Organisation Mondiale de la Santé
En tant que successeur de l'Organisation de la santé de la Société des Nations (OSSN), l'Organisation mondiale de la santé (OMS) a été fondée le 22 juillet 1946 en tant qu'agence spécialisée des Nations Unies (ONU), à des fins de coopération pour promouvoir et protéger la santé de tous les peuples. Selon l'article 1er de sa Constitution, l'OMS a pour but d'amener tous les peuples au niveau de santé le plus élevé possible. L'article 2 spécifie la manière dont cet objectif peut être atteint. La structure organisationnelle de l'OMS est très décentralisée. Les tâches de l'OMS sont menées à bien par L'Assemblée mondiale de la santé, qui est composée de délégués représentant les membres ; le Conseil exécutif, qui comprend 34 personnes élues par l'Assemblée de la santé ; le Secrétariat, dirigé par un Directeur général qui est nommé par l'Assemblée de la santé sur proposition du Conseil en tant que responsable technique et administratif de l'Organisation; et six agences régionales, constituées chacune d'un comité régional et d'un bureau régional. Le siège de l'organisation est situé à Genève, en Suisse.
Le présent guide de recherche se veut un point de départ pour mener des recherches sur l'Organisation mondiale de la santé. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu'il s'agisse de documents imprimés ou de documents sous format électronique. La section intitulée "Bibliographie sélective" présente une sélection de manuels, d'articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 157. Droit sanitaire (Opium, etc.); Organisation mondiale de la santé (OMS) et le mot-matière (mot-clef) Organisation mondiale de la santé sont des instruments permettant de faire une recherche dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d'autres ressources en ligne présentant un intérêt particulier.
Choix de bibliothécaire
Dempsey, P.S. and Jakhu, R.S. (eds.), Routledge Handbook of Public Aviation Law, London, Routledge, 2017.View this title in our link resolver Plinklet
Comprehensive analysis of Public Aviation Law - principally international, but also domestic law in a comparative context. International Law is pervasive in Aviation Law, and is incorporated into a number of major multilateral treaties (e.g., the Chicago Convention of 1944, for Public International Air Law). States then implement these international obligations in domestic laws that create aviation regulatory administrations that, in turn, promulgate regulations.Bringing together leading scholars in the field, this prestigious reference work provides a comprehensive and comparative overview of Public Aviation Law.
Malintoppi, L. and Tan, C. (eds.), Investment Protection in Southeast Asia : a Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties, Leiden, Brill Nijhoff, 2017.View this title in our link resolver Plinklet
Investment Protection in Southeast Asia : a Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties is a vital reference guide to investment protection in the region, providing succinct answers to the main questions that investors may consider in connection with investments in a given jurisdiction. Each country chapter covers arbitral legislation and institutions in the country, investment-related domestic laws, an analysis of its bilateral investment treaties, and a summary of investment cases involving the relevant State or its investors.
Stark, B. (ed.), Human Rights and Children, Cheltenham, Edwar Elgar Publishing, 2017.View this title in our link resolver Plinklet
This volume provides a comprehensive overview of children’s human rights, collecting the works of leading authorities as well as new scholars grappling with emerging ideas of ‘children’ and ‘rights.’ Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, this book explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children’s socio-economic rights, including their rights to education.
With an original introduction by the Professor Stark, this topical volume is an invaluable resource for scholars, students, and activists
Reinbold, J., Seeing the Myth in Human Rights, Philadelphia, University of Pennsylvania Press, 2017.View this title in our link resolver Plinklet
The 1948 Universal Declaration of Human Rights has been called one of the most powerful documents in human history. Today, the mere accusation of violations of the rights outlined in this document cows political leaders and riles the international community. Yet as a nonbinding document with no mechanism for enforcement, it holds almost no legal authority. Indeed, since its adoption, the Declaration's authority has been portrayed not as legal or political but as moral. Rather than providing a set of rules to follow or laws to obey, it represents a set of standards against which the world's societies are measured. It has achieved a level of rhetorical power and influence unlike anything else in modern world politics, becoming the foundational myth of the human rights project.
Seeing the Myth in Human Rights presents an interdisciplinary investigation into the role of mythmaking in the creation and propagation of the Universal Declaration. Pushing beyond conventional understandings of myth, which tend to view such narratives as vehicles either for the spreading of particular religious dogmas or for the spreading of erroneous, even duplicitous, discourses, Jenna Reinbold mobilizes a robust body of scholarship within the field of religious studies to help us appreciate myth as a mode of human labor designed to generate meaning, solidarity, and order. This usage does not merely parallel today's scholarship on myth; it dovetails in unexpected ways with a burgeoning body of scholarship on the origin and function of contemporary human rights, and it puts the field of religious studies into conversation with the fields of political philosophy, critical legal studies, and human rights historiography. For Reinbold, myth is a phenomenon that is not merely germane to the exploration of specific religious narratives but is key to a broader understanding of the nature of political authority in the modern world.
"Jenna Reinbold explores the role of mythology in the assertion of human rights discourse and offers an original, profound, and provocative contribution to debates on foundationalism in human rights, on the politics of human rights, and on the relationship between the sacred and the secular in international politics."—Bronwyn Leebaw, University of California, Riverside
"Seeing the Myth in Human Rights is an important work that is sharp but open-minded. Jenna Reinbold links the Universal Declaration of Human Rights to the notion of myth, not to debunk the human rights project but to illuminate the best-known legal, moral, and political document of the twentieth century."—Alexandre Lefebvre, University of Sydney
Weatherill, S., Law and Values in the European Union, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
How does the EU function, and why does it function in this fashion? Why do States in Europe choose to co-operate, and how does the EU enable this co-operation? An authoritative introduction to the study of EU law, setting the EU's unique legal framework in the political and economic contexts of integration. The author explains complex legal arguments surrounding the integration of the EU in a clear, concise fashion for the newcomer to EU law.
Ferrari, F. and Gillette, C.P. (eds.), International Sales Law, Cheltenham, Edward Elgar Publishing, 2017.View this title in our link resolver Plinklet
This authoritative collection presents carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. Together with an original introduction by the editors, these volumes provide the reader with both an international and an interdisciplinary perspective on the CISG and its application.
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Cultural heritage is a process, a discourse, a political reality, an economic opportunity, and a social arena as well as sites, objects, and performances. As such heritage “does work.” And as work cultural heritage is a cultural tool that is deployed broadly in society today. Heritage is at work in indigenous and vernacular communities, in urban development and regeneration schemes, in acts of memorialization and counteracts of forgetting, in museums and other spaces of representation, in tourism, in the offices of those making public policy, and all too frequently in conflicts over identity. Thus, heritage is not an inert something to be looked at. Rather, heritage is always in action, bringing the past into the present through historical contingency and manifold strategic appropriations and deployments. This volume emphasizes the active nature of heritage-making, hence heritage in action. The unifying theme of this volume is the way that heritage is active in enabling people to find ways to connect and reconnect with the idea of the past, with places, objects, and events acting as vectors and foci of meaning and activity. We attend to the individuals and communities that mobilize cultural heritage for a range of reasons and through a panoply of actions. We point towards a new, albeit imperfect, practical agenda for heritage in action.
Ilčev, S.D., Global Mobile Satellite Communications Theory : for Maritime, Land and Aeronautical Applications, Cham, Springer, 2017.View this title in our link resolver Plinklet
This book discusses current theory regarding global mobile satellite communications (GMSC) for maritime, land (road and rail), and aeronautical applications. It covers how these can enable connections between moving objects such as ships, road and rail vehicles and aircrafts on one hand, and on the other ground telecommunications subscribers through the medium of communications satellites, ground earth stations, Terrestrial Telecommunication Networks (TTN), Internet Service Providers (ISP) and other wireless and landline telecommunications providers. This new edition covers new developments and initiatives that have resulted in land and aeronautical applications and the introduction of new satellite constellations in non-geostationary orbits and projects of new hybrid satellite constellations. The book presents current GMSC trends, mobile system concepts and network architecture using a simple mode of style with understandable technical information, characteristics, graphics, illustrations and mathematics equations. The first edition of Global Mobile Satellite Communications (Springer, 2005) was split into two books for the second edition—one on applications and one on theory. This book presents global mobile satellite communications theory.
Krzysztofek, M., Post-reform Personal Data Protection in the European Union : General Data Protection Regulation (EU) 2016/679, Alphen aan den Rijn, Wolters Kluwer, 2017.View this title in our link resolver Plinklet
Post-Reform Personal Data Protection in the European Union, the first in English and in the market on this area, offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects in the context of General Data Protection Regulation (GDPR, i.e., Regulation (EU) 2016/679). Personal data protection has become one of the central issues in the understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the GDPR of 2016. GDPR will become applicable directly in all the Member States, providing for a unification of data protection rules within the EU. It, however, also poses a problem of enabling international trade and data transfers outside the EU between economies which have different data protection models in place. This book forms the core of the personal data protection regime.
Katsh, E. and O. Rabinovich-Einy, Digital Justice : Technology and the Internet of Disputes, New York, NY, Oxford University Press, 2017.View this title in our link resolver Plinklet
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Gillespie, A.A., Cybercrime : Key Issues and Debates, Abingdon, Oxon, New York, NY, Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
Cybercrime is a significant emerging area of both teaching and research in academic law. As technology develops, so do new opportunities for that technology to be exploited by criminals and as a result Cybercrime is increasingly recognised as a distinct branch of criminal law and the subject of specific courses and modules within wider Information Technology law programmes. This book is designed to support teaching in this fast paced area, offering a critical, thematic overview that provides students with an introduction to the subject that shows connections between topics clearly and highlights areas of debate. Written with an emphasis on the law in the UK and Europe, and considering in detail the Council of Europe's important Convention on Cybercrime, this text also critically discusses the jurisdictional aspects of Cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and recent controversial areas such as cyberterrorism, harassment and sexual offences are explored.
Lostal, M., International Cultural Heritage Law in Armed Conflict: Case Studies of Syria, Libya, Mali, the Invasion of Iraq, and the Buddhas of Bamiyan, Cambridge, Cambridge University Press, 2017.View this title in our link resolver Plinklet
This book fills gaps in the exploration of the protection of cultural heritage in armed conflict based on the World Heritage Convention. Marina Lostal offers a new perspective, designating a specific protection regime to world cultural heritage sites, which is so far lacking despite the fact that such sites are increasingly targeted. Lostal spells out this area's discrete legal principles, providing accessible and succinct guidelines to a usually complex web of international conventions. Using the conflicts in Syria, Libya and Mali (among others) as case studies, she offers timely insight into the phenomenon of cultural heritage destruction. Lastly, by incorporating the World Heritage Convention into the discourse, this book fulfills UNESCO's long-standing project of exploring 'how to promote the systemic integration between the [World Heritage] Convention of 1972 and the other UNESCO regimes'. It is sure to engender debate and cause reflection over cultural heritage and protection regimes.
Wilson, S. (et al.), Japanese War Criminals: The Politics of Justice after the Second World War, New York, Columbia University Press, 2017.View this title in our link resolver Plinklet
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
Remy, S.P., The Malmedy Massacre: The War Crimes Trial Controversy, Cambridge, MA, London, Harvard University Press, 2017.View this title in our link resolver Plinklet
During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near the Belgian town of Malmedy―the deadliest mass execution of U.S. soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre―and the decade-long controversy that followed―to set the record straight. After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators―some of them Jewish émigrés―had coerced false confessions and that heat of battle conditions, rather than superiors’ orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution’s true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957. The Malmedy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS’s brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war’s most infamous crimes through a systematic campaign of fabrications and distortions.
Jaffe, S.D., Airspace Closure and Civil Aviation: a Strategic Resource for Airline Managers, Farnham, Ashgate, 2015.View this title in our link resolver Plinklet
'In the wake of the shootdown of MH 17 in 2014, anyone involved in commercial aviation planning and operations should read this important book as a foundation for understanding the causes and consequences of airspace closure. The book does a remarkable job in tying together an enormously diverse set of topics - regulatory, technical, political, commercial, security, geographic - in an eminently readable fashion. The fascinating real-world vignettes that introduce each chapter are themselves worth the price of admission for anyone with an interest in international relations, economic geography, or aviation history.' Darryl Jenkins, The American Aviation Institute, USA
Stavridis, S. and D. Janc̆ić (eds.), Parliamentary Diplomacy in European and Global Governance, Leiden, Brill, 2017.View this title in our link resolver Plinklet
In Parliamentary Diplomacy in European and Global Governance, 27 experts from all over the world analyse the fast-expanding phenomenon of parliamentary diplomacy. Through a wealth of empirical case studies, the book demonstrates that parliamentarians and parliamentary assemblies have an increasingly important international role. The volume begins with parliamentary diplomacy in Europe, because the European Parliament is one of the strongest autonomous institutional actors in world politics. The study then examines parliamentary diplomacy in relations between Europe and third countries or regions (Mexico, Turkey, Russia, the Mediterranean), before turning attention to the rest of the world: North and South America, Asia, Africa and Australia. This pioneering volume confirms the worldwide nature and salience of parliamentary diplomacy in contemporary global politics.
Bergsmo, M., Rackwitz, K. and Tianying, S. (eds.), Historical Origins of International Criminal Law, Brussels, Torkel Opsahl Academic EPublisher, 2017.View this title in our link resolver PlinkletEditors' Preface:"This book seeks to make two contributions. First, the development of national capacity to investigate and prosecute core international crimes–genocide, crimes against humanity, war crimes and aggression–will continue for several decades into the future. (...) The book has been organised in four autonomous parts:Part I contains 41 individual expert opinions on investigations, prosecutions and questions of management, staffing and operations;Part II has three reports produced by groups of experts;Part III concerns the draft Code of Conduct and Regulations of the Office of the Prosecutor;Part IV explains some aspects of its first budget.(...) The second contribution we seek to make with this book is to open up this interesting interregnum to analysis and research, based on sound facts chronicled by first-hand materials. As such, the book contributes towards the institutional history of the ICC Office of the Prosecutor at the time of its birth. It is for this reason that the book appears as Volume 5 of Historical Origins of International Criminal Law."
Jakhu, R.S., Pelton, J.N. and Nyampong, Y.O.M., Space Mining and Its Regulation, Switzerland, Springer, 2017.View this title in our link resolver Plinklet
This book addresses the complex technical challenges presented by remote space mining in terms of robotics, remote power systems, space transport, IT and communications systems, and more. It also addresses the difficult oversight and regulatory issues that face states and non-state enterprises that would take on the perilous task of obtaining natural resources from the Moon and asteroids. An increasing number of countries are becoming involved in space-related activities that were previously carried out primarily by the United States and the USSR (now the Russian Federation). How these regulatory endeavors might be handled in international treaties, standards, codes of conduct or other means have become a truly international political issue. And there is yet another issue.
Cuniberti, G., Conflict of Laws: a Comparative Approach: Text and Cases, Cheltenham, UK: Edward Elgar Publishing, 2017.View this title in our link resolver Plinklet
The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply.
Contrary to other manuals or casebooks, which focus on the law of one jurisdiction, this casebook offers a comparative treatment of the field. On each issue, materials from several jurisdictions are discussed and compared. The approach centers on comprehending the common principles of the field, but also highlights the fundamental differences.
This casebook systematically presents and compares the laws of four jurisdictions: the United States, the European Union, France and England (where left untouched by EU harmonization). It offers additional insight into rules applicable in China and Japan and also discusses remarkable solutions adopted in a wide range of jurisdictions such as Italy, Germany, the Netherlands, Canada and Tunisia. All materials from non-English speaking jurisdictions have been translated into English.
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Wojcikiewicz Almeida, P., and J.-M. Sorel (eds.), Latin America and the International Court of Justice: Contributions to International Law, London, Routledge, 2017.View this title in our link resolver Plinklet
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region.
Geeraert, A., The EU in International Sports Governance: a Principal-Agent Perspective on EU Control of FIFA and UEFA, Houndmills, Basingstoke, Hampshire, New York, NY, Palgrave Macmillan, 2016.View this title in our link resolver Plinklet
This book demonstrates that the European Union (EU) can curtail the autonomy of FIFA and UEFA by building upon insights from the principal-agent model. The book analyses the levels of influence that the European Union (EU) has over sport governing bodies (SGBs). Contrasting with the US authorities’ decisive action, the EU seemed largely absent from the 2015 FIFA corruption saga. Even though the EU has established itself as an actor in its own right in international sports governance, there is still a lack of clarity over its capabilities to control SGBs. By employing a triangular principal-agent model, and by focusing on the case of EU control of FIFA and UEFA, the author demonstrates that the EU holds significant opportunities to control SGBs through both law and policy.
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Yassari, N., L.M. Möller, I. Gallala-Arndt (eds.), Parental Care and the Best Interests of the Child in Muslim Countries, The Hague, Asser Press, 2017.View this title in our link resolver Plinklet
This volume compiles selected contributions to the workshop ‘Parental Care and the Best Interests of the Child in Muslim Countries’, which was convened at the Centre Jacques Berque pour les Études en Sciences Humaines et Sociales au Maroc in Rabat, Morocco, 1–5 April 2015. In recent years, legislatures of many Muslim countries have revised the conventional Islamic rules on child custody. Whereas in the past, rules were oriented on fixed age brackets and the gender of the parent and child, they have increasingly been formulated in favour of the principle of the best interests of the child and/or in favour of the mother through an extension of the custodial time period afforded to her as a matter of law. This book contains a historical perspective on the evolution of domestic rules on parental care and on the introduction and development of the notion of the best interests of the child in ten countries. Further, the chapters consider social and cultural factors and discuss the particular characteristics of each country before analysing the policies and agendas of national legislatures and other stakeholders which have led them to amend law in a specific direction. The countries are: Egypt, India, Indonesia, Iraq, Jordan, Lebanon, Pakistan, Qatar, South Africa, Tunisia,
Laquer Estin, A., International Family law, Cheltenham, UK, Edward Elgar Publishing, 2016View this title in our link resolver PlinkletThis collection canvasses the growing literature on international family law, extending from the traditional private law governing cross-border families, to multi-lateral treaties on subjects such as child abduction and intercountry adoption, to the framework of international human rights law that shapes domestic and international family law systems. Volume I explores the internationalization of family law and considers adult relationships, whilst Volume II examines parent–child relationships. All of the articles are tied together in the Editor’s introductory essay, which provides a useful and insightful overview.
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Prete, L., Infringement Proceedings in EU Law, Alphen aan den Rijn, Wolters Kluwer, 2017.View this title in our link resolver Plinklet
Infringement Proceedings in EU Law is a comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 of the Treaty on the Functioning of the European Union (TFEU). Infringement proceedings constitute a significant proportion of proceedings before the CJEU and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to fulfil an obligation under the EU Treaties. The questions confronted in this book are whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis and, if not, what changes are needed to secure that end now and in coming years.
Malinowska, K., Space Insurance: International Legal Aspects, Alphen aan den Rijn, Kluwer Law International, 2017.View this title in our link resolver Plinklet
This book focuses on the legal aspects of space insurance, in the contractual context, analysing the theory of space risk insurance, as well as the insurance terms used in the market. Insurance related to outer space activities, has been around since the 1960s, but has become vastly more significant with the increased commercial use of satellites. In light of this increasing significance, this book offers the first in-depth coverage, both practical and theoretical, of space insurance from an international law perspective. The author emphasises the need to understand the various insurance risks facing particular types of commercial space activities, including pre-launch, launch, satellite operation and communications, satellite navigation, satellite remote sensing and space station operation.
Lepard, B.D. (ed.), Reexamining Customary International Law, Cambridge, Cambridge University Press, 2017.View this title in our link resolver Plinklet
Tis book takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
Paterson, S., and R. Zakrzewski (eds.), McKnight, Paterson, and Zakrzewski on the Law of International Finance (2nd ed.), Oxford, Oxford University Press, 2017.View this title in our link resolver Plinklet
This acclaimed and comprehensive work analyses the legal issues involved in international finance transactions operating under English law. The second edition thoroughly updates the book to take account of major developments in regulation, practice, and case law since the first edition published in 2008. The most notable development in the intervening period has been the global financial crisis of 2008-9, whose effects have profoundly changed the nature of international finance, and the new edition has been updated by a team of expert editors and contributors to reflect the post-crisis legal framework of international transactions. The new edition covers the many significant changes to Bank Regulation which have occurred since 2008. Major developments in conflicts of laws and cross-border insolvency are addressed, including the consequences of the decision in Rubin v Eurofinance. This edition also takes account of major litigation in the sovereign debt field, significant developments in the loan markets, and recent challenges with the provision of legal opinions, including the increasing need to provide opinions in cross-border transactions. Developments in financing structures in the aftermath of the financial crisis are examined. Significant litigation in the derivatives field (partly as a response to the collapse of Lehman Brothers Holdings Inc.) and amendments proposed by the International Swaps and Derivatives Association are also addressed. There is also coverage of further work on secured transactions following the Law Commission's and the City of London Law Society's Working Party's proposals.
Schillig, M, Resolution and Insolvency of Banks and Financial Institutions, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
This book provides a detailed analysis and critical assessment of the EU and US resolution regimes for banks and financial institutions on a comparative basis. The book analyses the EU legal framework under the Bank Recovery and Resolution Directive, and considers the challenges in national implementation through the two largest economies within the EU, Germany and the UK. The very influential laws of the US, (Securities Investor Protection Act 1970, and the Wall Street Reform and Consumer Protection Act: Dodd-Franck) are used as a comparative reference point. Through analysis of the new EU framework and of the more mature system in the US, the book considers whether and to what extent the EU framework and national regimes contribute to ensuring resolvability of financial institutions, how their efficacy may be increased with a view, in particular, to the resolution of cross border groups, and what the future may hold, especially in respect of a single European resolution authority.
Möckesch, A., Attorney-Client Privilege in International Arbitration, Oxford, Oxford University Press, 2017.View this title in our link resolver Plinklet
Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.
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Jones, S.G., Waging Insurgent Warfare: Lessons from the Vietcong to the Islamic State, New York, NY, Oxford University Press, 2017.View this title in our link resolver Plinklet
Since the end of World War II, there have been 181 insurgencies around the world. Today, there are over three dozen violent insurgencies, including in such high-profile countries as Iraq, Syria, Libya, Afghanistan, and Ukraine. These insurgencies have been led by a range of groups, from the Islamic State in Iraq and Syria to the Taliban in Afghanistan. In fact, most warfare today occurs in the form of insurgencies. If we are to understand modern warfare, we need to understand insurgencies. While numerous books have been written on the subject of insurgencies, there is no book that brings together all of what we know into one accessible volume that policymakers can understand and use. Waging Insurgent Warfare is that book. Seth G. Jones, who has been deeply involved in the Afghanistan war over the last decade, aims to help policymakers, scholars, and general readers better understand how groups start, wage, and end insurgencies. He weaves together examples from today and from recent history into an analytic synthesis that focuses on several sets of questions. First, what factors contribute to the rise of an insurgency? Second, what are the key components involved in conducting an insurgency? As he explains, insurgent groups need to decide on a strategy, employ a range of tactics, select an organizational structure, secure outside aid from state and non-state actors, and conduct information campaigns. They then have to routinely re-assess these decisions over the course of an insurgency. Third, what factors contribute to the end of insurgencies? Finally, what do the answers to these questions mean for the conduct of counterinsurgency warfare? Waging Insurgent Warfare is not only a practical handbook for understanding insurgent warfare, but it also has implications for waging counterinsurgent warfare. Highly readable, empirically sophisticated, and historically informed, Waging Insurgent Warfare will become a standard work on the topic.
