2 What Is “Operational Oceanography”?  7.3 Legal Classification of Operational Oceanography  7.4 Different Scenarios: Application of the Relevant UNCLOS Provisions to Operational Oceanography  7.5 Future Regulatory Options for Operational Oceanography 8 Concluding Remarks  8.1 Introduction  8.2 Approach to Interpreting Relevant Treaty Provisions  8.3 The Nature of and Criteria for Maine Scientific Research under UNCLOS  8.4 The Legal Framework(s) for Different Kinds of Ocean Data Collection Activities  8.5 Limits and Strengths of UNCLOS and Its Marine Scientific Research Regime in Regulating “Modern” Ocean Data Collection Activities  8.6 Final Remarks and Some Observations on Future Developments Summary Bibliography Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.Table of ContentsAcknowledgements List of Figures and Tables Abbreviations Table of Cases Table of International Law Instruments Introduction 1 Plastics and the Marine Environment  1 About Plastic Materials  A The Nature of Plastics  i. Terms and Definitions  ii Additives  iii Economic and Social Considerations  B The End of Life of Plastic Materials  i Degradation of Plastic Materials  1) Degradation, Biodegradation and Composting  2) Degradation Process of Plastic Materials  3) Degradation of Plastics in Marine Environments  4) Biodegradability Standards and Labels  ii Plastic Wastes  1) Waste Generation  2) Costs and Impacts of Waste and Disposal  C Life-cycle Analysis and Impact Assessments  i The iso Standard Series on lca  ii The Life Cycle Initiative  iii. lca s and Plastics  2 Plastic Pollution in the Seas  A Abundance and Spatial Distribution  i Floating Plastic Debris  ii Plastic Debris in Beaches  iii Plastic Debris on the Seabed  B Composition of Marine Plastic Debris  C Main Pollution Sources  D Impacts of Marine Plastic Pollution  i Impact on the Marine Environment and Marine Biodiversity  ii Economic and Social Impacts  3 Summary and Interim Conclusions 2 The Protection of the Marine Environment from Land-based Sources of Plastic Pollution in International Law  1 The Global Framework  A Global Policy, Principles and Concepts  i The Global Policy Framework  1) UN Environment’s Role in Policy Formulation and Regulation with Regard to Land-based Sources of Marine Pollution  2) The 1992 Rio Conference  3) The 1995 Washington Conference and the gpa  4) The 2011 Honolulu Strategy: Plastics Coming into Focus  5) Plastic Marine Debris as a Raising Concern in Formal UN Processes  ii Relevant Principles and Concepts  1) Sustainable Development  2) The Polluter Pays Principle  Conclusion of Section A  B The UN Convention on the Law of the Sea  i Maritime Zones  1) Areas under National Jurisdiction  2) Areas beyond National Jurisdiction  ii unclos Part xii: The Protection and Preservation of the Marine Environment  1) Definition of Marine Pollution  2) General Obligations under unclos Part xii  3) Specific Obligations and Their Relevance to Plastics  iii Compliance and Enforcement: The Challenges of Plastics  1) The Legal Framework  2) The Challenge of Plastics  3) unclos Dispute Settlement  Conclusion of Section B  C The Law of the World Trade Organization  i The wto in a Nutshell  ii Core Principles and Agreements  1) The General Agreement on Tariffs and Trade  2) The Agreement on Technical Barriers to Trade  3) The Agreement on the Application of Sanitary and Phytosanitary Measures  iii General Remarks Regarding the Relationship between unclos Part xii and wto Law  iv The Role of wto Law with Regard to Domestic Implementation, Cooperation and Unilateral Enforcement  