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Shahabuddin M., Ethnicity and international law : histories, politics and practices, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
Ethnicity and International Law presents an historical account of the impact of ethnicity on the making of international law. The development of international law since the nineteenth century is characterised by the inherent tension between the liberal and conservative traditions of dealing with what might be termed the 'problem' of ethnicity. The present-day hesitancy of liberal international law to engage with ethnicity in ethnic conflicts and ethnic minorities has its roots in these conflicting philosophical traditions. In international legal studies, both the relevance of ethnicity, and the traditions of understanding it, lie in this fact.
Weber L., Fishwick E. and Marmo M. (eds.),The Routledge International Handbook of Criminology and Human Rights, London, New York, Taylor & Francis Group, 2017.View this title in our link resolver Plinklet
The Routledge International Handbook of Criminology and Human Rights brings together a diverse body of work from around the globe and across a wide range of criminological topics and perspectives, united by its critical application of human rights law and principles. This collection explores the interdisciplinary reach of criminology and is the first of its kind to link criminology and human rights.
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Cogan, J. K., The Oxford Handbook of International Organizations, Oxford, Oxford University Press, 2016View this title in our link resolver Plinklet
Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations.
Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks.
With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations.
The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.
Behrens, P., Diplomatic Interference and the Law, Oxford, Hart, 2016.View this title in our link resolver Plinklet
Diplomatic interference carries considerable potential for disruption. In this context, diplomats have been accused of insulting behaviour, the funding of political parties, incitement to terrorism and even attempts to topple the host government. Reactions can be harsh: expulsions are common and, occasionally, diplomatic relations are severed altogether. But an evaluation under international law faces challenges. Often enough, charges of interference are made when legitimate interests are involved – for instance, when diplomats criticise the human rights record of their hosts. In such cases, diplomats may be able to invoke grounds which are recognised under international law. On the basis of more than 300 cases of alleged diplomatic interference and the practice of about 100 States and territories, Diplomatic Interference and the Law provides an examination of the main areas in which charges of meddling have arisen – such as lobbying activities, contacts with the opposition, propaganda, the use of threats and insults and the granting of asylum. It analyses situations in which the sovereignty of the receiving State meets competing interests and offers solutions which avoid a conflict of norms. It concludes with useful advice for foreign offices and diplomatic agents and underlines the most efficient ways of dealing with situations of alleged interference.
Pease, K.K. , "Human Rights and Humanitarian Diplomacy", Manchester, Manchester University Press, 2016View this title in our link resolver Plinklet
Human rights and humanitarian diplomacy provides an up to date and accessible overview of the field, and serves as a practical guide to those seeking to engage in human rights work. Pease argues that while human rights are internationally recognised, important disagreements exist on definition, priority and implementation. With the help of human rights diplomacy, these differences can be bridged, and a new generation of human rights professionals will build better relationships.
Ronzitti, N., "Coercive Diplomacy, Sanctions and International Law", Leiden, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
This volume explores sanctions as instruments of coercive diplomacy, delving into theoretical arguments and combining perspectives from international law and international relations scholars and practitioners. Primary questions include the compatibility and legitimacy of sanctions regimes, enforcement measures, including the role of sanctions committees, the practice of circumventing sanctions, and the relation with the ICC proceedings. Legal and institutional aspects of the practice of the European Union are addressed. The extraterritorial effects of national legislation implementing sanctions imposed by individual States are investigated. A focus is on the impact of sanctions on non-State actors. The connections with the protection of human rights and the adverse impact on individual rights are considered. The implementation of sanctions is addressed in view of their legal limitation and the concept of proportionality, their consequences upon existing treaties and contracts, their effectiveness, and their strategic implications.
Olombi, J.-C., Guerre et paix: leçons de l'intervention de l'ONU en République Démocratique du Congo, Paris, L'Harmattan, 2015.View this title in our link resolver Plinklet
L'objet principal de cet ouvrage est de mesurer et de comprendre les causes de la crise en RDC, depuis son accession à l'indépendance, le 30 juin 1960 jusqu'à nos jours et le rôle que joue l'ONU dans ce pays, depuis plus d'une décennie. Mission d'observation, la MONUC, devenue la MONUSCO, s'est finalement muée en une mission multidimensionnelle, sous chapitre VII, accomplissant diverses taches allant de la sécurité des populations au soutien au processus électoral, en passant par le désarmement des groupes armés locaux ou étrangers ainsi que l'appui aux réformes institutionnelles. Du fait de la persistance de groupes armés et de leur criminalisation croissante, à l'Est du pays, la doctrine opérationnelle de l'ONU a évolué, d'une classique présence rassurante sur le terrain, à une implication croissante dans les opérations offensives ciblées et limitées, en appui aux FARDC. L'auteur analyse les acquis en matière de sécurité et les actions à mener en matière de gouvernance démocratique et de stabilisation du pays.
Strand, M., The passing-on problem in EU law damages and restitution, Cheltenham, UK ; Northampton, MA, USA ; Edward Elgar Publishing, 2017. Showcase itemView this title in our link resolver Plinklet
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this authoritative book Magnus Strand provides the first comprehensive examination of passing-on in EU law damages and restitution. The analysis covers a broad range of contexts including competition damages and the repayment of charges.
The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will a possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.
Fletcher, M., E. Herlin-Karnell & C. Matera, The European Union as an area of freedom, security and justice, London : New York, Routledge, Taylor & Francis Group, 2017. Showcase itemView this title in our link resolver Plinklet
Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.
As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.
Alvarez, J.E., The impact of international organizations on international law, Collected courses of the Xiamen Academy of International Law, volume 7, Leiden, Brill Nijhoff, 2017. Showcase itemView this title in our link resolver Plinklet
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.
Krajewski, M., Völkerrecht, Baden-Baden, Nomos, 2017. Showcase itemView this title in our link resolver Plinklet
Das Völkerrecht ist keiner einheitlichen Kodifikation unterworfen und unterliegt permanentem Wandel. Die Völkerrechtslehre steht vor dem Problem, ihren Gegenstand dennoch strukturiert und in seinen Zusammenhängen verständlich darzustellen.
Deyra, M., Droit international public, 5e édition, Issy-les-Moulineaux, Gualino, Lextenso éditions, 2018. Showcase itemView this title in our link resolver Plinklet
Le Droit international public correspond à l'ensemble des règles juridiques qui régissent les rapports internationaux entre sujets indépendants. C'est un droit sans législateur, aux effets relatifs et à portée variable. Dans la société internationale d'aujourd'hui marquée par la globalisation des relations et par le morcellement des structures, il est essentiel d'avoir les repères que constituent le droit des traités, des espaces, de la guerre, de la paix, des personnes, pour constater que ce n'est pas le Droit qui manque, mais que ce sont les États qui manquent à leurs droits. Ce livre constitue une synthèse ordonnée, complète et accessible du Droit international public.
Bradley, C.A., Custom's Future: International Law in a Changing World, New York, NY, Cambridge University Press, 2016.View this title in our link resolver Plinklet
Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.
Council of Europe, The Judge and International Custom = Le Juge et la Coutume Internationale, [Strasbourg], [Council of Europe], 2016.
"Loin d’être archaïque, comme certains pourraient le prétendre, la coutume internationale nous a paru être un sujet de réflexion d’un intérêt particulier dans le cadre d’une conférence intitulée "Le juge et la coutume internationale", qui est venue clore d’une belle façon la 44ème réunion du Comité des conseillers juridiques sur le droit international public (CAHDI) à Paris.
Sloss, D.L., The death of treaty supremacy: an invisible constitutional change, New York, NY, Oxford University Press, 2016. Showcase itemView this title in our link resolver Plinklet
Traditionally, the Constitution’s treaty supremacy rule provided that all treaties supersede conflicting state laws. The rule was designed to prevent treaty violations by state governments. From the Founding until World War II, treaty supremacy and self-execution were independent doctrines. Treaty supremacy was an aspect of federal supremacy; it governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the president.
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Cryer, R. and C. Henderson (eds.), Law on the Use of Force and Armed Conflict, London, Edward Elgar Publishing, 2017.View this title in our link resolver Plinklet
This comprehensive four-volume compilation presents seminal works from leading authors on the use of force and armed conflict, beginning with detailed analysis of the prohibition of forcible intervention, including interpretation of the rule and notable exceptions to it. In addition, the collection offers a wealth of important material on the law of armed conflict in connection with its foundations, applicability, sources, substance, practical application, and implementation. Together with an original introduction by the editors, the collection provides a thorough grounding in the law relating to the initial use of force and subsequent armed conflict, and is an essential source of reference for practitioners, academics and students alike.
Maslen, S.K. and S. Connolly, Police Use of Force under International Law, Cambridge, Cambridge University Press, 2017.View this title in our link resolver Plinklet
Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.
Fitzsimmons, S., Private Security Companies during the Iraq War: Military Performance and the Use of Deadly Force, London, Routledge, 2017.View this title in our link resolver Plinklet
This book explores the use of deadly force by private security companies during the Iraq War. The work focuses on and compares the activities of the US companies Blackwater and Dyncorp. Despite sharing several important characteristics, such as working for the same client (the US State Department) during the same time period, the employees of Blackwater fired their weapons far more often, and killed and seriously injured far more people in Iraq than their counterparts in DynCorp. In order to explain this disparity, the book undertakes the most comprehensive analysis ever attempted on the use of violence by the employees of these firms. Based on extensive empirical research, it offers a credible explanation for this difference: Blackwater maintained a relatively bellicose military culture that placed strong emphasis on norms encouraging its personnel to exercise personal initiative, proactive use of force, and an exclusive approach to security, which, together, motivated its personnel to use violence quite freely against anyone they suspected of posing a threat. Specifically, Blackwater’s military culture motivated its personnel to fire upon suspected threats more quickly, at greater distances, and with a greater quantity of bullets, and to more readily abandon the people they shot at when compared to DynCorp’s personnel, who maintained a military culture that encouraged far less violent behaviour. Utilizing the Private Security Company Violent Incident Dataset (PSCVID), created by the author in 2012, the book draws upon data on hundreds of violent incidents involving private security personnel in Iraq to identify trends in the behaviour exhibited by the employees of different firms. Based on this rich and original empirical data, the book provides the definitive study of contemporary private security personnel in the Iraq War.
Jaeckel, A.L.,The International Seabed Authority and the Precautionary Principle: Balancing Deep Seabed Mineral Mining and Marine Environmental Protection, Leiden, Boston, Brill Nijhoff, 2017.View this title in our link resolver Plinklet
With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals.
This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.
Orford, A., and F. Hoffmann (eds.), "The Oxford handbook of the Theory of International Law", Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field.
The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Haque, A. A., "Law and Morality at War", New York, Oxford University Press, 2017.View this title in our link resolver Plinklet
This book integrates legal analysis and moral philosophy. It seeks to defend, interpret, implement, and reform the law of armed conflict. It argues that the law of armed conflict should provide combatants with moral guidance, helping them to conform to their moral obligations as closely as possible. It presents the law of armed conflict as prohibitive rather than permissive, conferring limited immunities rather than broad privileges, and applying alongside human rights law as well as ordinary moral norms. It defends a broad interpretation of civilian immunity while advocating restraints on the use of force against combatants. It develops innovative approaches to target verification, indiscriminate weapons, proportionality, and precautions in attack. Notably, it proposes specific rules of engagement that operationalize complex legal and moral norms, thereby providing clearer guidance to combatants and greater protection to civilians. It argues that human shields‐including voluntary human shields‐generally retain their moral and legal protection. Finally, it argues that the Rome Statute of the International Criminal Court fails to prohibit and punish serious violations of the law of armed conflict and must be amended.
Keywords: law of war, law of armed conflict, international humanitarian law, civilian-combatant distinction, precautions, proportionality, human shields, war crimes, just war theory, military ethics.
Baldwin, D. A., "Power and International Relations : a Conceptual Approach", Princeton, Princeton University Press, 2016.View this title in our link resolver Plinklet
Contrary to conventional wisdom, the concept of power has not always been central to international relations theory. During the 1920s and 30s, power was often ignored or vilified by international relations scholars—especially in America. Power and International Relations explores how this changed in later decades by tracing how power emerged as an important social science concept in American scholarship after World War I. Combining intellectual history and conceptual analysis, David Baldwin examines power's increased presence in the study of international relations and looks at how the three dominant approaches of realism, neoliberalism, and constructivism treat power.
The clarity and precision of thinking about power increased greatly during the last half of the twentieth century, due to efforts by political scientists, psychologists, sociologists, economists, philosophers, mathematicians, and geographers who contributed to "social power literature." Baldwin brings the insights of this literature to bear on the three principal theoretical traditions in international relations theory. He discusses controversial issues in power analysis, and shows the relevance of older works frequently underappreciated today.
Focusing on the social power perspective in international relations, this book sheds light on how power has been considered during the last half century and how it should be approached in future research.
Thakur, R.C., "The United Nations, Peace and Security : From Collective Security to the Responsibility to Protect", Cambridge, Cambridge University Press, 2017.View this title in our link resolver Plinklet
Ending humanitarian atrocities has become as important for the United Nations as preventing interstate war. This book examines the transformation of UN operations, analysing its changing role and structure. Ramesh Thakur asks why, when and how force may be used, and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the United States, with its capacity to use force and project power, and the United Nations, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and a rules-based order focused on the United Nations as the foundation of a civilised system of international relations. This book will be of interest to students of the United Nations and international organisations in politics, law and international relations departments, as well as policymakers in governmental and non-governmental international organisations.
• Covers the entire international peace and security policy agenda - will appeal to all analysts and practitioners of international policy • Locates the Responsibility to Protect in the broader context of the international and UN policy agenda from 1945 to 2015 • The breadth and depth of analysis is both comprehensive and authoritative • Has an easy and accessible writing style - will appeal to a broad cross-section of people interested in learning about the main trends in global affairs
Alvarez, J.E., "The Impact of International Organizations on International Law", Leiden, Nijhoff, 2017.View this title in our link resolver Plinklet
José E. Alvarez, New York University Law School
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.
"A masterfully crafted piece of scholarship that engages with the very raison d’être of international organizations. Written by one of the leading authorities in the field, this book provides an insightful, perspicacious and to-the-point analysis of the impact of international organizations in today’s international legal order while also shedding light on their weaknesses. A must read for all those whose work touches upon the law of international organization." ~Laurence Boisson de Chazournes, University of Geneva
"The role of Public International Law, rooted largely in decisions of or relating to international institutions, has been steadily, quietly re-shaping international economic relations and other links between states and regions for decades. There is no greater authority on international organizations within the American law community than Professor José Alvarez. This volume illuminates these trends as well as their limitations and vulnerabilities. It delivers a first-rate, incisive primer on the field." ~David M. Malone, Under-Secretary-General of the United Nations, Rector of the UN University
Roberts, I. (ed.), "Satow's Diplomatic Practice", Oxford, Oxford University Press, 2017.View this title in our link resolver Plinklet
First published in 1917, Satow's Diplomatic Practice has long been hailed as a classic and authoritative text. An indispensable guide for anyone working in or studying the field of diplomacy, this seventh, centenary edition builds on the extensive revision in the sixth edition. The volume provides an enlarged and updated section on the history of diplomacy, including the exponential growth in multilateral diplomacy, and revises comprehensively the practice of diplomacy and the corpus of diplomatic and international law since the end of the Cold War. It traces the substantial expansion in numbers both of sovereign states and international and regional organisations and features detailed chapters on diplomatic privileges and immunities, diplomatic missions, and consular matters, treaty-making and conferences.
The volume also examines alternative forms of diplomacy, from the work of NGOs to the use of secret envoys, as well as a study of the interaction with intelligence agencies and commercial security firms. It also discusses the impact of international terrorism and other violent non-state actors on the life and work of a diplomat. Finally, in recognition of the speed of changes in the field over the last ten years, this seventh edition examines the developments and challenges of modern diplomacy through new chapters on human rights and public/digital diplomacy by experts in their respective fields.
Gleeson, S, and R. Guynn, Bank Resolution and Crisis Management: Law and Practice, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
The 2008 global financial crisis ushered in the biggest explosion in new bank regulation around the world since the Great Depression. Even more so than then, this new regulation has been coordinated on a global basis and reflects global standards as well as local idiosyncracies. Although governments and regulators have sought to put measures in place to prevent the failure of banks, they have acknowledged the need for measures to address what happens when banks fail or are threatened with failure and how to resolve such failure. Bank Resolution and Crisis Management: Law and Practice deals with the measures which European, U.S. and international law and policy makers have sought to put in place to deal with the threat of financial institutions failing, including enhanced supervision, early intervention and so called 'living wills'. Measures such as 'bail-out' (protecting private shareholders and creditors against losses) and 'bail-in' (imposing losses on shareholders and long-term creditors without causing contagion among short-term creditors) are discussed. The work includes comprehensive summaries and commentary on the EU Bank Recovery and Resolution Directive, the UK resolution laws including the Banking Act 2009 and amendments to that act, the Orderly Liquidation Authority under Title II of the U.S. Dodd-Frank Act, proposed new Chapter 14 to the U.S. Bankruptcy Code, and the bank resolution provisions of the U.S. Federal Deposit Insurance Act. The book also provides detailed commentary on the provisions in the Banking Act 2009 dealing with resolution, including discussion of the stabilisation, bank administration and insolvency powers. This includes analysis of secondary legislation such as the Partial Transfers Order. Special emphasis is given to the practical effect of such measures on financial transactions and their impact on arrangements, such as netting and set-off. There is also commentary on the Financial Services Investor Compensation Scheme and its role in returning money to the depositors in a failing bank. The special position of failing investment banks is also a feature of the book. Coverage includes analysis of the legislation adopted to address the particular issues that arose in the failure of Lehman Brothers and the resulting litigation, particularly that relating to the recovery of client assets.
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Gillette, C.P. and Walt, S.D., The UN Convention on Contracts for the International Sale of Goods: Theory and Practice, New York, Cambridge University Press, 2016.View this title in our link resolver Plinklet
Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.
Goertz, G., P.F. Diehl and A. Balas, The Puzzle of Peace: The Evolution of Peace in the International System, New York, NY, Oxford University Press, 2017.View this title in our link resolver Plinklet
The Puzzle of Peace moves beyond defining peace as the absence of war and develops a broader conceptualization and explanation for the increasing peacefulness of the international system. The authors track the rise of peace as a new phenomenon in international history starting after 1945. International peace has increased because international society has developed a set of norms dealing with territorial conflict, by far the greatest source of international war over previous centuries. These norms prohibit the use of military force in resolving territorial disputes and acquiring territory, thereby promoting border stability. This includes the prohibition of the acquisition of territory by military means as well as attempts by secessionist groups to form states through military force. International norms for managing international conflict have been accompanied by increased mediation and adjudication as means of managing existing territorial conflicts.
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Gasparini, A. (ed.), The Walls between Conflict and Peace, Leiden; Boston, Brill, 2017.View this title in our link resolver Plinklet
The Walls between Conflict and Peace discusses how walls are not merely static entities, but are in constant flux, subject to the movement of time. Walls often begin life as a line marking a radical division, but then become an area, that is to say a border, within which function civil and political societies, national and supranational societies. Such changes occur because over time cooperation between populations produces an active quest for peace, which is therefore a peace in constant movement. These are the concepts and lines of political development analysed in the book. The first part of the book deals with political walls and how they evolve into borders, or even disappear. The second part discusses possible and actual walls between empires, and also walls which may take shape within present-day empires. The third part analyses various ways of being of walls between and within states: Berlin, the Vatican State and Italy, Cyprus, Israel and Palestine, Belfast, Northern European Countries, Gorizia and Nova Gorica, the USA and Mexico. In addition, discussion centres on a possible new Iron Curtain between the two Mediterranean shores and new and different walls within the EU. The last part of the book looks at how walls and borders change as a result of cooperation between the communities on either side of them. The book takes on particular relevance in the present circumstances of the proliferation of walls between empires and states and within single states, but it also analyses processes of conflict and peace which come about as a result of walls.
Limenta, M., WTO Retaliation: Effectiveness and Purposes, Oxford, Hart Publishing, 2017.View this title in our link resolver PlinkletThis book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators.
Fawcett, J.J., Shúilleabháin. M.N., Shah, S., Human Rights and Private International Law, Oxford: Oxford University Press, 2016.View this title in our link resolver Plinklet
A comprehensive analysis of the relationship between human rights and private international law. Contains a focussed discussion of individual rights through human rights jurisprudence and the imapct of this on aspects of private international law. The book treats numerous English private international law cases discussing human rights concerns arising in the commercial law context, alongside high profile cases dealing with torture and same sex marriage.The right to a fair trial is central to the intersection between human rights and private international law, and is considered in depth along with the right to freedom of expression; the right to respect for private and family life; the right to marry; the right to property; and the prohibition of discrimination on the ground of religion, sex, or nationality. Focussing on, though not confined to, the human rights set out in the ECHR, the work also examines the rights laid down under the EU Charter of Fundamental Rights and other international human rights instruments.
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Jakhu, R.S. and Dempsey, P.S. (eds.), Routledge Handbook of Space Law, London, Routledge, 2017.View this title in our link resolver Plinklet
The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation. Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts:
• Part I: General Principles of International Space Law
• Part II: International Law of Space Applications
• Part III: National Regulation of Space Activities
• Part IV: National Regulation of Navigational Satellite Systems
• Part V: Commercial Aspects of Space Law
Ruse-Khan, H.G., The Protection of Intellectual Property in International Law, Oxford, United Kingdom, Oxford University Press, 2016.View this title in our link resolver Plinklet
This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. These frameworks allow for different ways to conceptualise the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system. It analyses the relationship of the two main IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law: the intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements as well as European human rights treaties. Part four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.
Lai, J.C., Intellectual Property and Access to Im/material Goods, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2016.View this title in our link resolver Plinklet
Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.
Stamatoudi, I.A., New Developments in EU and International Copyright Law, Alphen aan den Rijn, Wolters Kluwer, 2016.View this title in our link resolver Plinklet
New Developments in EU and International Copyright Law draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications’, white papers and court decisions – at both European Union and the World Intellectual Property Organization levels. More than a source of income and a means of protection for creators, rightholders and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. Throughout the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions and other forces, European and global. Although it has met certain challenges – some of those involving new technologies – copyright ‘stretching’ may have reached its limit. This book thus offers a multi-faceted approach to comprehend the ongoing developments in copyright, taking into account politics, policies, the law and what is attainable in the given circumstances.