Conclusion of Section C  D Multilateral Environmental Agreements Relevant to Marine Plastic Pollution Mitigation  i The Protection and Preservation of Marine Species and Ecosystems  1) The Convention on Biological Diversity  2) Convention on the Conservation of Migratory Species of Wild Animals  3) Other Biodiversity-related Conventions  ii Waste Management and the Regulation of Wastes and Hazardous Chemicals  1) The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal  2) The Stockholm Convention on Persistent Organic Pollutants  iii International Watercourses  iv Prevention and Mitigation of Plastic Pollution from Sea-based Sources  v Climate Change Mitigation  Conclusion of Section D  2 Regional Schemes  A Overview on the Regional Schemes  i The Regional Seas Family  1) The Regional Conventions  2) Legal Instruments on Land-based Sources of Pollution  3) Specific Examples  B Strengths and Deficiencies  i General Effectiveness and Coverage of the Regional Programmes  ii Pollution Prevention Standards and Environmental Management  iii Institutional Considerations, Reporting and Compliance  iv Means of Implementation  C Evaluation: Can Regional Programmes Close the Gaps?  3 Implementation at the Subregional and National Levels  A A Typology of Implementing Strategies and Measures  i General Overview  ii Implementation at the Subregional Level: The Case of the European Union  B Consistency with wto Law  i Plastics and Trade  ii Bans, Taxes and Levies  iii Packaging Regulations and Other Technical Barriers to Trade  C Evaluation: Implementation and the Role of Trade Law Conclusion and Outlook  1 Challenges Related to Plastic Materials, Social Behaviour and Economic Capacities  2 Legal Framework and Regulatory Challenges  A Implementation and Enforcement  B Regulatory Lacunae  C Coherence  3 Successes and Way Forward Bibliography Index

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Book SynopsisAt a time where multilateralism is coming under increasing pressure, a new reflection on the foundations of international law is warranted. Democracy and Sovereignty: Rethinking the Legitimacy of Public International Law addresses urgent new and intrinsically international subject areas, such as digitalization, climate change and transborder investments. This volume looks at the changing role of state sovereignty and explores more democratic modes of legitimation in order to supplement the traditional concept of state consent, and sharpen the notion of democracy itself.

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.Table of ContentsAcknowledgments Abbreviations and Acronyms Table of Cases and Legislation  Introduction 1 The International Monetary System in the Post-Crisis Era  1 Definition and Purpose of the International Monetary System  2 The Global Financial Crisis and the Fragility of the International Monetary System  3 Key Aspects of the Core Elements of the International Monetary System  3.1 First Element – Exchange Rates  3.2 Second and Third Elements – International Payment System and International Capital Movements  3.3 Fourth Element – Monetary Reserves and Access to Liquidity  4 Conclusion 2 Monetary Stability Competing Policy Objectives and Trade-Offs  1 Monetary Sovereignty Today  2 A Revision of the Concept of Monetary Stability at the Different Levels of Governance  2.1 Domestic Monetary Stability  2.2 International Monetary Stability  3 International Spillovers of Monetary Policy and Their Impact on Monetary Stability  4 Conclusion 3 A Common Concern of Humankind Approach to Monetary Stability  1 Monetary Stability