Perry, M., Global Governance of Intellectual Property in the 21st century : reflecting Policy through Change, Cham, Springer, 2016.View this title in our link resolver Plinklet
This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments.
Frankel, S., The Internet and the Emerging Importance of New Forms of Intellectual Property, Alphen aan den Rijn, Wolters Kluwer, 2016.View this title in our link resolver Plinklet
The Internet and the Emerging Importance of New Forms of Intellectual Property scrutinizes the existence of commonalities in the realm of intellectual property (IP) rights. The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of IP. Not only do these rights generally have less solid normative footing and few, if any, well-understood inherent limits, but the borders of their misappropriation are hard to draw as well. This book poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights.
Moston, S. and Engelberg, T., Detecting Doping in Sport, London, New York, Routledge, 2017.View this title in our link resolver Plinklet
This is a book about the detection of doping in sport. A recurring theme in this book is that the detection of doping has hitherto been conducted in ways that effectively ensure that doping will not be detected. This failure reflects a combination of both accidental and deliberate factors, leading to one inescapable conclusion: in most countries and in most sports, efforts to detect doping are more concerned with the need to appear to be doing something, rather than to be doing something that works. This particular idea is not new, and has even been voiced by many of those charged with leading anti-doping bodies. It would be fair to say that the inability to detect and deter doping has prompted a world-weariness among many leading scholars, such that their preferred solution is to abandon anti-doping altogether. However, while such sentiments might be roundly endorsed at conferences or in academic publications, they are essentially just background noise. Athletes, sporting bodies, sponsors and the public do not want athletes to be doping. It may be worth noting that few of those stakeholders could probably articulate what it is that they object to, and many would offer somewhat contradictory and even incoherent reasons for opposing doping, but the core opposition to doping by athletes is entrenched and shows no sign of changing.
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Toth, O., Lex Mercatoria in Theory and Practice, Oxford, Oxford University Press, 2017.View this title in our link resolver Plinklet
The book offers a theoretically justified and pragmatic concept of the so-called 'lex mercatoria' contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour within a business community followed out of fear of criticism and a willingness to criticize others in case of deviation. This two-element test increases legal certainty and potentially reduces the time and costs of proving the rule. Case studies are included to illustrate the practical implications of the analysis and more difficult issues such as burden of proof, admissible evidence and the role of written harmonization measures are also considered. The approach adopted in the book reduces the elusiveness of the concept and offers an analysis which makes the lex mercatoria clearer for scholars and more attractive for practitioners.
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Guild, E., BREXIT and its Consequences for UK and EU Citizenship or Monstrous Citizenship, Leiden, Brill Nijhoff, 2017.View this title in our link resolver Plinklet
This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.
Wolfrum, R., M. Sersic, & T.M. Sosic, Contemporary Developments in International Law: Essays in Honour of Budislav Vukas, Leiden : Boston, Brill Nijhoff, 2016. Showcase itemView this title in our link resolver Plinklet
For the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas’s interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities’ protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means).
Andres Sáenz de Santa Maria, P. & R. Rodriguez Magdaleno, Derecho Internacional Público: Textos y Materiales, Cizur Menor (Navarra), Civitas/Thomson Reuters, 2016. Showcase itemView this title in our link resolver Plinklet
La implantación obligatoria del nuevo título de grado en Derecho, impuesta por la adaptación al Espacio Europeo de Educación Superior (EEES) en el marco del proceso de convergencia iniciado por la Declaración de Bolonia de 1999, ha implicado profundos cambios en la forma en que las diferentes disciplinas jurídicas son expuestas por los profesores y estudiadas por los alumnos en las Universidades españolas. Así, el nuevo crédito ECTS asigna un papel capital en el proceso de adquisición por los estudiantes de los conocimientos, capacidades y destrezas correspondientes a las clases lectivas prácticas así como a la realización de otras actividades académicas dirigidas, como seminarios o trabajos, con la convicción de que la enseñanza práctica debe asumir una mayor relevancia en nuestra Universidad. El panorama de los libros de texto y manuales universitarios en España ha carecido hasta el momento de recursos que respondan a las necesidades que en la preparación de la asignatura plantea el nuevo sistema de enseñanza universitaria , tanto para el profesor como para el alumno.
Couvreur, P., The International Court of Justice and the Effectiveness of International Law, Leiden, Brill, 2017.View this title in our link resolver Plinklet
The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.
Teilmann-Lock, S., Object of copyright : a conceptual history of originals and copies in literature, art and design, London, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
This book presents an interdisciplinary study of the growth of copyright law, largely based on archival research and on archival materials only recently made available online. The new history here articulated helps to explain why print is no longer today the sole or even the chief object of copyright protection. Taking its key examples from British, French and Danish copyright law, the book begins by exploring how the earliest copyright laws emerged out of the technological understanding of a printed copy, and out of the philosophical notions of originals and copies, tangibles and intangibles.
Blake, J., International Cultural Heritage Law, Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analysing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.
Vadi V. and Schneider H.E.G.S. (eds.), Art, cultural heritage and the market: ethical and legal issues, Heidelberg, Springer, 2014.View this title in our link resolver Plinklet
Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book.
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Mossop, J., The Continental Shelf beyond 200 Nautical Miles: Rights and Responsibilities, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
Under the United Nations Law of the Sea Convention (LOSC), coastal States have sovereign rights over the resources of their continental shelf out to 200 nautical miles (nm) from the coast. Where the physical shelf extends beyond 200 nm, States may exercise rights over those resources to the outer limits of the continental shelf. More than eighty States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nm, and the Commission on the Limits of the Continental Shelf (CLCS) is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, focusing on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States, which are different from those faced in respect of the shelf within 200 nm.
Also available as e-book
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Priemel, K.Ch., The Betrayel: the Nuremberg Trials and German Divergence, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity' had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence from a presumed Western path of development, Allied prosecutors sketched a historical trajectory which had led Germany to betray the Western model. Historical reasoning both accounted for the moral breakdown of a 'civilised' nation and rendered plausible arguments that this had indeed been a collective failure rather than one of a small criminal clique. The prosecutors therefore carefully laid out how institutions such as private enterprise, academic science, the military, or bureaucracy, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitler's rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist which was of obvious appeal in the Cold War to come: if Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal thus also explores how history underpins transitional trials as we encounter them in today's courtrooms from Arusha to The Hague.
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Couvreur, P., The International Court of Justice and the Effectiveness of International Law, Leiden, Brill/Nijhoff, 2017.View this title in our link resolver Plinklet
This publication, by Philippe Couvreur, Registrar of the International Court of Justice since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. The book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.
Hilpert, H., Nationale und internationale Fußballrechtsprechung, Wien, Jan Sramek Verlag, 2016.View this title in our link resolver Plinklet
Das Sammelwerk über die Fußballrechtsprechung berichtet über die Rechtsfälle des Spielbetriebs. Vor den materiellen rechtlichen Ausführungen gibt der Verfasser einen Rückblick auf die Sportrechtsgeschichte. Im Mittelpunkt der Darstellung stehen die bedeutsamen Fälle der jüngsten Vergangenheit und der Gegenwart. Ein Einschnitt erfolgte dabei durch das Eindringen der Technik in dieses Rechtsgebiet. Die Erfahrung mit der Torlinientechnik wird überwiegend positiv geschildert. Teilweise jedoch mit Einschränkungen, etwa bei den head-sets, die den Schiedsrichter mit seinen Kollegen von der Linie verbinden. Dies würde nach Meinung einiger Bundestrainer den Hauptschiedsrichter von seiner eigentlichen Aufgabe ablenken. Der Autor berichtet über das weitere Voranschreiten der Technik: Der Videobeweis, der in den Niederlanden schon gilt, soll auch in Deutschland in einer Versuchsphase getestet werden. Das Buch zeigt jedenfalls die Fragezeichen auf. Gerechtigkeit und Fair-play im LändervergleichDer Anhang enthält – erstmalig im deutschsprachigen Raum – einen Vergleich einzelner sportrechtlicher Fragestellungen für Deutschland, die Schweiz und Österreich. Von diesem Werk profitieren außer Sportrechtswissenschaftlern insbesondere Sportrichter.
Barrett, J. and Barnes, R. (eds.), Law of the Sea: UNCLOS as a Living Treaty, London, British Institute of International and Comparative Law, 2016.View this title in our link resolver Plinklet
The United Nations Convention on the Law of the Sea (UNCLOS) now has nearly 170 States parties and is still attracting new ones. Often described as the "Constitution of the Sea," it sets the legal framework for all matters concerning the world's oceans. This book provides original thinking on a broad range of issues relating to maritime delimitation, including: exploiting the outer continental shelf; emerging international energy issues at sea; the relationship between climate change and law of the sea; protecting human security and the marine environment; China's approach to UNCLOS; and the settlement of disputes for States and the European Union. The book analyzes the fundamental nature of UNCLOS and concludes that it may now be characterized as a "living treaty" due to its capacity to adapt to new realities.
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Peers, S., EU Justice and Home Affairs Law, Oxford EU Law Library, Oxford, fourth edition, 2016.View this title in our link resolver Plinklet
EU Justice and Home Affairs Law examines in detail the EU legislation and case law on the issues of criminal law and procedure, policing and security, and civil cooperation in these areas, discussing the impact and ongoing development of EU law in these complex and controversial fields. The new edition particularly covers new EU legislation, case law, and operational developments since 2010 on: fair trials legislation; the Schengen Information System; the European Arrest Warrant; the European Investigation Order; the rights of victims of crime; and data protection. The book includes comprehensive coverage of the institutional framework and related human rights aspects, in addition to the connections with other areas of EU law. It concludes with a summary of EU civil law rules, and is updated to cover new legislation on civil jurisdiction, insolvency, small claims, and cross-border family issues.
Milde, M., International Air Law and ICAO, The Hague, Eleven international publishing, 2016.View this title in our link resolver Plinklet
This is the third edition of the acclaimed International Air Law and ICAO, first published in 2008. The book has been fully updated to take the latest developments into account. Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. There is a practical need for a compact but exhaustive and easily comprehensible textbook or reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). This book fills this gap as it is a general treatise of the law of international civil aviation aimed at the needs of university students and educators, government authorities, airlines, practicing lawyers, journalists, international organizations and the general public.
Hefner, R.W. (ed.), Shari'a Law and Modern Muslim Ethics, Bloomington, Indiana University Press, 2016.View this title in our link resolver Plinklet
Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari'a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.
Barros, A.S. (eds.) (et al.), "International Organizations and Member State Responsibility. Critical Perspectives", Leiden, Brill, 2017.View this title in our link resolver Plinklet
Edited by Ana Sofia Barros, Cedric Ryngaert and Jan Wouters
International Organizations and Member State Responsibility: Critical Perspectives is the first international public law book entirely devoted to the topic of member state responsibility. Throughout its ten contributions, it takes stock of the legal developments brought about by the International Law Commission’s work on international responsibility, and critically unveils the major remaining conceptual gaps in the field.
The novel approaches offered in the book serve as a repository of the various understandings within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility.
Contributors: Ana Sofia Barros, Cedric Ryngaert, Jan Wouters, Antonios Tzanakopoulos, Catherine Brölmann, Esa Paasivirta, Francesco Messineo, Ige Dekker, Jean d’Aspremont, Niels Blokker, Paolo Palchetti, Ramses Wessel, Tom Dannenbaum
This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).
Foucher, M., Le retour des frontières, Paris, CNRS Editions, 2016.View this title in our link resolver Plinklet
Le retour des frontières, dans les faits et les consciences, est une bonne nouvelle. À condition de l’interpréter et d’en user avec discernement. Celles-ci n’avaient jamais disparu, sauf sur nos cartes mentales de voyageur européen. Une frontière n’est pas un tracé abstrait mais une institution, et la franchir aisément ne l’annule pas. Abolir les frontières, c’est faire disparaître les États. Un monde sans frontières est un monde barbare, ce que l’horreur daechite nous a rappelé. Michel Foucher, géographe et diplomate, est titulaire de la chaire de géopolitique appliquée au Collège d’études mondiales. Il est l’auteur de L’Europe et l’avenir du monde (2009), L’obsession des frontières (2007, rééd. 2012), et plus récemment de Le retour des frontières (2016).
Fitzgerald, P.P., A Level Playing Field for "Open Skies": the Need for Consistent Aviation Regulaton, The Hague, Eleven International Publishing, 2016.View this title in our link resolver Plinklet
This book examines the events that have reshaped the international aviation industry between 1992 and 2012. It critically analyzes the major developments and the regulatory responses and highlights some of the incompatible and disjointed regulations that are ineffect at either end of international routes. The author proposes that Australia, Canada, the European Union (EU), New Zealand and the United States (US) form an international organization, to be known as the Open Skies International Aviation Block (OSIAB). The author further argues that such a forum is necessary to ensure that regulations in different countries are aligned so that competitive distortions potentially caused by regulatory disharmony are minimized, thus allowing the international airline industry to compete on the level international playing field. This book is aimed at scholars and practitioners in the field of (international) aviation regulation.
Müller, J. (ed.), "Reforming the United Nations. A Chronology", Leiden, Brill, 2016.View this title in our link resolver Plinklet
The UN celebrated its 70th anniversary in 2015. In the Volume Reforming the UN: A Chronology by Joachim Müller an exciting story is told describing the evolution of the UN through the main change initiatives applied by each Secretary-General, characterized by political confrontations, crises of confidence and organizational constraints. Initiatives included approving the Sustainable Development Goals, strengthening peacekeeping, enlarging the Security Council, establishing mechanisms to protect human rights, improving aid efficiency, and reforming management practices. This story is completed by a Chronology of Reform Events to enhance the transparency of parallel, multi-layer reform tracks. Lessons learned highlight the main drivers of changes, the interests and constraints, and the dynamics of the reform process: valuable insight for capitalizing on future change opportunities.
Dodds, K. and M. Nutall, The Scramble for the Poles: the Geopolitics of the Arctic and Antarctic, Cambridge; Malden, Polity Press, 2016.View this title in our link resolver Plinklet
In August 2007 a Russian flag was planted under the North Pole during a scientific expedition triggering speculation about a new scramble for resources beneath the thawing ice. But is there really a global grab for Polar territory and resources? Or are these activities vastly exaggerated? In this rich and wide-ranging book, Klaus Dodds and Mark Nuttall look behind the headlines and hyperbole to reveal a complex picture of the so-called scramble for the poles. Whilst anxieties over the potential for conflict and the destruction of what is often perceived as the world's last wildernesses have come to dominate Polar debates and are, to some extent, justified, their study also highlights longer historical and geographical patterns and processes of human activity in these remote territories. Over the past century, Polar landscapes have been probed, drilled, fished, tested on and dug up, as their indigenous populations have struggled to protect their rights and interests. No longer remote places, or themselves 'poles apart' from one another, the contemporary geopolitics of the Polar regions has lessons for us all as we confront a warming world where access to resources is a concern for states, big and small.
Abdel-Motaal, D., Antarctica: the Battle for the Seventh Continent, Santa Barbara, CA, Praeger, 2016.View this title in our link resolver Plinklet
The Antarctic Treaty and related agreements—collectively known as the Antarctic Treaty System (ATS)—regulate the seventh continent, which is the only continent without a native human population. The main treaty within the ATS came into force in 1961 and suspended all territorial claims in Antarctica. The Antarctic Environmental Protocol followed in 1998 and prohibited any minerals exploitation in the continent. With this prohibition up for review in 2048, this book asks whether the Antarctic Treaty can continue to protect Antarctica. Doaa Abdel-Motaal—an expert on environmental issues who has traveled through the Arctic and Antarctic—explains that the international community must urgently turn its attention to examining how to divide up the thawing continent in a peaceful manner. She discusses why the Antarctic Treaty is unlikely to be an adequate measure in the face of international competition for invaluable resources in the 21st century. She argues that factors such as global warming, the growth in climate refugees that the world is about to witness, and the increasingly critical quest for energy resources will make the Antarctic continent a highly sought-after objective. Readers will come to appreciate that what has likely protected Antarctica so far was not the Antarctic Treaty but the continent's harsh climate and isolation. With Antarctica potentially becoming habitable only a few decades from now, revisiting the Antarctic Treaty in favor of an orderly division of the continent is likely to be the best plan for avoiding costly conflict.
Zanders, J.P., Innocence Slaughtered: Gas and the Transformation of Warfare and Society, London, Uniform Press, 2016.View this title in our link resolver Plinklet
Among the many deadly innovations that were first deployed on the battlefields of World War I, none was as terrifying - or notorious - as poison gas. First used by the Germans on April 22, 1915, gas was instantly seen as a new way of fighting war, an indication that total warfare was here, and would be far more devastating and cruel than anyone had imagined. This book investigates the effects of chlorine gas at all levels, from its effects on individual soldiers to its impact on combat operations and tactics to its eventual role in the push to codify rules of warfare. Gathering eleven historians and experts on chemical weapons, Innocence Slaughtered puts WWI's cruelest innovation into its historical, industrial, and social context.
Fitzpatrick, G., T. McCormack and N. Morris, Australia's War Crimes Trials 1945-51, Leiden; Boston, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
This unique volume provides a detailed analysis of Australia’s 300 war crimes trials of principally Japanese accused conducted in the immediate aftermath of the Second World War. Part I contains contextual essays explaining why Australia established military courts to conduct these trials and thematic essays considering various legal issues in, and historical perspectives on, the trials. Part II offers a comprehensive collection of eight location essays, one each for the physical locations where the trials were held. In Part III post-trial issues are reviewed, such as the operation of compounds for war criminals; the repatriation of convicted Japanese war criminals to serve the remainder of their sentences; and reflections of some of those convicted on their experience of the trials. In the final essay, a contemporary reflection on the fairness of the trials is provided, not on the basis of a twenty-first century critique of contemporary minimum standards of fair trial expected in the prosecution of war crimes, but by reviewing approaches taken in the trials themselves as well as from reactions to the trials by those associated with them. The essays are supported by a large collection of unique historical photographs, maps and statistical materials. There has been no systematic and comprehensive analysis of these trials so far, which has meant that they are virtually precluded from consideration as judicial precedent. This volume fills that gap, and offers scholars and practitioners an important and groundbreaking resource.
Mitsilegas, V., M. Bergström and T. Konstadinides (eds.), Research Handbook on EU Criminal Law, Cheltenham; Northampton, Edward Elgar Publishing, 2016.View this title in our link resolver Plinklet
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies, and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.
Łazowski, A. & S. Blockmans, Research handbook on EU Institutional Law, Cheltenham, Edward Elgar, 2016.View this title in our link resolver Plinklet
Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.
409 A 18View this title in our link resolver Plinklet
Shany, Y., Questions of Jurisdiction and Admissibility before International Courts, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.
Fan Yang, Foreign-Related Arbitration in China: Commentary and Cases (2 Vols.), Cambridge, Cambridge University Press 2016.View this title in our link resolver Plinklet
This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently.
Shaw, M.N., Rosenne's Law and Practice of the International Court, 1920-2015 (4 vols) (5th ed.), Leiden, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice’s law and practice of his time. Irrefutably the leading work on the Court, previous editions of Rosenne’s Law and Practice of the International Court have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne’s distinctive voice, erudition, and rigorous objectives. Preserving Rosenne’s focus on the caselaw of the Court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four volumes.
Collins, D., An Introduction to International Investment Law, Cambridge, Cambridge University Press, 2017.View this title in our link resolver Plinklet
This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline with attention given to their relation to each other and to the manner in which they have been developed through arbitration case law. The context of each legal principle is explored along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.
Ohlin, J.D. and L. May, Necessity in International Law, New York, NY, Oxford University Press, 2016.View this title in our link resolver Plinklet
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
Conforti, B. and C. Focarelli, The Law and Practice of the United Nations, Leiden, Brill, 2016View this title in our link resolver Plinklet
The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War. Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security. In addition, this important new edition explores such areas as economic sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality.
Offering a fully revised and updated analysis of the main legal issues surrounding the United Nations’ practice, The Law and Practice of the United Nations will be of interest to all those involved with legal issues surrounding the United Nations, the analysis of said issues, and their impacts on international practice
Due-Gundersen, N., The Privatization of Warfare and Inherently Governmental Functions: Private Military Companies in Iraq and the State Monopoly of Regulated Force, Cambridge; Antwerp; Portland, Intersentia, 2016.View this title in our link resolver Plinklet
Since the 2003 U.S. led invasion of Iraq, the private military sector has seen the largest growth of profit for decades. As Iraq continues to be the focal point of private military clients, staff and related actors, the recurring issue of legitimacy must be addressed. While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and, of wider significance, how their use by states affects how the general public perceives state legitimacy of monopolizing force. Furthermore, this book provides a timely overview of how the energy sector and PMCs are challenging the established sovereignty of politically fragmented oil states, illustrating how energy firms may become as culpable as states in their partnerships with the private military sector and subsequent political ramifications.
Jenner, C.J. and Tran Truong Thuy (eds.) The South China Sea: a Crucible of Regional Cooperation or Conflict-making Sovereignty Claims? Cambridge : Cambridge University Press, 2016.View this title in our link resolver Plinklet
The history of the South China Sea is a catalyst of international cooperation and conflict. Security in the Indo-Asia-Pacific is largely governed by command of these strategic waters. More than half of global shipping transits the South China Sea, which also holds significant reserves of oil, gas and minerals as well as some of the largest fisheries in the world. Drawing on a team of field-leading researchers, Jenner and Thuy provide an empirical study of the global ocean's most contested sea space. The volume's four parts offer an insightful analysis of the significance of the South China Sea to the international order; sub-national agents of influence on relations between states; the disputes over sovereignty through the analytical prism of international law; and the conflictful region's prospects. The primary source-based conclusion elucidates the agency of history and strategy in the South China Sea.
Zee, M., Choosing Sharia?: Multiculturalism, Islamic Fundamentalism and Sharia Councils, The Hague, Eleven International Publishing, 2016.View this title in our link resolver Plinklet
Proponents of multiculturalism do not usually subscribe to Islamist goals. Yet, across Europe, these are being furthered. Sharia councils are deeply at odds with Western moral and legal principles of equality, freedom, and justice. However, high-profile multiculturalists tend to present a romanticized view of these councils, which obscures both the ideology that motivates them and their practical consequences. Are Sharia councils a legitimate expression of the longing for identity, as multiculturalists claim? What do Islamists really want? And why do multiculturalists find it so difficult to counter their claims? This book explores the implications of multiculturalism and Islamic fundamentalism. It provides a vivid account of what really goes on inside Sharia councils, and it discusses the challenges they pose to liberal democracy. With impressive clarity and vital importance, the book offers insight into two ideologies crucial to Europe's future. *** "Author Machteld Zee draws upon direct experience observing Sharia councils as well as individual case studies as she analyzes the problem and prospective solutions. Choosing Sharia? is highly recommended."