as a Global Public Good  2 Common Concern of Humankind – Review of Literature and Evolution of the Principle  2.1 Expression in Treaties and Scholarly Work  2.2 Foundations and Evolution of the Principle  3 Common Concern of Humankind – Process of Claims and Responses  3.1 The Duty to Cooperate  3.2 Obligation to Do Homework  3.3 Securing Compliance  3.4 Arguments in Support of the Principle of Common Concern of Humankind  4 Monetary Stability as a Common Concern of Humankind – A Preliminary Assessment  5 Conclusion 4 The Duty To Cooperate – The Fund’s Role and Cooperation among States  1 Top-Down Approach – International Level of Governance  1.1 The International Financial Architecture – Governance Aspects  1.2 The Fund’s Role  1.3 International Standard-Setting and Soft Law  2 Bottom-Up Approach – Central Banking Cooperation  2.1 The Evolution of Central Banking Cooperation  2.2 Diplomacy and Coordination  2.3 Responses to the gfc and Its Aftermath  3 Common Concern as a Guide to Enhanced Cooperation in Monetary Affairs  3.1 imf Mandatory Based Surveillance  3.2 Improved gfsn  3.3 Harness the Commitments Assumed at the Government Networks  4 Conclusion 5 Domestic Obligations Concerning Monetary Stability The Special Role of Central Banks  1 Domestic Obligations – The Special Role of Central Banks  1.1 Internal Dimension of Monetary Stability – Price Stability  1.1.1 Institution of a State  1.1.2 Issuance of Money  1.1.3 Privately Issued Virtual Currencies and Central Bank Issued Virtual Currencies  1.1.4 Conduct of National Monetary Policy  1.2 External Dimension of Monetary Stability – Exchange Rate Stability  1.2.1 Administration of a System of Exchange Control  1.2.2 Management of a Country’s Foreign Reserves  2 Conclusion 6 Domestic Obligations Concerning Monetary Stability Unilateral Reactions and Securing Compliance  1 Domestic Obligations – Unilateral Reactions  1.1 Exchange Restrictions  1.2 Capital Controls  1.3 Exchange Rate Manipulation  1.4 Other Reactions  2 Securing Compliance – Monetary Stability Considerations  3 Conclusion  Conclusions Bibliography Index

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Book SynopsisBased on analysis of 21 arbitral awards rendered in the “Spanish saga” cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.Table of ContentsAcknowledgments List of Tables List of Abbreviations 1 Introduction 2 Facts  1 Introduction  2 RE Technologies Relevant to the Spanish Saga  3 European Context  4 Relevant Domestic Regulatory Framework  5 2010 Disputed Measures  6 2012 Disputed Measures  7 2013–2014 Disputed Measures  8 2019 Measures  9 Spanish Domestic Courts’ Judgments  10 Cases   10.1 Charanne   10.2 Isolux   10.3 Eiser   10.4 Novenergia   10.5 Masdar   10.6 Antin   10.7 Foresight   10.8 RREEF   10.9 Cube   10.10 NextEra   10.11 9REN   10.12 SolEs   10.13 InfraRed   10.14 OperaFund   10.15 BayWa   10.16 Stadtwerke   10.17 RWE   10.18 Watkins   10.19 PV Investors   10.20 Hydro   10.21 Cavalum  11 Conclusions 3 Jurisdiction  1 Intra-EU Objection   1.1 General Comments   1.2 Spanish Saga Case Law    1.2.1 PV Investors    1.2.2 Charanne    1.2.3 RREEF    1.2.4 Isolux    1.2.5 Eiser    1.2.6 Novenergia    1.2.7 Masdar    1.2.8 Antin    1.2.9 Foresight    1.2.10 Cube    1.2.11 NextEra    1.2.12 9REN    1.2.13 SolEs    1.2.14 InfraRed    1.2.15 OperaFund    1.2.16 BayWa    1.2.17 Stadtwerke    1.2.18 RWE    1.2.19 Watkins    1.2.20 Hydro    1.2.21 Cavalum   1.3 Lessons Learned    1.3.1 First Lesson Learned – the Spanish Saga Cases Were an Important Contribution to the Factual Matrix Which Led to the 2021 Komstroy Judgment    1.3.2 Second Lesson Learned – the Tensions between EU Law and Protection under the ECT Are Far from Being Resolved in a Final Manner, and the Main Points of the Debate Have Evolved over Time    1.3.3 Third Lesson Learned – the Differences between ICSID and Non-ICSID Arbitrations have Become More Important Than Ever Before    1.3.4 Fourth Lesson Learned – the Nature of the Intra- EU Objection Can Be Classified as Rationae Personae  2 Tax Carve-Out Objection   2.1 General Comments   2.2 Spanish Saga Case Law    2.2.1 PV Investors    2.2.2 Charanne    2.2.3 RREEF    2.2.4 Isolux    2.2.5 Eiser    2.2.6 Novenergia    2.2.7 Masdar    2.2.8 Antin    2.2.9 Foresight    2.2.10 Cube    2.2.11 NextEra    2.2.12 9REN    2.2.14 InfraRed    2.2.15 OperaFund    2.2.16 BayWa    2.2.17 Stadtwerke    2.2.18 RWE    2.2.19 Watkins    2.2.20 Hydro   2.3 Lessons Learned    2.3.1 First Lesson Learned – Arbitral Tribunals Not Only Can, but Must, Commence Their Analysis by Looking beyond the “Label” of a Tax, to Decide Whether a Disputed Measure Fulfils CIL’s Prerequisites    2.3.2 Second Lesson Learned – Tax Carve-Out Clauses Do Not Apply to Mala Fide Measures 4 Liability  1 Fair and Equitable Treatment   1.1 General Comments   1.2 Spanish Saga Case Law    1.2.1 Charanne    1.2.2 Charanne – Dissenting Opinion    1.2.3 Isolux    1.2.4 Isolux – Dissenting Opinion    1.2.5 Eiser    1.2.6 Novenergia    1.2.7 Masdar    1.2.8 Antin    1.2.9 Foresight    1.2.10 Foresight – Dissenting Opinion    1.2.11 RREEF    1.2.12 RREEF – Dissenting Opinion    1.2.13 Cube    1.2.14 Cube – Dissenting Opinion    1.2.15 NextEra    1.2.16 9REN    1.2.17 SolEs    1.2.18 InfraRed    1.2.19 OperaFund    1.2.20 OperaFund – Dissenting Opinion    1.2.21 BayWa    1.2.22 BayWa - Dissenting Opinion    1.2.23 Stadtwerke    1.2.24 Stadtwerke – Dissenting Opinion    1.2.25 RWE    1.2.26 RWE – Dissenting Opinion    1.2.27 Watkins    1.2.28 Watkins – Dissenting Opinion    1.2.29 PV Investors    1.2.30 PV Investors – Dissenting Opinion    1.2.31 Hydro    1.2.32 Cavalum    1.2.33 Cavalum – Dissenting Opinion   1.3 Lessons Learned    1.3.1 First Lesson Learned – Regulatory Frameworks Can Create Legitimate Expectations That Are Protected by International Investment Treaties    1.3.2 Second Lesson Learned – the Content of Domestic Law Is Crucial to Determine the Scope of Legitimate Expectations Based on a Regulatory Framework    1.3.3 Third Lesson Learned – Legal Due Diligence Is Essential to Ensuring the Existence of Legitimate Expectations to Regulatory Stability in Highly Regulated Sectors    1.3.4 Fourth Lesson Learned – the Sovereign Right to Regulate Has Its Limits, Which Is Related to the Rule of Law    1.3.5 Fifth Lesson Learned – the FET Involves a Balancing Exercise    1.3.6 Sixth Lesson Learned – Contractual Obligations Can Be Game Changers  2 Expropriation   2.1 General Comments   2.2 Spanish Saga Case Law    2.2.1 Charanne    2.2.2 Isolux    2.2.3 Eiser    2.2.4 Novenergia    2.2.5 Foresight    2.2.6 Cube    2.2.7 9REN    2.2.8 SolEs    2.2.9 InfraRed    2.2.10 BayWa    2.2.11 Hydro    2.2.12 Cavalum    2.3 Lessons Learned    2.3.1 First Lesson Learned – the Impact of the State’s Measures on Attributes of Ownership and/or Control Are Relevant Factors in Assessing Whether a Substantial Deprivation Occurred, and Continued Ownership and/or Control of Investments Elevates the Threshold to Be Met by the Economic Impact of the Disputed Measures    2.3.2 Second Lesson Learned – General Regulatory Measures Can Result in Indirect Expropriation  3 Umbrella Clause   3.1 