Vanhullebusch, M., War and law in the Islamic world, Leiden : Brill, Nijhoff, 2015.View this title in our link resolver Plinklet
Armed conflict, today, has diverged from war as it was known in generations past, and from this, has tested the means by which conflicts and violence are regulated. Written with an eye to a region plagued by such conflicts, War and Law in the Islamic World examines the origins and roles that two distinct systems of governance – Islamic law and international humanitarian law – have played in conflicts past and present. Meant equally for the scholar or student, this book presents the legal and policy complexities of today’s conflicts in a new light through its careful and well-researched investigation of the past and the present
Rohe, M., Islamic Law in Past and Present, Leiden, Brill, 2015.View this title in our link resolver Plinklet
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
Olawuyi, D.S., The Human Rights-based Approach to Carbon Finance, Cambridge, United Kingdom, Cambridge University Press, 2016.View this title in our link resolver Plinklet
This book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.
Thirlway, H., The International Court of Justice, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
Article 59 of the Statute of the International Court of Justice limits the force of each decision of that court to the parties and to the particular case. It has, however, become common knowledge that the jurisprudence of the International Court of Justice (ICJ) has made substantial contributions to the establishment and development of international law in a number of fields. A comprehensive study of the International Court of Justice, this book explains all aspects of this increasingly significant legal body, including an overview of the Court’s composition and its operation, its jurisdiction, its procedure, and the nature and impact of its jurisprudence.
Fabre, C., Cosmopolitan Peace, Oxford, UK, Oxford University Press, 2016.View this title in our link resolver Plinklet
This book articulates a cosmopolitan theory of the principles which ought to regulate belligerents' conduct in the aftermath of war. Throughout, it relies on the fundamental principle that all human beings, wherever they reside, have rights to the freedoms and resources which they need to lead a flourishing life, and that national and political borders are largely irrelevant to the conferral of those rights. With that principle in hand, the book provides a normative defence of restitutive and reparative justice, the punishment of war criminals, the resort to transitional foreign administration as a means to govern war-torn territories, and the deployment of peacekeeping and occupation forces. It also outlines various reconciliatory and commemorative practices which might facilitate the emergence of trust amongst enemies and thereby improve prospects for peace. The book offers analytical arguments and normative conclusions, with many historical and/or contemporary examples.
Ashford, P., The IBA Guidelines on Party Representation in International Arbitration: A Guide, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
The guidelines on party representation are one of three key publications published by the IBA and are commonly referred to or adopted as good practice in international arbitration. This user-friendly handbook to the guidelines will benefit the understanding and practical application of arbitration protocol in the legal community. Written by a respected and experienced arbitration practitioner, this is a companion volume to The IBA Rules on the Taking of Evidence in International Arbitration and combines commentary from the drafting committee, additional analysis of the guidelines and tabular comparative material addressing the interaction with Major Professional Conduct Rules and Major Institutional Rules.
Boccuzzi, G., The European Banking Union: Supervision and Resolution, Basingstoke, Hampshire, Palgrave Macmillan, 2016.View this title in our link resolver Plinklet
This volume examines the numerous changes to European legislation implemented for the prevention and management of banking crises. It examines the new framework for banking crises management, the institutional architecture of banking supervision and crisis management, the various powers of different authorities, tool for administrative actions, complexities of business and bankruptcy law, individual rights and legal guarantees.
Dunk, F. von der (ed.), with Fabio Tronchetti, Handbook of Space Law, Cheltenham, UK ; Northampton, MA, USA, Edward Elgar Publishing, 2015.View this title in our link resolver Plinklet
The book focuses on international space law in the broadest sense of the word, not only including the UN-based space treaties and international customary (space) law, but also the many specialized regimes such as those applicable to the international satellite organizations, the International Space Station, the international trade and the security-sensitive aspects of space technology exports, the financing of space ventures and environmental concerns. The novelty of this holistic approach to space law notably includes the profound and ever-increasing commercialization of space activities and the attendant involvement of the private sector in such activities. This authoritative book thus presents a unique standard work of reference for anyone interested in studying or researching the legal and regulatory aspects of space activities and their major applications in depth.
De Man, Ph., Exclusive Use in an Inclusive Environment: The Meaning of the Non-Appropriation Principle for Space Resource Exploitation, Cham, Springer International Publishing, 2016.View this title in our link resolver Plinklet
This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community.
Messenger, G., The Development of World Trade Organization Law: Examining Change in International Law, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
Jemielniak, J., L. Nielsen and H. Palmer Olsen (ed.), Establishing Judicial Authority in International Economic Law, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
Part I. Courts in International Economic Law – Emergence, Interplay and Proliferation: 1. Assessing the impact of WTO and regional dispute resolution mechanisms on the world trading system David A. Gantz; 2. Establishing permanent regional good offices for trade disputes in Asia Chang-fa Lo; 3. African regional judiciaries and their jurisprudence in trade law matters Amos Saurombe; 4. Coordinated actions in international economic law as illustrated by investment treaty arbitration and World Trade Organization (WTO) disputes Greg Tereposky and Laura Nielsen; Part II. The Development and Usage of Precedents in International Economic Law: 5. Minority rules: precedent and participation before the WTO Appellate Body Joost Pauwelyn; 6. The welfare implications of precedent in international law Krzysztof J. Pelc; 7. Features of trade law adjudication and their impact on the development of legal concepts and precedents Anton K. Schnyder and Stefanie Pfisterer; Part III. Legitimating Decisions in International Economic Law: 8. Judicial ethics in international economic law: what standards of independence and impartiality apply to arbitrators and panelists? Krista Nadakavukaren Schefer; 9. Judicial authority and styles of reasoning: self-presentation between legalism and deliberation Ingo Venzke; 10. Global citizens in international commercial arbitration and WTO dispute resolution Joanna Jemielniak and Laura Nielsen; 11. Proportionality analysis and international commercial arbitration: the example of public policy and domestic courts Benedikt Pirker.
Kinnear, M.N., G.R. Fischer, J. Mínguez Almeida, L.F. Torres Arias and M. Uran Bidegain (eds.), Building International Investment Law: the First 50 Years of ICSID, Alphen aan den Rijn, Kluwer Law International, 2016.View this title in our link resolver Plinklet
The International Centre for Settlement of Investment Disputes (ICSID) is the premier international investment arbitration facility in the world. This volume celebrates the first 50 years of ICSID by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by a knowledgeable expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analysing what the case held, how it has been applied, and its overall significance to the development of international investment law.
Marboe, I. (ed.), Small Satellites: Regulatory Challenges and Chances, Leiden, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
Small Satellites – Regulatory Challenges and Chances edited by Irmgard Marboe addresses the booming phenomenon of small satellites. The rapid innovation of technology has made it possible to develop, launch and operate small satellites at rather low costs. Universities, start-ups and also governments see the chance to access outer space more easily and inexpensively. Yet, the importance to comply with existing rules and regulations that are in place to ensure that outer space is used and explored in a safe and responsible manner is sometimes overlooked. The book addresses this challenge and shows how it can be met.
Weger, F. de, The Jurisprudence of the FIFA Dispute Resolution Chamber, The Hague, T.M.C. Asser Press, 2016.View this title in our link resolver Plinklet
This book addresses the most important judicial aspects in relation to the FIFA Dispute Resolution Chamber (DRC), as well as the different categories of disputes, inter alia, the termination of player contracts, the amount of compensation, sporting sanctions, training compensation and the solidarity mechanism. The DRC was established in 2001 by FIFA for the purpose of resolving disputes regarding the international status and transfer of players. Since then the DRC has developed into a major and influential alternative resolution body, with an impressive and ever-increasing caseload. In this updated and revised Second Edition the most important decisions of the DRC as of the date of its establishment in 2001 until 2016 are analysed. It is a reference work for those with a legal and financial interest in professional football, such as lawyers, agents, managers and administrators, but is also aimed at researchers and academics.
Trunz, M., Ein globaler Lösungsansatz zur Bekämpfung der Spiel- und Wettspielmanipulation im Sport, Stuttgart, Boorberg Verlag, 2016.View this title in our link resolver Plinklet
Spiel- und Wettspielmanipulationen haben sich in den vergangenen Jahren zu einer der größten Gefahren für den modernen Sport entwickelt. Sie verletzen nicht nur die Integrität des Sports, sondern führen letztlich dazu, dass die Gesellschaft das Vertrauen in einen fairen, manipulationsfreien Sport verliert. Die Dissertation präsentiert einen weltweit praktikablen Lösungsansatz für die Bekämpfung der Spiel- und Wettspielmanipulation im Sport. In einem ersten Schritt erklärt die Verfasserin hierzu das Phänomen der Spiel- und Wettspielmanipulation und zeigt die Gefahren, die davon ausgehen, auf. Im zweiten Teil werden sowohl die verbandsrechtlichen als auch die staatlichen und überstaatlichen Maßnahmen zur Bekämpfung der Spiel- und Wettspielmanipulation im Sport dargelegt. Einen globalen Lösungsansatz zur Bekämpfung der Spiel- und Wettspielmanipulation im Sport stellt die Autorin im dritten Teil vor.
Brekoulakis, S., J. Lew, and L. Mistelis (eds.), The Evolution and Future of International Arbitration, Alphen aan den Rijn, Wolters Kluwer, 2016.View this title in our link resolver Plinklet
This publication presents a detailed overview of the current status of arbitration law, practice, jurisprudence, and scholarship. The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its thirtieth anniversary in April 2015 with a major conference featuring presentations by thirty-five international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving.
Chesterman, S., I. Johnstone, D.M. Malone & T.M.Franck, Law and Practice of the United Nations: Documents and Commentary, New York, NY, Oxford University Press, 2016.View this title in our link resolver Plinklet
Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations.
Orford, A., F.Hoffmann, & M.Clark, The Oxford Handbook of the Theory of International Law, Oxford, United Kingdom, Oxford University Press, 2016.View this title in our link resolver Plinklet
The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Green, J.A., The Persistent Objector Rule in International Law, Oxford, United Kingdom, Oxford University Press, 2016.View this title in our link resolver Plinklet
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallizes into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualized, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Kennedy, M., WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual Property Standards in a Trade Law Framework, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.
Ahmad, T., Climate Change Governance in International Civil Aviation: toward regulating Emissions relevant to Climate Change and Global Warming, The Hague, Eleven International Publishing, 2016.View this title in our link resolver Plinklet
Successful climate change governance in international civil aviation has yet to be achieved. In this book the author argues that, to successfully govern emissions from international civil aviation of relevance to climate change and global warming, binding legal measures, whether de facto or de jure, and a mandatory but temporary global market-based measure or unilateral market-based measures of the same model adopted by economically powerful States for international civil aviation are immediately required. This book demonstrates how de jure soft law instruments, e.g., Annexes to the Chicago Convention, international environmental law principles, a new understanding and way of exercising the doctrine of State sovereignty, and both multilateral and unilateral economic instruments can be utilized to reduce aviation’s environmental impacts.
Devaney, J.G., Fact-Finding before the International Court of Justice, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
Dröge, Ph.M.A., Moresnet: opkomst en ondergang van een vergeten buurlandje, Houten; Antwerpen, Spectrum, 2016.View this title in our link resolver Plinklet
Van 1816 tot 1918 lag Moresnet aan de Nederlandse zuidgrens. Het landje had 300 inwoners, die zich in de loop van de tijd echt een volk begonnen te voelen. Ze hadden een eigen hoofdstad (het dorp Kelmis), een staatshoofd (de burgemeester) en een verdedigingsmacht (de veldwachter). De vrijheid en lage belastingen trokken duizenden avonturiers aan en Moresnet groeide uit tot een voorbeeld van hoe mensen zonder grote overheid gelukkig en welvarend konden worden. Sterker nog, de wereldvrede moest hier beginnen. Idealisten wilden er de ideale staat vestigen, met de Esperanto-naam Amikejo (Vriendschap). Philip Dröge onderzoekt het merkwaardige verhaal achter Moresnet: Hoe kon dit onwaarschijnlijke landje ontstaan? Wie woonden er? Hoe was het leven in dit staatsrechtelijke unicum? Dröge vertelt over dieven, gokkers, smokkelaars, mijnwerkers en een dromer die van Moresnet die ideale samenleving wilde maken – en daar bijna in slaagde. Philip Dröge is journalist, columnist en initiatiefnemer van het populair-wetenschappelijke persbureau FAQT. Hij schreef eerder De schaduw van Tambora dat lovend door de pers werd ontvangen, schrijft voor diverse tijdschriften en treedt geregeld op als gastspreker en commentator op radio en televisie.
Hitler, Mein Kampf: eine kritische Edition, München; Berlin, Institut für Zeitgeschichte, 2 vols, 2016.View this title in our link resolver Plinklet
Am 31. Dezember 2015, 70 Jahre nach Hitlers Todesjahr, sind die Urheberrechte an dessen Buch „Mein Kampf“ erloschen. Das Institut für Zeitgeschichte hat es sich zum Ziel gesetzt, unmittelbar nach Ablauf dieser Frist eine wissenschaftlich kommentierte Gesamtausgabe vorzulegen. Unter der Leitung von Dr. Christian Hartmann hat ein Historikerteam "Mein Kampf" in mehrjähriger Arbeit umfassend aufbereitet: Im Zentrum der kritischen Kommentierung stehen die Dekonstruktion und die Kontextualisierung von Hitlers Schrift: Wie entstanden seine Thesen? Welche Absichten verfolgte er damit? Welchen gesellschaftlichen Rückhalt besaßen Hitlers Behauptungen unter seinen Zeitgenossen? Welche Folgen hatten seine Ankündigungen nach 1933? Und vor allem: Was lässt sich mit dem Stand unseres heutigen Wissens Hitlers unzähligen Behauptungen, Lügen und Absichtserklärungen entgegensetzen? Dies ist nicht nur eine historiografische Aufgabe. Angesichts des hohen Symbolwerts, den Hitlers Buch noch immer hat, ist die Entmystifizierung von „Mein Kampf“ auch ein Beitrag zur historisch-politischen Aufklärung.
Scherpe, J.M. (ed.), European Family Law, Cheltenham, UK, Edward Elgar Publishing, 2016.View this title in our link resolver Plinklet
This work, published in four-volumes, maps the emerging European family law.
The chapters draw on a wide range of topics, such as: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child’s welfare, and law concerning older people. Through its stimulating comparative analysis and comprehensive coverage of the topic, this set of books is intended to serve as a major resource for all scholars, practitioners and students interested in family law.
Svenson, N., The United Nations as a knowledge system, London, Routledge, 2016.View this title in our link resolver Plinklet
This book seeks to explore how the UN has generated, warehoused, disseminated, structured, packaged, expanded, transferred and leveraged its vast resources of accumulated information and experience throughout the decades and, particularly, since the start of the 21st century with the introduction of more connective information and communications technology. It examines the overarching objectives that have guided such activity and divides UN knowledge management into three distinct, but often overlapping and intertwining, categories:
knowledge for social and organizational learning;
knowledge for norm setting; and
knowledge for creation of products and services.
Svenson brings together these multiple aspects of UN knowledge management to present a holistic view of how the organization utilizes its global intelligence to educate, advocate and serve member countries’ development. Instead of looking at the UN as an international bureaucracy or as a peacekeeping, policymaking, humanitarian or development entity, this work studies the UN as a generator and purveyor of information, learning and experience in all of these areas. This book will be key reading for all students and scholars of international organizations.
Reinisch, A., and P. Bachmayer (eds.), The conventions on the privileges and immunities of the United Nations and its specialized agencies : a commentary, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.
- Offers a comprehensive overview and detailed discussion of the Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies.
- Contributions from distinguished legal scholars, experts, and practitioners in the field.
- Provides commentary on the Conventions, including the Annexes to the to the Specialized Agencies.
David, E., Droit des organisations internationales, Bruxelles, Bruylant, 2016.View this title in our link resolver Plinklet
En regroupant des États, l’organisation internationale s’en distingue par sa personnalité juridique, ses régimes de privilèges et immunités, son aptitude à produire des normes liant ses membres. Ces questions sont examinées en profondeur dans cet ouvrage.
Furtak, F.T., Internationale Organisationen : staatliche und nichtstaatliche Organisationen in der Weltpolitik, Wiesbaden, Springer VS, 2015.View this title in our link resolver Plinklet
Dieses Lehrbuch gibt Dozentinnen und Dozenten sowie insbesondere Studierenden eines sozial-, geistes- oder rechtswissenschaftlichen Studiums einen detaillierten Einblick in das Thema internationale Organisationen. Der Text stellt Entstehung und Entwicklung, Ziele und Grundsätze, Organisationsstruktur und Finanzierung sowie Aktionsfelder von neun staatlichen (UNO, AU, ASEAN, EU, OAS, Europarat, NATO, OSZE, WTO) sowie acht nichtstaatlichen internationalen Organisationen (Amnesty International, Human Rights Watch, Greenpeace, WWF, IKRK, Ärzte ohne Grenzen, CARE International, Oxfam) fundiert, übersichtlich und verständlich dar. Der Band eignet sich besonders als Nachschlagewerk, zur Vorbereitung auf Referate und Prüfungen sowie als Grundlage für Hausarbeiten und Abschlussarbeiten.
Agarin, T., and K.Cordell, Minority Rights and Minority Protection in Europe, London/New York, Rowman & Littlefield International Ltd, 2016.View this title in our link resolver Plinklet
In order to gain access to the EU, nations must be seen to implement formal instruments that protect the rights of minorities. This book examines the ways in which these tools have worked in a number of post-communist states, and explores the interaction of domestic and international structures that determine the application of these policies.Using empirical examples and comparative cases, the text explores three levels of policy-making: within sub-state and national politics, and within international agreements, laws and policy blueprints. This enables the authors to establish how domestic policymakers negotiate various structural factors in order to interpret rights norms and implement them long enough to gain EU accession. Showing that it is necessary to focus upon the states of post-communist Europe as autonomous actors, and not as mere recipients of directives and initiatives from ‘the West’, the book shows how underlying structural conditions allow domestic policy actors to talk the talk of rights protection without walking the walk of implementing minority rights legislation on their territories
Zeegers, K., International Criminal Tribunals and Human Rights Law: Adherence and Contextualization, The Hague, Asser Press, 2016.View this title in our link resolver Plinklet
This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as humanrights defenders. At the same time, however, they employ activities that necessarilyentail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’own interpretation and application of human rights norms.
Firstly, the book addresses whether and how ICTs are bound by human rights law, since unlike states they do not sign or ratify human rights conventions. Secondly, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection.
Gibney, M., International Human Rights Law: Returning to Universal Principles, Lanham : Rowman & Littlefield, 2016.View this title in our link resolver Plinklet
This clear and compelling book challenges the reader to rethink the entire basis for human rights, providing a vastly different vision of a way forward out of our current quagmire. Mark Gibney persuasively advocates for a much broader reading of the law on state responsibility, arguing that current law misses most of the ways in which states fail to protect human rights and police violations. Calling for other measures to provide victims the 'effective remedy' that international human rights law promises, Gibney sets forth a series of practical steps that would profoundly change the nature of human rights protection.
Renouard, J., Human Rights in American Foreign Policy: From the 1960s to the Soviet Collapse, Philadelphia, University of Pennsylvania Press, PENN, 2016View this title in our link resolver Plinklet
International human rights issues perpetually highlight the tension between political interest and idealism. Over the last fifty years, the United States has labored to find an appropriate response to each new human rights crisis, balancing national and global interests as well as political and humanitarian impulses.
Human Rights in American Foreign Policy explores America's international human rights policies from the Vietnam War era to the end of the Cold War. Global in scope and ambitious in scale, this book examines American responses to a broad array of human rights violations: torture and political imprisonment in South America; apartheid in South Africa; state violence in China; civil wars in Central America; persecution of Jews in the Soviet Union; movements for democracy and civil liberties in East Asia and Eastern Europe; and revolutionary political transitions in Iran, Nicaragua, and the collapsing USSR.
Joe Renouard challenges the characterization of American human rights policymaking as one of inaction, hypocrisy, and double standards. Arguing that a consistent standard is impractical, he explores how policymakers and citizens have weighed the narrow pursuit of traditional national interests with the desire to promote human rights. Human Rights in American Foreign Policy renders coherent a series of disparate foreign policy decisions during a tumultuous time in world history. Ultimately the United States emerges as neither exceptionally compassionate nor unusually wicked. Rather, it is a nation that manages by turns to be cautiously pragmatic, boldly benevolent, and coldly self-interested.
Saul, B., Indigenous Peoples and Human Rights: International and Regional Jurisprudence, Oxford, UK, Hart Publishing, 2016.View this title in our link resolver Plinklet
Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms.
Blair, D.M. (et. al.)(eds.), Family Law in the World Community: Cases, Materials, and Problems in Comparative and International Family Law, Durham, North Carolina: Carolina Academic Press 2015.View this title in our link resolver Plinklet
The third edition of this casebook covers a variety of private international law issues, including child abduction, international adoption, child support enforcement, and recognition of foreign marriages and divorces. The book also explores the impact of public international law on both domestic and international regulation of the family, focusing on topics such as family violence, “mail-order” marriages, the human rights of children, and same-sex couples. Finally, the book uses comparative law materials to examine traditional family law topics, such as the regulation of marriage, LGBTQ relationships, adoption, reproductive freedom, child custody, financial support of children (both public and private), and corporal punishment.
Azzi, T. and O. Boskovic (eds.), Quel Avenir Pour La Théorie Générale Des Conflits De Lois?: Droit Européen, Droit Conventionnel, Droit Commun, Bruxelles, Bruylant, 2015.View this title in our link resolver Plinklet
La période contemporaine se caractérise en droit international privé par une très importante diversification des sources. Cette diversification est particulièrement présente dans le domaine des conflits de lois. De nombreuses règles de conflit nouvelles ont été adoptées : certaines sont issues de règlements européens ou de conventions internationales ; d’autres ont été créées à l’initiative des législateurs nationaux. À la diversité des sources s’ajoute une diversité des matières concernées : obligations contractuelles et non contractuelles, divorce et séparation de corps, successions, obligations alimentaires, adoption, partenariats enregistrés, mariage, etc. On constate ainsi une accumulation de textes spéciaux. Ce double mouvement – diversification des sources et multiplication des textes spéciaux – invite à s’interroger sur l’avenir de la théorie générale des conflits de lois. Pareille théorie repose sur l’étude de mécanismes transversaux afférents à la mise en œuvre des règles de conflit : qualification, renvoi, lois de police, exception d’ordre public, fraude à la loi, règles relatives à l’office du juge. La situation est telle que l’on s’interroge sur l’opportunité de l’adoption d’un règlement européen qui lui serait exclusivement dédié. Il est donc fondamental de réfléchir à l’avenir de ladite théorie et de proposer des solutions cohérentes assurant un fonctionnement satisfaisant des règles de conflit nationales et européennes.
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Liu, D. and Zhang, B. (ed.), Historical War Crimes Trials in Asia, Brussels, Torkel Opsahl Academic EPublisher, 2016.View this title in our link resolver Plinklet
This book offers analyses of historical war crimes trials in Asia from a variety of perspectives. Compared to their counterparts in Europe, the post-WWII war crimes trials in Asia have received much less attention. This is especially true for domestic trials by national authorities in Asia. The book examines the historical trials from different perspectives, including the legal concepts used and debates that took place; the influence of the trials within a broader social context, both at their time and later; the collection of evidence; and preservation, compilation and research of historical documents. It not only analyses the trials in their historical and social contexts, but emphasises their present day significance, also as regards the prevention of core international crimes, especially in Asia.
Wei, H.H., A Dialogical Concept of Minority Rights, Leiden, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
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Christiansen, S.M., Climate Conflicts - a Case of International Environmental and Humanitarian Law, Cham, Springer, 2016. (e-book)View this title in our link resolver Plinklet
The book addresses the question of whether the currently available instruments of international environmental and international humanitarian law are applicable to climate conflicts. It clarifies the different pathways leading from climate change to conflict and offers an analysis of international environmental law embedded within the international doctrine of state responsibility. It goes on to discuss whether climate change amounts to an issue covered by Art. 2.4 UN Charter – the prohibition of the use of force. It then considers the possible application of international humanitarian law to climate conflicts. The book also offers a definition of the term “climate conflict”, drawing on legal as well as peace and conflict studies.
Gouritin, A., EU Environmental Law, International Environmental Law, and Human Rights Law : the Case of Environmental Responsibility, Leiden, Boston, Brill, Nijhoff, 2016. (e-book)View this title in our link resolver Plinklet
In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
Rosenow-Williams, K., Organizational Perspectives on Environmental Migration, London, New York, Earthscan from Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
Over the past decade, international organizations (IOs) and non-governmental organizations (NGOs) have increasingly focused their efforts on the plight of environmental migrants in both industrialized and developing countries. However, to date very few studies have analysed the influence and rhetoric of advocacy groups in the debates on environmental migration.Organizational Perspectives on Environmental Migration fills this lacuna by drawing together and examining the related themes of climate change and environmental degradation, migration and organizational studies to provide a fresh perspective on their increasing relevance. In order to assess the role of IOs and NGOs in the environmental migration discourse and to understand their interaction and their ways of addressing the topic, the book contains a wide-range of contributions covering the perspectives of organizational sociologists, political scientists, anthropologists, geographers, lawyers and practitioners. The chapters are organized thematically around the perspectives of key actors in the area of environmental migration, including IOs, courts and advocacy groups. The geographically diverse and interdisciplinary range of contributions makes this volume an essential foundational text for organizational responses to environmental migration.This volume will be of great interest to students and scholars of migration studies, international relations, organizational sociology, refugee law and policy, and development studies.
Romanin Jacur, F., Natural Resources Grabbing : an International Law Perspective, Leiden, Boston, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
The growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection. Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.
Atapattu, S., Human Rights Approaches to Climate Change : Challenges and Opportunities, Abingdon, Oxon, New York, NY, Routledge, 2016.View this title in our link resolver Plinklet
Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups -women, indigenous peoples and climate "refugees" - would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
Goeler, J. von, Third-Party Funding in International Arbitration and its Impact on Procedure, Alphen aan den Rijn, Wolters Kluwer, 2016.View this title in our link resolver Plinklet
Pursuing international arbitration proceedings can be costly. As a result, it is becoming increasingly common for parties to transfer the costs and risks associated with international arbitration disputes to third-party funders. In recent years, institutional speciality providers of capital for dispute resolution litigation funders - have entered the market for international arbitration daims. International arbitral procedures involving parties supported by litigation funders and other third-party funders have become a reality - one that has left many in the arbitration community puzzled until now. In this book, the author describes and analyses the role of third-party funding, notably litigation funding, in the context of international arbitration, taking into account contractual, industry-related, economic, empirical, ethical, regulatory, and procedural aspects. The book's focus is on procedure - that is, to examine which issues are likely to arise in the course of international arbitral proceedings involving funded parties, and to provide guidance on how these issues can be solved.
Frowe, H., The Ethics of War and Peace, London; New York, Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
When is it right to go to war? When is a war illegal? What are the rules of engagement? What should happen when a war is over? How should we view terrorism? The Ethics of War and Peace is a fresh and contemporary introduction to one of the oldest but still most relevant ethical debates. It introduces students to contemporary Just War Theory in a stimulating and engaging way, perfect for those approaching the topic for the first time. Helen Frowe explains the core issues in Just War Theory, and chapter by chapter examines the recent and ongoing philosophical debates on: theories of self defence and national defence, Jus ad Bellum, Jus in Bello, and Jus post Bellum, the moral status of combatants, the principle of non-combatant immunity, and the nature of terrorism and the moral status of terrorists. Each chapter concludes with a useful summary, discussion questions and suggestions for further reading, to aid student learning and revision. The Ethics of War and Peace is the ideal textbook for students studying philosophy, politics and international relations.
Moretti, S., La protection internationale des réfugiés en Asie du sud-est: du privilège aux droits, Bruxelles, Bruylant, 2016.View this title in our link resolver Plinklet
La Convention relative au statut des réfugiés de 1951, le Protocole de 1967 et le Haut-Commissariat des Nations Unies pour les réfugiés (HCR) forment les trois piliers du régime international de protection des réfugiés, qui a été renforcé également à travers l’adoption d’instruments régionaux en Afrique, en Amérique latine et en Europe. Il n’existe rien de tel en Asie du sud-est, cependant, où seuls les Philippines et le Cambodge sont parties à la Convention de Genève et à son protocole.
L'Asie du sud-est a pourtant connu l’une des plus grandes tragédies de l’histoire contemporaine avec la crise des réfugiés indochinois entre 1975 et 1997, qui a conduit au déplacement de plus 3 millions de personnes originaires du Cambodge, du Laos et du Vietnam. Sans avoir la même ampleur que durant cette crise, la question des réfugiés demeure aujourd’hui encore d’une brûlante actualité dans la région, en lien notamment avec les camps à la frontière entre la Thaïlande et le Myanmar, les dizaines de milliers de réfugiés urbains en Malaisie, ou les nouveaux boat people, qu’il s’agisse de ceux qui viennent du Myanmar et du Bangladesh ou de ceux qui tentent de rejoindre l’Australie. Le fait que les principaux États d’asile ne sont pas parties à la Convention de 1951 ou à son protocole soulève dans ces circonstances des inquiétudes à propos d’un éventuel « vide juridique » concernant la protection des réfugiés dans la région.
Le présent ouvrage propose au lecteur une introduction et une analyse des principaux problèmes juridiques concernant la protection des réfugiés en Asie du sud-est. Il explore en détail la pratique en la matière des État d’accueil de la région, de la crise des réfugiés indochinois à nos jours. Loin de confirmer l’idée d’un « vide juridique », l’étude entend montrer, d’une part, qu’il existe bel et bien un cadre juridique assez conséquent en matière de protection des réfugiés, grâce notamment au développement du droit international des droits de l’homme. Elle entend démontrer, d’autre part, que la longue pratique des États d’Asie du sud-est reflète en réalité la reconnaissance d’un statut de facto distinct pour les réfugiés et demandeurs d’asile
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Fox, D., and W. Ernst (eds.), Money in the Western Legal Tradition: Middle Ages to Bretton Woods, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
Batura, O., Universal Service in WTO and EU law : Liberalisation and Social Regulation in Telecommunications, The Hague, Asser Press, Berlin, Springer, 2016.View this title in our link resolver Plinklet
This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations.
Maidana-Eletti, M. and P. Lang, Global Food Governance : Implications of Food Safety and Quality Standards in International Trade Law, Bern, Peter Lang, 2016.View this title in our link resolver Plinklet
With increasingly globalised markets, changing consumer preferences and the steady development of technologies influencing food trade flows, safety and quality concerns have triggered the development of new forms of global (food) governance. Since its creation in 1995, the World Trade Organization (WTO) has succeeded in providing a multilateral legal framework for the development of regulatory practices through its multiple agreements. Similarly, the continuing importance of regional and bilateral trade agreements, such as in the European Union and in Switzerland, has enhanced WTO's accomplishments through a comprehensive and dynamic set of international rules and standards for trade. However, the changing trends in the production and distribution of food products have questioned the effectiveness of the regulatory status quo. This book addresses the legal aspects of the current global architecture for food governance, particularly with regard to the role of international standards. In doing so, this work attempts at mapping the implications of domestic food measures in international trade law.
Norer, R., Genetic Technology and Food Safety, Cham, Springer, 2016.View this title in our link resolver Plinklet
The volume gives an overview on how legislators all over the world have come up with different legal solutions for governing genetically modified organisms (GMOs) and food security and provides a compact summary of the existing regulations in this field. In a comparative legal approach, a general report analyses and compares these various national and supranational legal systems. It closely follows the newest developments at the interface between genetic engineering law and food law. The emergence of a new technology usually leads to fundamental questions as to how the law should respond to it. The regulation of genetically modified organisms is a prime example, they have been discussed controversially ever since they were subject of legislation and regulation. In particular, this applies to the use of GMOs in food production. There is a variety of interesting legislations and a differentiated width of legal frameworks on international, supranational (EU) and national level to be found. The different regulations that thereby came to light are evidence of the various opinions and policies the societies and states have developed on this matter. It is this variety of regulations the volume examines, primarily on the basis of national reports that were handed in concerning the topic of genetic technology and food security at the occasion of the XIX International Congress of Comparative Law.
Lang, T., Food Wars : the Global Battle for Mouths, Minds and Markets, London, New York, Routledge, 2015.View this title in our link resolver Plinklet
In the years since publication of the first edition of Food Wars much has happened in the world of food policy. This new edition brings these developments fully up to date within the original analytical framework of competing paradigms or worldviews shaping the direction and decision-making within food politics and policy.
The key theme of the importance of integrating human and environmental health has become even more pressing. In the first edition the authors set out and brought together the different strands of emerging agendas and competing narratives. The second edition retains the same core structure and includes updated examples, case studies and the new issues which show how these conflicting tendencies have played out in practice over recent years and what this tells us about the way the global food system is heading. Examples of key issues given increased attention include: nutrition, including the global rise in obesity, as well as chronic conditions, hunger and under-nutrition; the environment, particularly the challenges of climate change, biodiversity loss, water stress and food security; food industry concentration and market power; volatility and uncertainty over food prices and policy responses
- tensions over food, democracy and citizenship and social and cultural aspects impacting food and nutrition policies.
Dahan, Y., Lerner, H. and Faina Milman-Sivan (eds.), Global Justice and International Labour Rights, Cambridge, United Kingdom, Cambridge University Press, 2016.View this title in our link resolver Plinklet
Despite the growing global consensus regarding the need to ensure minimal labour standards, such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear towards foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour standards in a global labour market? This book addresses these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour.
Marx, A., Global Governance of Labour Rights : Assessing the Effectiveness of Transnational Public and Private Policy Initiatives, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2015.View this title in our link resolver Plinklet
This insightful book incorporates perspectives from several disciplines to provide a unique systematic analysis of emerging public and private initiatives in global labour rights governance. The expert contributors explore the complexities of labour rights governance in a global economy characterized by transnational supply chains. They assess how transnational, intergovernmental and private initiatives aim to address the challenges of global labour rights protection before discussing the effectiveness of these initiatives and presenting new empirical findings. The book concludes with a detailed reflection on how to strengthen the global regime of labour rights governance.
Schaffstein, S., Doctrine of "Res Judicata" before International Commercial Arbitral Tribunals, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal be conclusive and that it should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. The work sets out the transnational principles in the form of guidelines for international arbitrators.
Nordquist, M.H., Moore, J.N. and Long, R. (eds.) Challenges of the Changing Arctic: Continental Shelf, Navigation and Fisheries, Leiden, Brill, 2016.View this title in our link resolver Plinklet
The law and policy for the Arctic are increasingly of international interest, largely due to the melting of the Arctic ice cap. Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries includes contributions from global specialists dealing with the geomorphologic context, maritime delimitation and specialized topics raised by promising oil and gas prospects, particularly in the extensive continental shelf presented by Russia to the Commission on the Limits of the Continental Shelf. Arctic shipping has entered a novel, untested phase with keen interest in the opening of ice free shipping lanes and proposed regulatory regimes. Fish in the North Atlantic are moving north disrupting historic fishing patterns as well as traditional fish stocks. Agreements on the allocation of shared fish stocks pose significant management challenges. Both littoral and non-littoral user nations are concerned with maritime security as well as search and rescue preparations given the anticipated increased use of the Arctic Ocean.
Van Calster, G., European Private International Law, Oxford, Hart Publishing, 2016.View this title in our link resolver Plinklet
As one of the most definitive texts on the market, European Private International Law provides an essential guide for both students and practitioners to the complex field of international litigation within the EU. The private international law of the Member States is increasingly regulated by European law, making private international law ever less 'national' and ever more EU based. Consequentially EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing importance to practising lawyers. This book provides a thorough overview of core European private international law, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with the recently adopted Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility.
Beckman, R. (et al.), Promoting Compliance : The Role of Dispute Settlement and Monitoring Mechanisms in ASEAN Instruments, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
The reputation and achievement of the ASEAN Community hinges on compliance. This seminal book discusses whether ASEAN's faith in dispute settlement and monitoring mechanisms as a means to better compliance is justified and delves into the extent to which they can facilitate ASEAN Community building. It provides the first comprehensive and systematic analysis of ASEAN's compliance with its instruments, and enables readers to see ASEAN as an organisation increasingly based on law and institutions. Readers will also learn how ASEAN balances a thin line between law and institutions on the one hand and diplomacy and realism on the other. Scholars of adjudicatory mechanisms will find this book a fascinating addition to the literature available, and it will serve as a 'go-to' reference for ASEAN state agencies.
Duval, A. and Rompuy, B. van (eds.), The Legacy of Bosman : Revisiting the Relationship between EU Law and Sport, The Hague, Asser Press, 2016.View this title in our link resolver Plinklet
In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. This book starts by outlining the reasons for exploring the legal and political transformations triggered by the Bosman judgment over the last 20 years and beyond. Most importantly, we argue for a shift in the way the ruling is commonly interpreted. The Bosman decision of the CJEU is widely perceived in the literature and in public opinion as a deregulatory intervention by the Court. This, in our view, is a misconception that necessitates a re-reading of the ruling. We suggest that the Bosman case is displaying a democratic ethos. The duty of justification it imposes on the transnational private regulations of sports governing bodies is of a genuine ‘counter-democratic’ nature.
Kohen, M.G., Territoriality and International Law, Cheltenham, UK : Northampton, MA, USA, Edward Elgar Publishing, 2016.View this title in our link resolver Plinklet
The compilation of key articles and excerpts in this timely volume deals with the importance of territory for international law with regards to its relationship with power, state building and globalisation. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times to today, the emergence of new areas for the territorial expansion of states and the border delimitation rules. In addition, the selected papers investigate the impact of the human dimension, particularly the individual and collective human rights, on the way international law addresses territorial issues, including indigenous peoples and the right to self-determination.
Mavromati, D. and Reeb, M, The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials, Alphen aan den Rijn, Wolters Kluwer, Law & Business, 2015.View this title in our link resolver Plinklet
The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials is a comprehensive exploration of the provisions of the Court of Arbitration for Sport (CAS). Providing detailed analysis of the CAS Rules, this is an indispensable work of reference for all sports law practitioners. Each provision is viewed within the larger context of international arbitration, in Switzerland, and procedural solutions are suggested which are transposable to international arbitration generally.
Büchler, A. and Keller, H. (eds.), Family Forms and Parenthood: Theory and Practice of Article 8 ECHR in Europe, Cambridge, Intersentia, 2016.View this title in our link resolver Plinklet
The European Convention on Human Rights has always had a significant influence on the development of family law in the different European national jurisdictions. This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood. It examines how judgments of the ECtHR are received and implemented in a variety of Contracting States (Austria, Croatia, England and Wales, Germany, Greece, Hungary, the Netherlands, Poland, Spain, Sweden, and Switzerland) and how the judgments contribute to the shaping of domestic and European family law. Family Forms and Parenthood concludes with a detailed reflection on the relationship between the case law of the ECtHR and developments in national family law and jurisprudence.
De Waal, M.J. and Zimmermann, R. (eds.), Comparative Succession Law, Vol. 2, Oxford University Press, 2015.View this title in our link resolver Plinklet
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? This book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law.
Peters, C., "Praxis Internationaler Organizationen - Vertragswandel und völkerrechtlicher Ordnungsrahmen", Berlin, Springer, 2016.View this title in our link resolver Plinklet
Die Gründungsverträge Internationaler Organisationen unterliegen im Lauf der Zeit erheblichem Wandel, auch wenn ihr Wortlaut nicht geändert wird. Eine wesentliche Rolle kommt dabei der Praxis der Organisationen zu. Dieser Umstand lässt sich völkerrechtlich auf die Auslegung durch die spätere Übung der Vertragsparteien zurückführen - es sei denn, die Grenzen der Interpretation werden überschritten. Die Organe Internationaler Organisationen sind dabei mehr als bloße Versammlungen der Mitgliedstaaten: Die Voraussetzungen und Rechtsfolgen ihrer Praxis hängen von Zusammensetzung, Kompetenzen und Entscheidungsverfahren ab. Auf eine Analyse des einschlägigen Völkerrechts folgen Fallstudien aus der Praxis der Vereinten Nationen, ihrer Sonderorganisationen und regionaler Organisationen. So wird der Ordnungsrahmen für die Fortentwicklung Internationaler Organisationen durch Praxis systematisch dargestellt - ohne Gefahren für Legitimation und rule of law auszublenden.
Kolb, R., The Law of Treaties: an Introduction, Cheltenham, UK : Northampton, MA, USA, Edward Elgar Publishing, 2016.View this title in our link resolver Plinklet
Permeating all facets of public international law, the modern law of treaties is a fundamental aspect of governance in the ‘democratized’ world. In this contemporary introduction, Robert Kolb provides a refreshing study that is both legally analytical and practical. Written in a highly readable style, the book explores the key topics through concise chapters, which are organized into two parts. The first of these gives a structured overview of the law of treaties along with practical examples. The second provides a critical engagement with the underlying issues and discusses the multi-dimensional problems raised by legal regulations, explored through specific case studies.
Dumberry,P., The Formation and Identification of Rules of Customary International Law in International Investment Law, Cambridge, United Kingdom, Cambridge University Press, 2016.View this title in our link resolver Plinklet
Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of State practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of States' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.
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DiStefano, G., G.Gaggioli et A.Hêche, La Convention de Vienne de 1978 Sur la Succession d'États en Matière de Traités: Commentaire Article par Article et Etudes Thématiques, Bruxelles, Bruylant, 2016.View this title in our link resolver Plinklet
La Convention de Vienne de 1978 traite d’un problème intemporel dans la vie internationale des États, à savoir leurs mutations territoriales. Il s’agit là d’une réalité internationale qui survit au phénomène de la décolonisation, mutation territoriale hautement typée et délimitée historiquement. Les exemples sont innombrables. L’on peut mentionner la réunification de l’Allemagne, l’éclatement de l’Union soviétique, le démembrement de la Yougoslavie, la séparation entre la Tchéquie et la Slovaquie, la sécession de l’Erythrée de l’Ethiopie, la séparation du Timor oriental de l’Indonésie, la sécession du Pakistan oriental (Bangladesh) du Pakistan. La pratique récente, relative au Kosovo notamment, qui a déclaré son indépendance le 17 février 2008, met en exergue l’actualité juridique du sujet. Des cas de succession d’États dans un futur proche ou lointain ne sont donc pas à exclure. Les régions sécessionnistes et les pulsions séparatistes sont nombreuses, même si très généralement non reconnues par la communauté internationale. Pourtant, la succession d’États n’est toujours pas dotée d’un régime juridique cohérent complet. Il convient dès lors de s’intéresser à cette lacune juridique en partant du traité-clef en la matière qu’est la Convention de 1978. Un commentaire exhaustif, article par article, de cette Convention se révèle donc être nécessaire. Cet ouvrage contient une analyse serrée des apports et des lacunes de cette Convention à la lumière des travaux préparatoires ainsi que de la pratique récente. Il permet ainsi d’identifier les éléments de codification de la Convention de Vienne de 1978, mais aussi de voir en quoi celle-ci a pu donner naissance à des principes et règles coutumières en la matière. Il a pour ambition de remettre au goût du jour cette Convention et d’offrir aux chercheurs intéressés, mais également aux États et sujets concernés et à la communauté internationale une vue d’ensemble détaillée, analytique et systématique du droit actuel en matière de succession d’États et de découvrir ainsi les éléments de continuité et de rupture qui la caractérisent.
Ryngaert, C., (et al.) (eds.), Judicial Decisions on the Law of International Organizations, Oxford, Oxford University Press, 2016View this title in our link resolver Plinklet
With the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. The judicial treatment of this field of international law is addressed in Judicial Decisions on the Law of International Organizations through commentary on excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, providing in-depth analysis of judicial decisions.
The commentaries written and edited by leading experts in the field of international institutional law, they are opinionated and critically engage with the decision in question, with commentators' and stakeholders' reactions thereto, and with later decisions, codifications, and reports.
Dhondt, R., Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht, Leiden, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht offers a detailed study of French and British diplomacy in the age of ‘Walpole and Fleury’. After Louis XIV’s decease, European international relations were dominated by the collaboration between James Stanhope and Guillaume Dubois. Their alliance focused on the amendment and enlargement of the peace treaties of Utrecht, Rastatt and Baden. In-depth analysis of vast archival material uncovers the practical legal arguments used between Hampton Court and Versailles. ‘Balance of Power’ or ‘Tranquillity of Europe’ were in fact metaphors for the predominance of treaty law even over the most fundamental municipal norms. An implacable logic of norm hierarchy allowed to consolidate peace in Europe.
Douglas, L., The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial, Princeton, Princeton University Press, 2016.View this title in our link resolver Plinklet
In 2009, Harper’s Magazine sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk’s legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was twice stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treblinka—only to be cleared in one of the most notorious cases of mistaken identity in legal history. Finally, in 2011, after eighteen months of trial, a court in Munich convicted the native Ukrainian of assisting Hitler’s SS in the murder of 28,060 Jews at Sobibor, a death camp in eastern Poland. An award-winning novelist as well as legal scholar, Douglas offers a compulsively readable history of Demjanjuk’s bizarre case. The Right Wrong Man is both a gripping eyewitness account of the last major Holocaust trial to galvanize world attention and a vital meditation on the law’s effort to bring legal closure to the most horrific chapter in modern history.