General Comments   3.2 Spanish Saga Case Law    3.2.1 Isolux    3.2.2 Eiser    3.2.3 Novenergia    3.2.4 Masdar    3.2.5 Antin    3.2.6 Foresight    3.2.7 RREEF    3.2.8 Cube    3.2.9 NextEra    3.2.10 9REN    3.2.11 SolEs    3.2.12 InfraRed    3.2.13 OperaFund    3.2.14 BayWa    3.2.15 Stadtwerke    3.2.16 RWE    3.2.17 Watkins    3.2.18 Cavalum   3.3 Lessons Learned    3.3.1 First Lesson Learned – General Legislation, Directed at a Broad Class of Addressees, Falls outside the Scope of the Umbrella Clause    3.3.2 Second Lesson Learned – the Umbrella Clause May Apply Provided That a PPA Is Concluded between the Investor and an Agency Whose Actions Are Attributable to the State 5 Remedies  1 Restitution   1.1 General Comments   1.2 Spanish Saga Case Law    1.2.1 Charanne and Isolux    1.2.2 Eiser    1.2.3 Novenergia    1.2.4 Masdar    1.2.5 Antin    1.2.6 Foresight    1.2.7 RREEF    1.2.8 Cube    1.2.9 NextEra    1.2.10 9REN    1.2.11 SolEs    1.2.12 InfraRed    1.2.13 OperaFund    1.2.14 BayWa    1.2.15 Stadtwerke    1.2.16 RWE    1.2.17 Watkins    1.2.18 PV Investors    1.2.19 Hydro    1.2.20 Cavalum   1.3 Lessons Learned    1.3.1 First Lesson Learned – Restitution May Be Awarded in Investor-State Arbitrations, Although It Is Inappropriate in cases concerning Violations of Investment Treaties Caused by Regulatory Changes, Given the Disproportionate Impact on a Sovereign State’s Legislative Autonomy    1.3.2 Second Lesson Learned – If Restitution Is Awarded, Art. 26(8) ECT Requires to Enable the Respondent to “Pay Monetary Damages in Lieu of” Restitution. It Is Recommended That, Even outside the ECT Context, Similar Reservations Are Made in the Operative Parts of Arbitral Awards in Order to Respect State Sovereignty  2 Compensation   2.1 General Comments   2.2 Spanish Saga Case Law    2.2.1 Charanne and Isolux    2.2.2 Eiser    2.2.3 Novenergia    2.2.4 Masdar    2.2.5 Antin    2.2.6 Foresight    2.2.7 RREEF    2.2.8 RREEF – Dissenting Opinion    2.2.9 Cube    2.2.10 NextEra    2.2.11 9REN    2.2.12 SolEs    2.2.13 InfraRedMethodology and Calculations    2.2.14 OperaFund    2.2.15 BayWa    2.2.16 Stadtwerke    2.2.17 RWE    2.2.18 Watkins    2.2.19 PV Investors    2.2.20 Hydro    2.2.21 Cavalum   2.3 Lessons Learned    2.3.1 First Lesson Learned – DCF Is the Most Common Valuation Method Applied in Disputes concerning the RE Sector. The Highly Regulated Nature of the RE Sector Enables the DCF to Be Applied to Assess Compensation Even regarding Investments Which Have a Shorter Operating Track Record Than Would Be Required in Other Sectors    2.3.2 Second Lesson Learned – Arbitration Provides Flexibility regarding the Procedure to Be Used, Which Allows Tribunals to Request Calculations to Be Prepared Jointly by the Parties’ Appointed Experts    2.3.3 Third Lesson Learned – Claimants May Request a Tax Gross-Up, but They Face a High Evidentiary Threshold to Prove That a Specific Tax Will Apply and That It Is More Burdensome Than the Tax Which Would Have Applied (in the But-for Scenario) to Profits Which Would Have Been Obtained If the Treaty Had Not Been Violated 6 Conclusions Bibliography   Books and Reports   Articles and Book Chapters   Arbitral Documents (Awards, Decisions, Opinions, etc.)   Judgments and Opinions of the International Court of Justice and the Permanent Court of International Justice   Judgments and Opinions of the Court of Justice of the European Union and Its Predecessor   International Treaties   Spanish legislation   Spanish courts’ judgments   Other sources Index

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