Mirumachi, N., Transboundary Water Politics in the Developing World, London; New York, Earthscan from Routledge, Taylor & Francis Group, 2015.View this title in our link resolver Plinklet
This book examines the political economy that governs the management of international transboundary river basins in the developing world. These shared rivers are the setting for irrigation, hydropower and flood management projects as well as water transfer schemes. Often, these projects attempt to engineer the river basin with deep political, socio-economic and environmental implications. The politics of transboundary river basin management sheds light on the challenges concerning sustainable development, water allocation and utilization between sovereign states. Advancing conceptual thinking beyond simplistic analyses of river basins in conflict or cooperation, the author proposes a new analytical framework. The Transboundary Waters Interaction NexuS (TWINS) examines the coexistence of conflict and cooperation in riparian interaction. This framework highlights the importance of power relations between basin states that determine negotiation processes and institutions of water resources management. The analysis illustrates the way river basin management is framed by powerful elite decision-makers, combined with geopolitical factors and geographical imaginations. In addition, the book explains how national development strategies and water resources demands have a significant role in shaping the intensities of conflict and cooperation at the international level. The book draws on detailed case studies from the Ganges River basin in South Asia, the Orange–Senqu River basin in Southern Africa and the Mekong River basin in Southeast Asia, providing key insights on equity and power asymmetry applicable to other basins in the developing world.
Magsig, B.-O., International Water Law and the Quest for Common Security, London; New York, Earthscan from Routledge, Taylor & Francis Group, 2015.View this title in our link resolver Plinklet
The world’s freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective. This book provides a fresh conceptualisation of water security, developing an operational methodology for identifying the four core elements of water security which must be addressed by international law: availability; access; adaptability; and ambit. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction. The concept of considering water security as a matter of ‘regional common concern’ is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. The book analyses transboundary water interaction as a ‘case study’ for advancing public international law in order to fulfil its responsibility of promoting international peace and security.
London : Centre for European ReformView this title in our link resolver Plinklet
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Hodu, N.Y. and Z. Qi, The political economy of WTO implementation and China's approach to litigation in the WTO, Cheltenham, UK : Northampton, MA, USA, Edward Elgar Publishing, 2016.View this title in our link resolver Plinklet
The concept of compliance with World Trade Organization law as part of international economic law is examined in this discerning book. Cognisance of the key conceptual issues that continue to dominate contemporary debates around rule-making in the world trading system, this must-read text approaches the issue of international norm compliance from a broad perspective. In view of China's role in shaping the political economy of the world trading system in recent years, this book places the discussion within the context of Chinese Confucian values
Paulussen, C. (et al)(eds.), Fundamental rights in international and European law: public and private law perspectives, The Hague, Asser Press, 2016.View this title in our link resolver Plinklet
In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research.
Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute.
The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.
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Reithmann, C. and Martiny, D. (eds.) Internationales Vertragsrecht: das internationale Privatrecht der Schuldverträge, Köln, Ottoschmidt Linde, 2015.View this title in our link resolver PlinkletVerträge mit Auslandsberührung gehören heute zum juristischen Alltag. Dem trägt auch die zunehmende Europäisierung des Internationalen Privatrechts Rechnung. Eine geradezu rasante Entwicklung, der sich niemand verschließen kann. Welches Recht ist anwendbar? Wie müssen Klauseln bei grenzüberschreitenden Verträgen gestaltet werden? Welche Besonderheiten gibt es bei den einzelnen Vertragstypen? Fragen über Fragen in einem komplizierten, dynamischen Rechtsgebiet, die Ihnen dieses Handbuch, das hier seit jeher die Standards und neue Maßstäbe setzt, im Handumdrehen beantworten kann.
Yamin, A.E., Power, Suffering, and the Struggle for Dignity : Human Rights Frameworks for Health and why they matter, Philadelphia, University of Pennsylvania Press, PENN, 2016.View this title in our link resolver Plinklet
Directed at a diverse audience of students, legal and public health practitioners, and anyone interested in understanding what human rights-based approaches (HRBAs) to health and development mean and why they matter, Power, Suffering, and the Struggle for Dignity provides a solid foundation for comprehending what a human rights framework implies and the potential for social transformation it entails. Applying a human rights framework to health demands that we think about our own suffering and that of others, as well as the fundamental causes of that suffering. What is our agency as human subjects with rights and dignity, and what prevents us from acting in certain circumstances? What roles are played by others in decisions that affect our health? How do we determine whether what we may see as "natural" is actually the result of mutable, human policies and practices?
Iyioha, I.O. and Nwabueze, R.N., Comparative Health Law and Policy : Critical Perspectives on Nigerian and Global Health Law, Farnham, Surrey, England, Burlington, VT, USA, Ashgate, 2015.View this title in our link resolver Plinklet
Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ’Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.
Ferguson, P.R. and G.T. Laurie, Inspiring a Medico-legal Revolution : Essays in Honour of Sheila McLean, Farnham, Surrey, UK England, Burlington, VT USA, Ashgate, 2015.View this title in our link resolver Plinklet
This book marks the retirement of Professor Sheila McLean, whose contribution to the discipline of medical law has been truly ground breaking. As one of the pioneers of the discipline, Sheila McLean inspired a revolution in the ways in which lawyers, doctors, courts and patients perceive the relationship between medicine and the law. The first International Bar Association Professor of Law and Ethics in Medicine, she has worked tirelessly to champion the importance of lawyers role in regulating medicine and protecting patient's rights. The span in content of this book reflects the range of contributions that Professor McLean has herself made. Her work gave direction and shape to a new field of study at a time when few questioned the authority of medicine or thought much about the plight of the patient. This collection brings together 21 leading scholars in healthcare law and ethics to honour the depth and significance of her contribution. Including authors from the US, Australia, Canada and New Zealand, the contributions cover areas as diverse as start and end of life, reproductive rights and termination of pregnancy, autonomy of patients, the protection of vulnerable patient groups, and the challenges posed by new technologies.
Fietta, S. and Cleverly, R., Practitioner's Guide to Maritime Boundary Delimitation, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law.
Frankel, S., and D.J. Gervais, Advanced Introduction to International Intellectual Property, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2016.View this title in our link resolver Plinklet
This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties. Key features include: accessible and carefully summarized overview of the field, comprehensive and up-to-date review of all major international intellectual property institutions and instruments, introduces current issues within international IP negotiations and provides tools to analyze the history and possible future development of international IP norms.
Ullrich, H., and R.M. Hilty (eds.), TRIPS plus 20 : from Trade Rules to Market Principles, Berlin, Springer, 2016 (e-book).View this title in our link resolver Plinklet
This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.
Chetail, V., P. De Bruycker and F. Maiani (eds.), Reforming the Common European Asylum System: The New European Refugee Law, Leiden/Boston, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
This book is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union.
Chapter 1 The Common European Asylum System: Bric-à-brac or System? Vincent Chetail;
Chapter 2 The Complex Relationship of Asylum and Border Controls in the European Union Elspeth Guild;
Chapter 3 Negotiating the Second Generation of the Common European Asylum System Instruments: A Chronicle Patricia Van De Peer;
Part II The Dublin Regulation
Chapter 4 The Dublin III Regulation: A New Legal Framework for a More Humane System? Francesco Maiani;
Chapter 5 Family Unity and Family Reunification in the Dublin System:
Still Utopia or Already Reality? Ulrike Brandl;
Chapter 6 The Dublin System, Solidarity and Individual Rights Madeline Garlick;
Part III The Qualification Directive
Chapter 7 Piecemeal Engineering: The Recast of the Rules on Qualification for International Protection Hemme Battjes;
Chapter 8 Refugee Status and Subsidiary Protection:
Towards a Uniform Content of International Protection? Céline Bauloz & Géraldine Ruiz;
Part IV The Reception Conditions Directive
Chapter 9 The European Union Reception Conditions: A Dignified Standard of Living for Asylum Seekers? Evangelia (Lilian) Tsourdi;
Chapter 10 Reception Conditions as Human Rights:
Pan-European Standard or Systemic Deficiencies? Jens Vedsted-Hansen;
Chapter 11 Vulnerable Persons as a New Sub-Group of Asylum Seekers? Lyra Jakuleviciene;
Part V The Asylum Procedures Directive
Chapter 12 The Recast Asylum Procedures Directive 2013/32/EU:
Caught between the Stereotypes of the Abusive Asylum-Seeker and the Vulnerable Refugee Cathryn Costello & Emily Hancox;
Chapter 13 Legal Aid for Applicants for International ProtectionBarbara Mikołajczyk;
Part VI Conclusion
Chapter 14 Building the Common European Asylum System beyond Legislative Harmonisation: Practical Cooperation, Solidarity and External Dimension Philippe De Bruycker & Evangelia (Lilian) Tsourdi;
Viret, M., Evidence in Anti-Doping at the Intersection of Science and Law, The Hague, Asser Press, 2016.View this title in our link resolver Plinklet
This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime.
Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded.
The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters.
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Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.
Cook, G., A Digest of WTO Jurisprudence on Public International Law Concepts and Principles, Cambridge, United Kingdom, Cambridge University Press, 2015.View this title in our link resolver Plinklet
In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.
Pulla, V., (ed.), The Lhotsampa People of Bhutan: Resilience and Survival, Houndsmill, Basingstoke, Palgrave Macmillan, 2016.View this title in our link resolver Plinklet
This book provides insight into one of the world's quietest human rights abuses. The story of the Lhotsampa people of Bhutan describes their journey of coping and resilience, incorporating qualitative research undertaken in the refugee camps in Nepal and resettlement areas in Australia and elsewhere in the world.
Triandafyllidou, A. (ed.), Routledge Handbook of Immigration and Refugee Studies, London/New York, Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
The Routledge Handbook of Immigration and Refugee Studies offers a comprehensive and unique study of the multi-disciplinary field of international migration and asylum studies. Utilising contemporary information and analysis, this innovative Handbook provides an in depth examination of legal migration management in the labour market and its affect upon families in relation to wider issues of migrant integration and citizenship.
With a comprehensive collection of essays written by leading contributors from a broad range of disciplines including sociology of migration, human geography, legal studies, political sciences and economics, the Handbook is a truly multi-disciplinary book approaching the critical questions of:
- Migration and the labour market
- Integration and citizenship
- Migration, families and welfare
- Irregular migration
- smuggling and trafficking in human beings
- asylum and forced migration.
Organised into short thematic and geographical chapters the Routledge Handbook of Immigration and Refugee Studies provides a concise overview on the different topics and world regions, as well as useful guidance for both the starting and the more experienced reader. The Handbook’s expansive content and illustrative style will appeal to both students and professionals studying in the field of migration and international organisations.
Leckie, S., and C. Huggins (eds.), Repairing Domestic Climate Displacement: The Peninsula Principles, London/ New York, Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
Climate change, sometimes thought of as a problem for the future, is already impacting people's lives around the world: families are losing their homes, lands and livelihoods as a result of sea level rise, increased frequency and intensity of storms, drought, and other phenomena. Following several years of preparatory work across the globe, legal scholars, judges, UN officials and climate change experts from eleven countries came together to finalise a new normative framework aiming to strengthen the right of climate displaced persons, households and communities, which resulted in the approval of the Peninsula Principles on Climate Displacement within States in August 2013. This book provides detailed explanations and interpretations of the Peninsula Principles and includes in-depth discussion of the legal, policy, and programmatic efforts needed to uphold the standards and norms embedded in the Principles. The book provides policy-makers with the conceptual understanding necessary to ensure that national-level policies are in place to respond to the climate displacement challenge, as well as a firm sense of the programme-level approaches that can be taken to anticipate, reduce, and manage climate displacement. It also provides students and policy advocates with the necessary information to debate and critique responses to climate displacement at different levels. Drawing together key thinkers in the field, this volume will be of great relevance to scholars, lawyers, legal advisors and policy makers with an interest in climate change, environmental policy, disaster management and human rights law and policy.
Costello, C., The Human Rights of Migrants in European Law, Oxford, Oxford University Press, 2016.View this title in our link resolver Plinklet
Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law.
Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?
D'Orsi, C., Asylum-seeker and Refugee Protection in Sub-Saharan Africa: The Peregrination of a Persecuted Human Being in Search of a Safe Haven, London/New York, Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d'Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.
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Bobek, M. and J. Prassl (eds.), Air Passenger Rights: Ten Years On, Oxford and Portland, Oregon, Hart Publishing, 2016.View this title in our link resolver Plinklet
Regulation 261/2004 on Air Passengers’ Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial CJEU judgments, from ex parte IATA to Sturgeon. The Regulation has led to equally challenging decisions across the Member States, with domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse an application of its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission’s recent publication of reform proposals controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have the same direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do they have for the EU’s regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 10 different Member States as well as the extra-territorial application of Regulation 261 combined with high-level analysis from the perspectives of Aviation law and EU law.
Temperman, J., Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.
Hassan, D., Kuokkanen, T. and Soininen, N. (eds.), Transboundary Marine Spatial Planning and International Law, London ; New York : Earthscan from Routledge, Taylor & Francis Group, 2015.View this title in our link resolver Plinklet
Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.
Lim, C.L. (ed.), Alternative Visions of the International Law on Foreign Investment : Essays in Honour of Muthucumaraswamy Sornarajah, Cambridge, Cambridge University Press, 2016.View this title in our link resolver Plinklet
This book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice.
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Aure, A.H., The Right to Wage War (Jus ad bellum): the German Reception of Grotius 50 years after De iure belli ac pacis, Berlin, Berliner Wissenschafts-Verlag, 2015.View this title in our link resolver Plinklet
With De iure belli ac pacis libri tres (1625), the Dutch humanist and natural law philosopher Hugo Grotius (1583-1645) quickly became the greatest authority on international law (jus gentium) and on just war (bellum justum) in Europe for the next hundred years or so. By examining the theories of three largely unknown German scholars, Konrad Friedlieb, Valentin Alberti and Johann Wolfgang Textor, Andreas Harald Aure discusses dominant visions of international law and the right to go to war (jus ad bellum) in the Protestant parts of the Holy Roman Empire, two generations after Grotius wrote his magnum opus. The authors struggled with questions such as: - What may serve as right justification (cause) for war - Can an offensive war be just - Can a war be just on both sides - Has a belligerent the right to pass through third-party territory - Is there a right to wage war on behalf of people in foreign countries Two chapters discuss the conceptual development of jus gentium (the law of nations). As an adherent of Thomas Hobbes' systematic approach to law, Samuel Pufendorf (1632-1694) realigned jus gentium as natural law (jus naturale). The main topic of this book is a detailed account of the just conditions for war (jus ad bellum) among leading German scholars in the 17th Century, based on in-depth research of primary sources.
Hindelang, S. and Krajewski, M.(eds.), Shifting Paradigms in International Investment Law : More Balanced, Less Isolated, Increasingly Diversified, Oxford, Oxford University Press, 2016View this title in our link resolver Plinklet
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America.
Wu, S., Valencia, M. and Hong, N. (eds.), UN Convention on the Law of the Sea and the South China Sea, Farnham, Ashgate, 2015.View this title in our link resolver Plinklet
Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.
Djeffal, C., Static and Evolutive Treaty Interpretation: a Functional Reconstruction, Cambridge: Cambridge University Press, 2016.View this title in our link resolver Plinklet
How should international treaties be interpreted over time? This book offers fresh insights on this age-old question. The Vienna Convention on the Law of Treaties (VCLT) sets out the rules for interpretation, stipulating that treaties should be interpreted inter alia according to the 'ordinary meaning' of the text. Evolutive interpretation has been considered since the times of Gentili and Grotius, but this is the first book to systematically address what evolutive interpretation looks like in reality. It sets out to address how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static. With the VCLT as its point of departure, this study develops a functional reconstruction of the rules of treaty interpretation, and explores and analyses how the International Court of Justice and the European Court of Human Rights have approached the issue.
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Coates, A.J., The Ethics of War, Manchester, Manchester University Press, 2016.View this title in our link resolver Plinklet
The ethics of war explores the moral limits and possibilities of conflict. The argument proceeds from a just war standpoint which balances rules or principles against the moral capacities and dispositions of belligerents and the particular circumstances in which they act. In this enlarged second edition, a new introduction reflects on the impact of changes to just war thinking and to the practice of war since the book's original publication. The common criticism that traditional just war theory is incoherent, outmoded and in need of radical revision is resisted, and instead, a case is made for an ethics of war rooted in the historic tradition of just war. The concept of just war is compared with realism, militarism and pacifism; the principles of just recourse and just conduct are examined with the aid of real life examples; and a new third part addresses some of the ethical problems raised by terrorism and counterterrorism.
Warner, R. and Kaye, S. (eds.), Routledge Handbook of Maritime Regulation and Enforcement, London, Routledge, 2016.View this title in our link resolver Plinklet
With advances in technology and maritime transport, the spectrum of human activities in all parts of the ocean and the deep seabed is steadily increasing. A combination of factors means that human uses of the ocean now extend beyond the traditional activities of navigation and fishing to new and emerging activities such as bioprospecting for marine genetic resources, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas. This handbook examines in depth current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity in the various zones of maritime jurisdiction. The cornerstone of the international law framework for regulating these activities is the 1982 United Nations Convention on the Law of the Sea.
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Darnstädt, T., Nürnberg: Menschheitsverbrechen vor Gericht 1945, München; Berlin; Zürich, Piper, 2015.View this title in our link resolver Plinklet
Die Nürnnberger Prozesse veränderten die Welt. Wie macht man Frieden? 1945 finden die alliierten Siegermächte darauf eine revolutionäre Antwort: Zum ersten Mal in der Geschichte werden Politiker und Generäle als Kriegsverbrecher vor ein internationales Gericht gestellt. Dort muss sich die Nazi-Elite für ihre Untaten verantworten. Thomas Darnstädt erzählt spannend und aus der Kenntnis unveröffentlichter Quellen von dem historischen Versuch, Frieden durch Recht zu schaffen.
Weisburd, A.M., Failings of the International Court of Justice, New York, NY, Oxford University Press, 2016.View this title in our link resolver Plinklet
Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive. The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.
Prina, F., National Minorities in Putin's Russia: Diversity and Assimilation, London, Routledge, 2016.View this title in our link resolver Plinklet
Using a human rights approach, the book analyses the dynamics in the application of minority policies for the preservation of cultural and linguistic diversity in Russia. Despite Russia’s legacy of ethno-cultural and linguistic pluralism, the book argues that the Putin leadership’s overwhelming statism and promotion of Russian patriotism are inexorably leading to a reduction of Russia’s diversity. Using scores of interviews with representatives of national minorities, civil society, public officials and academics, the book highlights the reasons why Russian law and policies, as well as international standards on minority rights, are ill-equipped to withstand the centralising drive toward ever greater uniformity. While minority policies are fragmented and feeble in contemporary Russia, they are also centrally conceived, which is exacerbated by a growing democratic deficit under Putin. Crucially, in today’s Russia informal practices and networks are frequently utilised rather than formal channels in the sphere of diversity management. Informal practices, the book argues, can at times favour minorities, yet they more frequently disadvantage them and create the conditions for the co-optation of leaders of minority groups. A dilution of diversity, the book suggests, is not only resulting in the loss of Russia’s rich cultural heritage but is also impairing the peaceful coexistence of the individuals and groups that make up Russian society.
McDougall, G., The First United Nations Mandate on Minority Issues, Leiden, Brill/Nijhoff, 2016.View this title in our link resolver Plinklet
Across the world, ethnic, religious and linguistic minorities are subjected to hate crimes, systematic discrimination and marginalization. Religious minorities have recently faced particular threat in certain regions, while in other parts of the globe identity based on race or ethnicity has been used as a basis for exclusion.
In The First United Nations Mandate on Minority Issues, Gay McDougall curates a selection of reports she produced as UN Independent Expert on Minority Issues. The collection, with her introductory analysis, reveals the challenges and opportunities faced in her attempt to highlight the plight of these oppressed communities around the world and to shape an important new mechanism for the UN’s protection of their rights.
Bankes, N. and Trevisanut, S., Energy from the Sea: An International Law Perspective on Ocean Energy, Leiden, Brill, 2015View this title in our link resolver Plinklet
One of the main challenges of our time is to be able to guarantee energy supply at a reasonable price. Policy makers, international institutions and the private sector increasingly look to the oceans as a significant source of energy. The Law of the Sea provides the legal framework within which any maritime activity is performed and strikes a balance between the multiple activities that can take place simultaneously in the same maritime zone. This volume addresses some of the main legal challenges raised by the expansion of the ocean energy sector and its consequences for the relevant international normative and institutional framework. Some of the major themes explored include energy sources and the competition for marine space, energy security, private actors and corporate social responsibility, fragmentation or integration, evolution and reinforcement of international law and liability.
Tseng, Hui-Yi K., Lessons from the Disturbed Waters: the Diaoyu/Diaoyutai/Senkaku Islands Disputes, New Jersey, World Scientific, 2015View this title in our link resolver Plinklet
Please check out the Blog about Senkaku or Diaoyutai Islands?
Abstract: Although the flare-up of tensions in East Asia over the disputed islands, which are alternatively called Diaoyu (China), Diaoyutai (Taiwan) and Senkaku (Japan), seems to be ever more frequent, it has not always been the case. Lessons from the Disturbed Waters traces the origin of the issue back to when it first surfaced in the 1970s. The book explains the positions of the claimants, China, Japan and Taiwan, and explores the reasons why they have taken such positions over the past few decades. Unlike the other books which analyse the disputes predominantly from a geopolitical perspective, this books tries to do so mainly from the perspectives of international law, conflict management, negotiation strategies, and history. Readers will get to see an interesting dynamism played out among the three actors which are directly involved and the influence of extra-regional stakeholders such as the US over the disputes. While the disputes are still evolving, the author hopes this book can shed new light on the intricacies and complexities of the disputes and can provide some threads for further in-depth discussions.
Dragiewicz, M. (ed.), Global Human Trafficking, Critical Issues and Contexts, London/New York, Routledge, 2015.View this title in our link resolver Plinklet
Human trafficking has moved from relative obscurity to a major area of research, policy and teaching over the past ten years. Research has sprung from criminology, public policy, women’s and gender studies, sociology, anthropology, and law, but has been somewhat hindered by the failure of scholars to engage beyond their own disciplines and favoured methodologies. Recent research has begun to improve efforts to understand the causes of the problem, the experiences of victims, policy efforts, and their consequences in specific cultural and historical contexts.
Global Human Trafficking: Critical issues and contexts foregrounds recent empirical work on human trafficking from an interdisciplinary, critical perspective. The collection includes classroom-friendly features, such as introductory chapters that provide essential background for understanding the trafficking literature, textboxes explaining key concepts, discussion questions for each chapter, and lists of additional resources, including films, websites, and additional readings for each chapter.
The authors include both eminent and emerging scholars from around the world, drawn from law, anthropology, criminology, sociology, cultural studies, and political science and the book will be useful for undergraduate and graduate courses in these areas, as well as for scholars interested in trafficking.
Rochel, J., Immigration to the EU: Challenging the Normative Foundations of the EU Immigration Regime, Schulthess, Genève/Zurich 2015.View this title in our link resolver Plinklet
Immigration is omnipresent in current political, legal and, more broadly, societal debates. Challenges linked to immigration have given rise to an important body of scientific literature. The key contribution of Dr. Johan Rochel’s book is to transcend disciplinary boundaries by linking legal scholarship with political philosophy and providing insight on how to reform the current European regime on economic migration and family reunification.
At a time when the European Commission and its president Jean-Claude Juncker have made the common immigration policy a political priority, this book offers a timely outline of a republican theory of immigration for the EU. It specifies how the EU should reform its immigration policy in order to be more consistent with the values and principles upon which the European project has been developed.
The Yearbook of Polar law, Volume 7, 2015View this title in our link resolver Plinklet
Editors-in-Chief: Professor Gudmundur Alfredsson, University of Akureyri, Iceland and China University of Political Science and Law, Professor Timo Koivurova, Northern Institute for Environmental and Minority Law, Arctic Centre, University of Lapland, Finland.
The Yearbook of Polar Law, based at the Faculty of Social Sciences and Law at the University of Akureyri in Iceland, covers a wide variety of topics relating to the Arctic and the Antarctic. These include:
- human rights issues, such as autonomy and self-government vs self-determination, the rights of indigenous peoples to land and natural resources and cultural rights and cultural heritage, indigenous traditional knowledge
- local and national governance issues
- environmental law, climate change, security and environment implications of climate change, protected areas and species
- regulatory, governance and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources
- law of the sea, the retreating sea ice, continental shelf claims
- territorial claims and border disputes on both land and at sea
- peace and security, dispute settlement
- jurisdictional and other issues re the exploration, exploitation and shipping of oil, gas and minerals, bioprospecting
- trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law, and
- the roles and actual involvement of international organizations in the Polar regions, such as the Arctic Council, the European Union, the International Whaling Commission, the Nordic Council, the North Atlantic Treaty Organization, and the United Nations, as well as NGOs.
Black-Branch, J.L. and D. Fleck, Nuclear Non-Proliferation in International Law, Vol. II. Verification and Compliance, The Hague, Asser Press, 2016.View this title in our link resolver Plinklet
The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons; the right to develop research, production and use of nuclear energy for peaceful purposes; and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context. This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth.
Oliveira Mazzuoli, V. de, The Law of Treaties: A Comprehensive Study of the 1969 Vienna Convention and Beyond, Rio de Janeiro, Editora Forense, 2016. Showcase itemView this title in our link resolver Plinklet
The extraordinary growth in the number of international treaties concluded in recent decades has made awakening around the world to study the Law of Treaties. In Brazil, in particular, the issue has gained greater prominence only recently, due to the delayed ratification of the Vienna Convention on the Law of Treaties. In fact, since the signing of the Convention on 23 May 1969, more than forty years passed before the final engagement of Brazil to the text of Vienna, which took place only on 25 September 2009. This book - which is the first to be published between us after the Brazilian ratification of the Vienna Convention of 1969 - come fill this large gap in the homeland doctrine. Written by one of the most respected Brazilian internationalist, the book that now reaches the hands of readers versa with depth on all issues related to the theory of treaties, as shown by the detailed summary. Each subject studied in the work deserved harsh treatment, since the precise use of words in the text and the methodological rigor used up the reasons for each point versed with what is best in doctrinal level in the world.
Duffy, H., The ‘War on Terror’ and the Framework of International Law, (2nd ed.), Cambridge, Cambridge University Press, 2015View this title in our link resolver Plinklet
Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.
Westra, L., S. Juss and T. Scovazzi, Towards a Refugee Oriented Right of Asylum, Farnham, Ashgate, 2015.View this title in our link resolver Plinklet
This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees.
Kolb, R., Peremptory International Law - Jus Cogens: a General Inventory, Oxford, Hart Publishing, Bloomsbury Publishing plc, 2015.View this title in our link resolver Plinklet
Given the literature in the field of jus cogens one might ask what could possibly be added to the body of literature already existing in field? Robert Kolb, one of the leading international scholars of his generation, offers a seminal survey of the question of peremptory international law. The book analyses and systemises courts’ diverging approaches, and draws a typology of techniques for judicial protection afforded to individuals affected by UNSC measures. On the basis of this analysis, the book identifies the discrepancies with the international human rights law standards and proposes solutions. The study pays special attention to the persisting problem with the targeted sanctions regime, which is that the grounds and evidence on the basis of which individuals are designated remain largely confidential. The book suggests an amendment to the present UNSC procedure, which would mitigate this problem. This important book is essential reading for all scholars of the subject.
Marassi, S., Blanpain, R., Globalization and Transnational Collective Labour Relations : International and European Framework Agreements at Company Level, Alphen aan den Rijn, The Netherlands, Wolters Kluwer Law & Business, 2015.View this title in our link resolver Plinklet
The severe social pressures brought about by the process of globalization have inevitably led to new modes of governance at company level. More than 250 transnational company agreements (TCAs) have been signed to date, involving more than 160 multinational enterprises (MNEs) and 10 million workers. Yet these initiatives are still very much works in progress, and consequently a full-scale assessment of what has been accomplished so far, what has been learned, and what likely future trends are emerging is much to be desired. This book responds to this challenge.Because of the distinct and early development of international framework agreements (IFAs), an important distinction exists between the latter and European framework agreements at company level (EFAs). This book identifies the similarities and differences between IFAs and EFAs, focusing particularly on how the different features of these two categories are perceived in practice by the signatory parties. The author bases her in-depth study on a detailed comparative analysis of the texts of IFAs and EFAs concluded by MNEs with a total of more than 80,000 employees in 2013, with attention to titles, signatories, sectors involved, content, addressees, duration, revision, renewal, termination, and follow-up procedures, as well as legal status and legal effects.
Bunnemann, F., The Compatibility of the Prohibition of Political Strikes with International and EU Labour Law : Germany's Handling of the Right to Strike, Hamburg, Verlag Dr. Kovac, 2015.View this title in our link resolver Plinklet
Since the beginning of the economic crisis in Europe, citizens from countries hit by the crisis have been faced with steep cuts effectuated by the national governments. This gave a new boost to political strikes. In Germany, however, political strikes are prohibited. This thesis examines the compatibility of this prohibition with International and EU Labour Law. The author assesses the case law of the different European courts and interprets the relevant norms of European, International and Domestic law.
Kanalan, I., Die universelle Durchsetzung des Rechts auf Nahrung gegen transnationale Unternehmen, Tubingen, Mohr Siebeck, 2015.View this title in our link resolver Plinklet
English summary: Is the right to food universally enforceable? Can it be enforced on transnational corporations? Ibrahim Kanalan critically discusses the justiciability of enforcing the right to food, as well as the accountability of such companies in terms of human rights, and shows ways to implement the right.
German description: Ibrahim Kanalan widmet sich der Bekampfung von Hunger. Er geht der Frage nach, ob das Recht auf Nahrung universell einklagbar ist und gegen transnationale Unternehmen durchgesetzt werden kann. Er setzt sich grundlegend mit den Einwanden auseinander, die gegen die universelle Justiziabilitat sozialer Menschenrechte eingebracht werden. Mit einer ausfuhrlichen Analyse der verschiedenen globalen Normen sowie der Rechtsprechung auf internationaler, regionaler und nationaler Ebene zeigt der Autor, dass das Recht auf Nahrung universell einklagbar ist. Sodann systematisiert er die verschiedenen Rechtsanspruche in Auseinandersetzung mit der fragmentierten Spruchpraxis zahlreicher Gerichte und quasi-gerichtlicher Organe. Ibrahim Kanalan entwickelt ein neues und unkonventionelles Konzept, mit dem er die unmittelbare Bindung von Unternehmen an die Menschenrechte begrundet. Von einem rechtspluralistischen Verstandnis ausgehend analysiert er abschliessend verschiedene Moglichkeiten der transnationalen Durchsetzung des Rechts auf Nahrung.
MacMaolain, C., Food Law : European, Domestic and International Frameworks, Oxford, Portland, Oregon, Hart Publishing, 2015.View this title in our link resolver Plinklet
This book provides a broad conspectus on the application of EU and international regulation of the food sector on English law. It is aimed at practitioners and students of this vital and emerging branch of law, and also all those involved or interested in the food industry who wish to familiarise themselves with how the law is applied in practice.The book commences with a short conceptual framework for the study of food law. It then provides a comprehensive and up-to-date account of current English law, explaining how both international and national law and EU decision-making have impacted upon the production, sale and consumption of food in England. It describes in detail the roles of government, the Food Standards Agency and local enforcement authorities.The book contains full outlines of the developments in the most significant areas of food law. It concentrates specifically on topics such as food labelling and advertising, quality and compositional requirements, geographical food names, genetic modification, organic production, animal welfare and also the role of law in tackling poor health and obesity.The book sets out to explain and describe the impact of successive food crises on food safety and transparency requirements. It considers how the existing rules on the chemical and biological safety of food impact on our law and concludes with a review of the developing legal issues concerning the environmental impacts of current and proposed food law.
Saganek, P., Unilateral Acts of States in Public International Law, Leiden, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.
Johns, L., Strengthening International Courts: The Hidden Costs of Legalization, Ann Arbor, University of Michigan Press, 2015.View this title in our link resolver Plinklet
As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve disputes regarding these laws to an independent court, whose power depends upon its ability to enforce its rulings.
Examining detailed case studies of the International Court of Justice and the transition from the General Agreement on Tariffs and Trade to the World Trade Organization, Leslie Johns finds that a court’s design has nuanced and mixed effects on international cooperation. A strong court is ideal when laws are precise and the court is nested within a political structure like the European Union. Strong courts encourage litigation but make states more likely to comply with agreements when compliance is easy and withdraw from agreements when it is difficult. A weak court is optimal when law is imprecise and states can easily exit agreements with minimal political or economic repercussions. Johns concludes the book with recommendations for promoting cooperation by creating more precise international laws and increasing both delegation and obligation to international courts.
Bruinsma, G. (ed.), Histories of Transnational Crime, New York, Springer, 2015.View this title in our link resolver Plinklet
Histories of Transnational Crime provides a broad, historical framework for understanding the developments in research of transnational crime over the centuries. This volume provides examples of transnational crime, and places them in a broad historical context, which has so far been missing from this field of study. The contributions to this comprehensive volume explore the causes and historical precursors of six main types of transnational crime: -piracy -human smuggling -arms trafficking -drug trafficking -art and antique trafficking -corporate crime. The historical contributions demonstrate that transnational crime is not a novel phenomenon of recent globalization and that, beyond organized crime groups, powerful individuals, governments and business corporations have been heavily involved. Through a systematic historical and contextual analysis of these types of transnational crime, the contributions to this volume provide a fundamental understanding of why and how various forms of transnational crime are still present in the contemporary world. In the past two decades, the study of transnational crime has developed from a subset of the study of organized crime to its own recognized field of study, covering distinct societal threats and requiring a particular approach.
Bergsmo, M., Ling, C. W. and Ping, Y. (eds.), Historical Origins of International Criminal Law, Volume I, Brussels, Torkel Opsahl Academic EPublisher, 2014View this title in our link resolver Plinklet
The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further consolidate this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions.
O’Keefe, R., International Criminal Law, Oxford, Oxford University Press, 2015View this title in our link resolver Plinklet
International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.
Saul, B. (ed.), Research Handbook on International Law and Terrorism, Cheltenham, Edward Elgar, 2014View this title in our link resolver Plinklet
This landmark Handbook provides a comprehensive overview of all major areas of international counter-terrorism law and practice, both before and after the terrorist attacks of September 11, 2001. The specially commissioned, original chapters assess how international law addresses terrorism from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law.
With contributions from leading scholars and practitioners in the field, the book addresses the major controversies in the global legal response to terrorism, including the war on terror, drone strikes and targeted killings, torture and renditions, indefinite detention, military trials, UN Security Council measures and sanctions, judicial supervision, the issue of gender, and the role of Islam. Each chapter provides a succinct overview and critical commentary of the law. The law of regional organizations and selected national practice are also examined.
Lynch, O. and Argomaniz, J. (eds.), Victims of Terrorism: A Comparative and Interdisciplinary Study, Abingdon, Routledge, 2015View this title in our link resolver Plinklet
This book examines the politicisation of victims of terrorism and the reality of the victimisation experience within the broader field of terrorism and the resulting conflict.
Victims of terrorism are a unique group of individuals whose experience is overlooked in the current literature on terrorism. Since 9/11, terrorism has risen to global prominence and has become a key topic of interest with regards to media attention and national security. As a result, many European countries (as well as the USA) have had to take active steps to protect and provide for the victims of terrorism, particularly given the nature of victimisation post-3/11 (Madrid) and 7/7 (London). Recently, we have also seen an increase in the political currency of the terrorist victim; for example, the lobbying activities and political involvement of the victims of ETA terrorism and the exceptionally powerful lobby in the USA that sees the involvement of victims of terrorism and their families in policy-making and law-enforcement transformations.
Klabbers, J., Advanced introduction to the law of international organizations, Cheltenham, Edward Elgar Publishing, 2015.View this title in our link resolver Plinklet
This highly readable introduction gives a nuanced overview of the legal mechanisms behind the operation of international organizations such as the UN, the EU and the World Bank. It offers perceptive insights by placing the law of international organizations in a political context and presents a systematic discussion of a variety of relevant legal notions, ranging from the powers of international organizations to mechanisms of accountability. Written by a leading authority on the topic, it provides a concise and accessible examination of this developing facet of international law.
Hanrieder, T. , International organization in time : fragmentation and reform, Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
International Organization in Time investigates why reformers often pledge to unify international organizations (IOs), but end up fragmenting them instead. The book reconstructs the institutional history of the World Health Organization (WHO) since its creation in 1946. It theorizes the fragmentation trap, which is both a cause and a consequence of reform failure in the WHO. A comparison between the International Labour Organization (ILO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) illustrates the relevance of path dependence and fragmentation across the United Nations (UN) system. As the UN approaches its 70th anniversary, this book helps to understand the path dependent dynamics that reformers encounter in international organizations.
Krieger, J. (Ed.), The Oxford companion to international relations, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
International Relations has long been a core discipline within Political Science, one of vast importance for understanding social, cultural, economic and political exchanges across national boundaries. Every dimension of human experience falls within the scope of the field, making it applicable to psychologists, historians, anthropologists, and others across a wide swath of academia. The two-volume Oxford Companion to International Relations would be one of the first reference works to make this field clear and comprehensible to both specialists and non-specialists.
Entries are mostly thematic in content, rather than site-specific, permitting the work to have value and currency for years to come. The numerous theories and applications of IR are comprehensively covered, as would controversies related to the field, prominent figures, and ways IR has shaped political history. There are revised & updated entries derived from the Oxford Companion to Politics of the World, while the rest would be newly commissioned and authored by the foremost IR scholars around the world. New entries cover institutional developments (for instance, the creation and operation of the International Criminal Court, the governance of the Internet, and the various changes in the international monetary architecture since the beginning of the economic crisis); significant events that were not covered in the older volume (the wars in Afghanistan and Iraq, the challenges facing new democratic regimes in Eastern Europe and Africa); and advances in IR scholarship, especially in the fields of terrorism and international security. Fifteen interpretive essays are interspersed throughout the A-Z text, encouraging further scholarship and dialogue between readers.
Beeson, M. and F. Li, China's regional relations : evolving foreign policy dynamics, Boulder, Beeson, Lynne Rienner Publishing, 2014.View this title in our link resolver Plinklet
Has China’s much-discussed “charm offensive” come to an end? Are fears about the country’s more assertive foreign policies justified? How will a rising China interact with its regional neighbors? Mark Beeson and Fujian Li address these questions by comprehensively exploring the nature, effectiveness, and implications of China’s foreign policy strategy in Asia and Australia.
McLachlan, C., Foreign relations law, Cambridge, Cambridge University Press, 2014.View this title in our link resolver Plinklet
What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
Caruso, U. and R. Hofmann (Eds.), The United Nations Declaration on Minorities : an academic account on the occasion of its 20th anniversary (1992-2012), Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.
Barber, M., Blinded by humanity : inside the UN's humanitarian operations, London, I.B. Tauris, 2015.View this title in our link resolver Plinklet
How to respond effectively to humanitarian crises is one of the most pressing and seemingly intractable problems facing the United Nations. Martin Barber, for many years a senior UN official and with decades of humanitarian experience, here argues that the explanation for UN""'failures"" or only partial successes lies not with any lack of idealism or good intentions but with the constraints placed on aid workers by ill-considered policies and poor practical application – officials are ""blinded by humanity.""
Barber presents an inside story based on personal/hands-on/practical experience in Laos, Thailand, Afghanistan, Bosnia-Herzegovina and, finally, in Abu Dhabi where he advised the UAE government on its aid programme. He tells of internal struggles at head office and the challenges of working in the field. All the major UN activities – and headaches – are here, including refugee work, coordinating humanitarian aid, peacekeeping, the huge problem of ""de-mining,"" and the complex internal workings of the UN Secretariat.
A personal narrative and lessons drawn from direct experience provide the frame for an examination of major questions concerning the future of humanitarian response - how effectively have international institutions discharged their responsibilities towards people affected by conflict? Specifically, how did the UN perform? And how might the UN better help such people in the 21st century? Barber analyses recent policy developments intended to improve the quality and effectiveness of the UN's work in humanitarian fields, and assesses the extent to which recent reforms are likely to make the UN a more effective partner for countries emerging from conflict. In the final chapter he highlights seven 'blind spots' whose significance has been consistently ignored or overlooked, and in each case suggests a radical new approach.
Based on decades of personal experience and 'insider access', this will be essential reading for students of international relations and politics as well as for all those directly or indirectly involved with humanitarian issues.
Fasulo, L.M., An insider's guide to the UN, New Haven, Yale University Press, 2015.View this title in our link resolver Plinklet
In this third edition, prominent news correspondent Linda Fasulo updates and revises her lively, comprehensive, and authoritative guide to the United Nations, including candid insights from US and UN diplomats and officials as well as experts. Fasulo’s popular book carefully describes the UN system while covering issues as diverse as terrorism, peacekeeping, climate change, R2P (responsibility to protect), and sustainable development.
Swennen, F. (ed.) Contractualisation of Family Law : Global Perspectives, Cham, Springer, 2015.View this title in our link resolver Plinklet
This book contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.
Megzari, A., “The Internal Justice of the United Nations : A Critical History, 1945-2015, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Since 1945, the United Nations has had an internal justice system to handle internal disputes and examine employee conformity with its rules of governance. Based on an exhaustive analysis of 3,067 judgements, advisory opinions, and General Assembly debates on the issue, The Internal Justice of the United Nations offers an unparalleled account of the system’s effectiveness and shortcomings over its seventy year history.
Brummer, C., Soft Law and the Global Financial System: Rule Making in the 21st Century (2nd. ed.), New York, NY, Cambridge University Press, 2015.View this title in our link resolver Plinklet
This book explains how international financial law 'works' and presents an alternative theory for understanding its purpose, operation, and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market, and institutional mechanisms that make it more coercive than classical theories of international law predict. As such, it is a powerful, though at times imperfect, tool of financial diplomacy. Expanded and revised, the second edition of Soft Law and the Global Financial System contains updated material as well as an extensive new chapter analyzing how international standards and best practices have been operationalized in the US and EU in the wake of the financial crisis. It remains an essential tool for understanding global soft law for political scientists, lawyers, economists, and students of financial statecraft.
Megzari, A., The Internal Justice of the United Nations : A Critical History, 1945-2015, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Since 1945, the United Nations has had an internal justice system to handle internal disputes and examine employee conformity with its rules of governance. Based on an exhaustive analysis of 3,067 judgements, advisory opinions, and General Assembly debates on the issue, The Internal Justice of the United Nations offers an unparalleled account of the system’s effectiveness and shortcomings over its seventy year history.
Tanzi, A. (et al.) (eds.), The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes: Its Contribution to International Water Cooperation, Leiden/Boston, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Edited by Attila Tanzi, University of Bologna; Owen McIntyre, University College Cork, National University of Ireland; Alexandros Kolliopoulos, Ministry of Foreign Affairs of Greece, Alistair Rieu-Clarke, University of Dundee; Rémy Kinna, Oxfam Australia. The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes provides invaluable insights into the contribution of this international agreement towards transboundary water cooperation via its legal provisions, accompanying institutional arrangements and subsidiary policy mechanisms. Contributing authors - experts on key aspects of the Convention - address a broad range of issues, primarily concerning its: development and evolution; relationship with other multi-lateral agreements; regulatory framework and general principles; tools for arresting transboundary pollution; procedural rules; compliance and liability provisions; and select issues including its Protocol on Water and Health.
Palaco Caballero, F. de M., La Cour Internationale de Justice et la Protection de l'Individu, Genève, Université de Genève, Faculté de Droit, Paris, LGDJ-Lextenso Éditions, 2015.View this title in our link resolver Plinklet
La jurisprudence de la Cour internationale de justice en matière de protection de l'individu tend à poser les bases d'une réflexion d'ampleur ayant pris forme après la Seconde guerre mondiale. Ce mouvement né de l'esprit des droits de l'Homme d'après-guerre semble aujourd'hui vouloir irradier l'ensemble du droit international moderne au point de conduire à une refonte de ses règles traditionnelles. S'affranchissant de la conception classique du droit international où l'individu est tributaire de la volonté des États, la Cour, organe judiciaire principal des Nations Unies, va reconnaître de manière progressive l'individu en tant que destinataire effectif de droits internationaux. Toutefois, cette volonté d'ouverture marquée par la consécration d'un corps de normes et principes applicable en toutes circonstances reste tiraillée entre la protection effective des droits fondamentaux de l'individu et le respect de la volonté souveraine des États parties.
Talani, L.S. and S. McMahon (eds.), Handbook of the International Political Economy of Migration, Cheltenham, Edward Elgar, 2015.View this title in our link resolver Plinklet
This Handbook discusses theoretical approaches to migration studies in general, as well as confronting various issues in international migration from a distinctive international political economy perspective. It examines migration as part of a global political economy whilst addressing the theoretical debate relating to the capacity of the state to control international migration and the so called ‘policy gap’ or ‘gap hypothesis’ between migration policies and their outcomes.
Cantor, D.J., L.F. Freier and J-P. Gauci (ed.), A Liberal Tide? Immigration and Asylum Law and Policy in Latin America, London, Institute of Latin American Studies, 2015.View this title in our link resolver Plinklet
Over the past decade, a paradigm shift in migration and asylum law and policymaking appears to have taken place in Latin America. Does this apparent “liberal tide” of new laws and policies suggest a new approach to the hot topics of migration and refugees in Latin America distinct from the regressive and restrictive attitudes on display in other parts of the world? The question is urgent not only for our understanding of contemporary Latin America but also as a means of reorienting the debate in the migration studies field toward the important developments currently taking place in the region and in other parts of the global south. This book brings together eight varied and vibrant new analyses by scholars from Latin America and beyond to form the first collection that describes and critically examines the new liberalism in Latin American law and policy on migration and refugees.
Fouret, J., Enforcement of Investment Treaty Arbitration Awards, London, Globe Law and Business, 2015.View this title in our link resolver Plinklet
The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before. Investment treaty arbitration has thus become the preferred dispute resolution mechanism for resolving disputes with a state relating to foreign investment. However, securing a final arbitral award in this context is often only the beginning of a complicated process in enforcing arbitral awards against sovereigns and state entities. Spearheaded by leading arbitration practitioner Julien Fouret at Castaldi Mourre in Paris, this new title brings together more than 30 experts to provide both substantive analysis of recurring issues at the enforcement stage of awards and practical perspectives on how to enforce an award based on investment treaties. It explores enforcement issues ranging from the specificities of the International Centre for Settlement of Investment Disputes mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities; and addresses the means to enforce these types of award in practice.Valuable jurisdiction-specific information is provided for over 25 states, including coverage of the applicable international and domestic legal frameworks and reviews of the most recent practices. Whether you are an arbitration lawyer in private practice or a user of investment treaty arbitration, this title will provide you with holistic, practical and theoretical insight on the last and most important step of an arbitral process against a state or state entity.
Garcia-Bolivar, O., and H. Otero (eds.), Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
The editors of the book present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.
Euler, D. (et al.) (eds.), Transparency in International Investment Arbitration: A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, Cambridge University Press, 2015.View this title in our link resolver Plinklet
The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia.
Giorgetti, C. (ed.), Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
This book, based on papers presented at the Annual Meeting of the American Society of International Law in April 2014, examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums
Quirico, O., Climate Change and Human Rights : an International and Comparative Law Perspective, London, New York, Routledge, Taylor & Francis Croup, 2016.View this title in our link resolver Plinklet
Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.
Basedow, J., The Law of Open Societies: Private Ordering and Public Regulation in the Conflict of Laws, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
De Baere, G., and J. Wouters (eds.), The Contribution of International and Supranational Courts to the Rule of Law, Cheltenham, UK, Edward Elgar Publishing, 2015.View this title in our link resolver Plinklet
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies.
Noortmann, M., A. Reinisch and C. Ryngaert (eds.), Non-state Actors in International Law, Oxford, USA, Hart Publishing, 2015.View this title in our link resolver Plinklet
The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This handbook explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors’ position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the publication, and the essential political science perspectives – on non-state actors’ role in international politics and globalisation, as well as their soft power – are presented at the end.
Freedman, J., Gendering the International Asylum and Refugee Debate, Basingstoke, Palgrave Macmillan, 2015.View this title in our link resolver Plinklet
Women make up at least half of the world's refugees, but only a minority of asylum seekers who reach the West are female. International conventions as well as national laws and policies on asylum have frequently overlooked or ignored the gendered nature of asylum issues. Indeed, despite policies to counter gender-based violence, women in refugee camps are often victims of rape and sexual violence. This book redresses the lack of gender-specific analyses of asylum and refugee issues by providing a comprehensive account of women in global forced migration, and explaining the ways in which women's experiences are shaped by gendered relations and structures. The book provides a wide-ranging examination of all sides of the debate looking at causes of refugee flows, international laws and conventions and their application, responses to refugees and asylum seekers and the experiences of refugees and asylum seekers themselves. Drawing on interviews with refugees, asylum seekers, members of NGOs, voluntary organizations and policy makers, this book will be a valuable resource for students, academics and practitioners alike.
Fichtelberg, A., Hybrid Tribunals: A Comparative Examination, New York, Springer, 2015View this title in our link resolver Plinklet
This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.
Kolb, R., Advanced Introduction to International Humanitarian Law, Cheltenham, Edward Elgar, 2015View this title in our link resolver Plinklet
This innovative book provides a thought-provoking introduction to international humanitarian law (IHL). Robert Kolb explores the field through questions – which are at times challenging and controversial – in order to get to the very essence of the subject and give a fresh perspective. The result is an exposition both of the law as it stands, through its written and unwritten rules, and also of the uncertainties, gaps, controversies and practical problems which have arisen. IHL is revealed as a living tool, an ever-adapting means to an ever-remaining need of protection during times of armed conflict.
Burri, N., Bravery or Bravado?: The Protection of News Providers in Armed Conflict, Leiden, Brill Nijhoff, 2015View this title in our link resolver Plinklet
During the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have become victims of their own story. In this book, Nina Burri provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, Burri explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law.
Stahn, C. (ed.), The Law and Practice of the International Criminal Court, Oxford, Oxford University Press, 2015View this title in our link resolver Plinklet
The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
Rothe, D.L. and D.O. Friedrichs, Crimes of Globalization, New York, NY, Routledge, 2015View this title in our link resolver Plinklet
This book addresses immensely consequential crimes in the world today that, to date, have been almost wholly neglected by students of crime and criminal justice: crimes of globalization. This term refers to the hugely harmful consequences of the policies and practices of international financial institutions – principally in the global South. A case is made for characterizing these policies and practices specifically as crime. Although there is now a substantial criminological literature on transnational crimes, crimes of states and state-corporate crimes, crimes of globalization intersect with, but are not synonymous with, these crimes. Identifying specific reasons why students of crime and criminal justice should have an interest in this topic, this text also identifies underlying assumptions, defines key terms, and situates crimes of globalization within the criminological enterprise. The authors also define crimes of globalization and review the literature to date on the topic; review the current forms of crimes of globalization; outline an integrated theory of crimes of globalization; and identify the challenges of controlling the international financial institutions that perpetrate crimes of globalization, including the role of an emerging Global Justice Movement. The authors of this book have published widely on white collar crime, crimes of states, state-corporate crime and related topics. This book will be essential reading for academics and students of crime and criminal justice who, the authors argue, need to attend to emerging forms of crime that arise specifically out of the conditions of globalization in our increasingly globalized, rapidly changing world.
Mitsilegas, V., P. Alldridge and L. Cheliotis (eds.), Globalisation, Criminal Law and Criminal Justice: Theoretical, Comparative and Transnational Perspectives, Oxford, Hart Publishing, 2015View this title in our link resolver Plinklet
The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses from a cross-disciplinary perspective the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.
Roach, K. (ed.), Comparative Counter-Terrorism Law, New York, Cambridge University Press, 2015View this title in our link resolver Plinklet
Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real world application. Including a thematic introduction and conclusion, this book will help establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
Lennon, G. and Walker, C. (eds.), Routledge Handbook of Law and Terrorism, London, Routledge, 2015View this title in our link resolver Plinklet
In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance.
Ippolito, F. and S. Iglesias Sánchez, Protecting Vulnerable Groups, The European Human Rights Framework, Oxford/Portland, Hart, 2015.View this title in our link resolver Plinklet
The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Four chapters concern minorities:
6. European Law and Regional or Minority Languages: Cultural Diversity
and the Fight against Linguistic Vulnerability
Olivier Dubos and Victor Guset ...................................................................115
7. The Many Vulnerabilities of the Roma and the
European Legal Framework
9. The Protection of Religious Minorities in Europe: Strengths
Erica Howard .................................................................................................181
10. The Protection of Sexual Minorities in European Law
Weiss, F., and A.J. Kammel, The Changing Landscape of Global Financial Governance and the Role of Soft Law, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
This publication provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific
debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.
Murillo Chávarro, J., The Human Right to Water: a Legal Comparative Perspective at the International, Regional and Domestic Level, Cambridge; Antwerp; Portland, Intersentia, 2015.View this title in our link resolver Plinklet
The book summarises the history of the human right to water and examines its main content and the obligations that derive from this right. The main purpose of the recognition of the human right to water is to guarantee to everyone access to sufficient, safe and affordable drinking water to satisfy personal and domestic uses. This book discusses whether the human right to water is recognised as a derivative right or as an independent right at three levels – universal, regional and domestic - where human rights are acknowledged and enforced. For national law a case study approach has been used with focus on Argentina, Bolivia, Chile and Colombia. Additionally, the human right to water is examined in a transboundary water context, where the use and management of an international watercourse in one riparian state can directly or indirectly affect the human right to water in another riparian state. For this reason, this book analyses whether the core principles of international water law contribute to the realisation of the extraterritorial application of the right to water.
Plender, R. (ed.), Issues in International Migration Law, Leiden, Brill/Nijhoff, 2015.View this title in our link resolver Plinklet
This lively collection presents the revised papers resulting from a conference held at the Faculty of Law of the University of Groningen under the auspices of the Groningen Centre for Law and Governance and the Department of European and Economic Law. The conference brought together scholars from a number of countries to examine a series of current issues in international migration law - a topic which continues to be of major importance worldwide. The collection aims to widen horizons in the debate and assist in achieving an understanding of the fact, often forgotten by those who prefer rhetoric to understanding, that migration is a truly global phenomenon. While Europe is at the forefront of population changes and debates on the control and management of migration, there are major issues and crises in many areas across the globe, and various contributions to this volume rightly draw attention to them.
La guerre au Mali : comprendre la crise au Sahel et au Sahara, enjeux et zones d'ombreMichel Galy, 2013
Le 11 janvier 2013 au matin, les autorités françaises lançaient une opération militaire, baptisée « Serval », au nord du Mali. Cinq jours plus tard, un groupe armé opéra une spectaculaire prise d’otage dans un complexe gazier près d’In-Amenas, en Algérie. Subitement, les médias braquèrent les projecteurs sur le Sahel et le Sahara, qui d’ordinaire n’attirent guère l’attention. Des « terroristes » dont on ignorait jusque-là presque tout surgirent sur la couverture des magazines. Et l’on découvrit soudainement l’importance stratégique de cette région où les enjeux économiques, politiques et sécuritaires sont inextricablement mêlés.
C’est un ambitieux travail d’analyse et de mise en perspective que proposent les auteurs de ce livre. Spécialistes de la région et des mouvements qui y agissent, ils rappellent le contexte général d’une crise qui dépasse le simple théâtre malien. Ils identifient les enjeux soulevés par le conflit et clarifient les positions, officielles et officieuses, des différents acteurs. Que se passe-t-il réellement au Mali ? Pour quelles raisons la France y a-t-elle envoyé son armée ? Qui sont ces « Touaregs » dont on parle tant mais que l’on connaît si mal ? Qui se cache derrière cette galaxie « djihadiste » particulièrement nébuleuse ? Quelles seront les conséquences humanitaires de ce conflit protéiforme ?
Parce que la « crise malienne » est loin d’être terminée et parce que les conséquences de l’opération Serval se feront durablement sentir, ce livre est indispensable pour comprendre ce qui se joue au Sahel et au Sahara.
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Boulden, J. and W. Kymlicka (eds.), International Approaches to Governing Ethnic Diversity, Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
One of the most remarkable features of the post-Cold War period has been the upsurge of international involvement in questions of ethnic diversity. From the United Nations and the European Court of Human Rights to diverse international philanthropic and advocacy organizations, a wide range of international actors have adopted policies and principles for addressing questions of ethnic rights, identity, and conflict.
International Approaches to Governing Ethnic Diversity explores whether and how these international actors contribute to the peaceful and democratic governance of ethnic diversity. It focuses on two broad areas of international work: the evolution of international legal norms regarding the rights of minorities and indigenous peoples, and international approaches to conflict and post-conflict development. The book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity, and exploring their often contradictory roles and impacts. Most international actors come to questions of ethnic diversity indirectly and reluctantly, on the basis of widely varying mandates many of which were established to fulfill other objectives.They naturally therefore have different priorities and perspectives. And yet, the book identifies a striking convergence amongst international actors around discourses of diversity and equality, demonstrating the existence of an epistemic community where actors work within common vocabularies, discourses and principles that attempt to link human rights, pluralism, development and peace.
Panizzon, M., G. Zürcher and E. Fornalé (eds.), The Palgrave Handbook of International Labour Migration: Law and Policy Perspectives, New York, Palgrave MacMillan, 2015View this title in our link resolver Plinklet
This authoritative state-of-the-art reference collection maps the changing landscape of labour mobility. It explores the dialectic between state sovereignty and market-based logic, which is transforming the speed, scope and scale of trans-boundary migration for employment.
Faced with the absence of a multilateral treaty and of a global architecture, governments today are turning to bilateral agreements as the preferred mode of migration governance to deal with the cross-border movement of capital and persons. Recently, private actors have challenged state regulations to increasingly bypass the complexities of their immigration laws and policies. This duality
between immigration regulations and the market-based logic of trade agreements offers the opportunity to conduct a deep examination of the relationship between labour migration and the state-centred regime.
This insightful collection offers a conceptual framework for the development of interdisciplinary approaches to the management of labour mobility – including transnationalism, economics, legal and social sciences. Eminent scholars from various disciplines and perspectives analyze labour mobility issues across the major countries of origin and destination over four continents, with an emphasis on theoretical reflection and empirical analysis.
The Palgrave Handbook of International Labour Migration goes beyond the assumption that states are the only actors in the design and implementation of migratory policies. It maps the field, framing legal and political questions to address the main elements of labour mobility, including the limits and challenges of state action.
Gauci, J-P., M. Giuffré and E. Tsourdi (eds.), Exploring the Boundaries of Refugee Law: Current Protection Challenges, Leiden?Boston, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
rotection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.
Earle, A. (et al.) (eds.), Transboundary Water Management and the Climate Change Debate, London; New York, Routledge, Taylor and Francis Group, 2015.View this title in our link resolver Plinklet
Climate change has an impact on the ability of transboundary water management institutions to deliver on their respective mandates. The starting point for this book is that actors within transboundary water management institutions develop responses to the climate change debate, as distinct from the physical phenomenon of climate change. Actors respond to this debate broadly in three distinct ways – adapt, resist (as in avoiding the issue) and subvert (as in using the debate to fulfil their own agenda). The book charts approaches which have been taken over the past two decades to promote more effective water management institutions, covering issues of conflict, cooperation, power and law. A new framework for a better understanding of the interaction between transboundary water management institutional resilience and global change is developed through analysis of the way these institutions respond to the climate change debate. This framework is applied to six river case studies from Africa, Asia and the Middle East (Ganges-Brahmaputra, Jordan, Mekong, Niger, Nile, Orange-Senqu) from which learning conclusions and policy recommendations are developed.
Quintana, J.J., Litigation at the International Court of Justice: Practice and Procedure, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.
De Decker, M., Europees internationaal rivierenrecht, Antwerpen; Apeldoorn, Maklu, 2015.View this title in our link resolver Plinklet
Dit boek behandelt in extenso alle juridische aspecten verbonden met het gebruik van binnenwateren voor scheepvaartdoeleinden, met name door binnenschepen. Zowel publiekrechtelijke als privaatrechtelijke vraagstukken komen daarbij aan de orde. “Het voorliggende werk is monumentaal, niet enkel in omvang maar vooral naar inhoud. Mij is geen andere wetenschappelijke bijdrage bekend die op een zodanig alomvattende wijze het rivierenrecht situeert en analyseert en er eveneens in slaagt om het op een bevattende wijze te duiden. Dr. Marc De Decker etaleert op een meesterlijke manier zijn uitgebreide historische en juridische kennis van het Europese rivierenrecht en voert de lezer mee op een intrigerende tocht naar de schepping van een juridisch systeem waarmee bijna iedereen wordt geconfronteerd maar wat weinigen werkelijk kunnen bevatten. De verschillende grote ontwikkelingen die stapsgewijs tot stand zijn gekomen, van de Franse revolutie over het Congres van Wenen, het verdrag van Parijs van 1856 naar de grote verkeersconferenties in de 20ste eeuw, worden met meer dan een vaardige hand beschreven en geanalyseerd. Bijzonder boeiend is het plaatsen van het Europese rivierenrecht binnen het grotere kader van het internationaal publiek recht. Fundamentele aspecten zoals de vrijheid van scheepvaart en de institutionalisering van het rivierenrecht worden grondig behandeld en geven zonder meer een grote meerwaarde aan dit boek. Het toetsen van de materie tegenover het recht van de Europese Unie en tegenover andere dan scheepvaartgebruiken van de waterwegen vervolledigt de aanpak van de auteur waarmee het voorliggende werk een bijna alomvattend beeld geeft van het Europese rivierenrecht. Dit boek verdient veel aandacht. Niet enkel academici maar eveneens praktijkjuristen en diegenen die elke dag met watergebonden vervoer worden geconfronteerd, zullen baat vinden bij het gebruiken van dit werk.
Baxewanos, F., Defending Refugee Rights : International Law and Europe's Offshored Immigration Control, Wien ; Graz, NWV Neuer Wissenschaftlicher Verlag, 2015.View this title in our link resolver Plinklet
European immigration control has been increasingly offshored in recent years. Various measures, such as the introduction of stricter visa requirements, carrier sanctions, and immigration liaison officers, effectively shifted immigration control away from the European border into third states' territories. As these extraterritorial controls are usually not accompanied by appropriate legal safeguards, they raise important questions from a human rights perspective. For refugees, in particular, they make access to protection increasingly unavailable.
This book is therefore concerned with the question of how refugee rights can be upheld in situations of offshored immigration control. It answers this question from an interdisciplinary perspective, dealing with
- theoretical concepts that need to be revisited in order to strengthen international law's effectiveness in these situations, such as ‘the border' and ‘sovereignty';
- the development, forms and rationales of offshored immigration control; and
- legal instruments to ensure human rights protection in these cases, especially regarding the principle of non-refoulement.
Peers, S. (et al)(eds.), EU Immigration and Asylum Law, Text and Commentary, Volume III: EU Asylum Law, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides.
This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law.
The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands.
Y. Jansen, R. Celikates and J. de Bloois (eds.), The Irregularization of Migration in Contemporary Europe : Detention, Deportation, Drowning, London ; New York, Rowman & Littlefield International, 2015.View this title in our link resolver Plinklet
Working from an interdisciplinary perspective that draws on the social sciences, legal studies, and the humanities, this book investigates the causes and effects of the extremities experienced by migrants. Firstly, the volume analyses the development and political-cultural conditions of current practices and discourses of “bordering,” “illegality,” and “irregularization.” Secondly, it focuses on the varieties of irregularization and on the diversity of the fields, techniques and effects involved in this variegation. Thirdly, the book examines examples of resistance that migrants and migratory cultures have developed in order to deal with the predicaments they face. The book uses the European Union as its case study, exploring practices and discourses of bordering, border control, and migration regulation. But the significance of this field extends well beyond the European context as the monitoring of Europe’s borders increasingly takes place on a global scale and reflects an internationally increasing trend.
Javaloyes Sanchis, V., El régimen jurídico del Tribunal Arbitral del Deporte, Cizur Menor, Aranzadi, 2014.View this title in our link resolver PlinkletEl incremento de litigios internacionales relacionados con el deporte ha sido una de las principales preocupaciones de las entidades deportivas. En 1981 el Presidente del Comité Olímpico Internacional tuvo la idea de crear una jurisdicción especial para el deporte, nace así el Tribunal Arbitral del Deporte. Para que esta institución funcionara y el procedimiento estuviera blindado a los ataques de los tribunales estatales, era necesario un derecho arbitral sólido al lado de una judicatura que no fuera hostil al arbitraje, por eso eligió como sede Lausana. En esta investigación se plantea el objetivo de conocer si el arbitraje representa realmente el mejor medio para resolver los conflictos deportivos internacionales.
Niemetz, M. D., Reforming UN decision-making procedures : promoting a deliberative system for global peace and security, London, Routledge, Taylor & Francis Group, 2015.View this title in our link resolver Plinklet
The institutional procedures for the UN’s decision-making on issues of global peace and security, first and foremost the Security Council (SC), were conceived with the objective of enabling a swift but internationally coordinated response to irregular situations of crises. Today, however, the UN is constantly involved in situations of conflict and has expanded its range of activities.
This book offers a concrete and practically applicable answer to the question of how to reform the UN and increase the legitimacy of the UN’s decision-making procedures on issues of global peace and security. In order to provide this answer, it connects the minutia of institutional design with the abstract principals of democratic theory in a systematic and reproducible method, thereby enabling a clear normative evaluation of even the smallest technical detail of reform. This evaluation demonstrates that there is a range of feasible proposals for reform that could improve the SC’s accountability both to the General Assembly and to the general public, that could increase the opportunities for effective input from the UN membership and NGOs.
This book will be of interest to students and scholars of the United Nations, International Organizations and regional governance.
Bode, I., Individual agency and policy change at the United Nations : the people of the United Nations, London, Routledge, Taylor & Francis Group, 2015.View this title in our link resolver Plinklet
This book highlights how temporary international civil servants play a crucial role in initiating processes of legal and institutional change in the United Nations system. These individuals are the "missing" creative elements needed to fully understand the emergence and initial spread of UN ideas such as human development, sovereignty as responsibility, and multifunctional peacekeeping. The book: * Shows that that temporary UN officials are an actor category which is empirically crucial, yet usually neglected in analytical studies of the UN system. Focussing on these particular individual actors therefore allows for a better understanding of complex UN decision-making. * Demonstrates how these civil servants matter, looking at what their agency is based on.
Offering a new and distinctive model, Bode seeks to move towards a comprehensive conceptualisation of individual agency, which is currently conspicuous for its absence in many theoretical approaches that address policy change * Uses three key case studies of international civil servants (Francis Deng, Mahbub ul Haq and Marrack Goulding) to explore the possibilities of this specific group of UN individuals to act as agents of change and thereby test the prevailing notion that international bureaucrats can only act as agents of the status quo. This book will be of great interest to students and scholars of international organizations and the United Nations.
Grigorescu, A., Democratic intergovernmental organizations? : normative pressures and decision-making rules, New York, NY, Cambridge University Press, 2015.View this title in our link resolver Plinklet
This work posits that, over the past two centuries, democratic norms have spread from domestic politics to intergovernmental organizations (IGOs). Grigorescu explores how norms shaped IGO decision-making rules such as those driving state participation, voting, access to information, and the role of NGOs and transnational parliaments. The study emphasizes the role of "normative pressures" (the interaction between norm strength and the degree to which the status quo strays from norm prescriptions). Using primary and secondary sources to assess the plausibility of its arguments across two centuries and two dozen IGOs, the study focuses on developments in League of Nations, International Labor Organization, United Nations, World Bank, European Union, and World Trade Organization.
Baldinger, D., Vertical Judicial Dialogues in Asylum Cases: Standards on Judicial Scrutiny and Evidence in International and European Law, Leiden/Boston, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
Pedersen, S., The Guardians: The League of Nations and the Crisis of Empire, Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
At the end of the First World War, the Paris Peace Conference saw a battle over the future of empire. The victorious allied powers wanted to annex the Ottoman territories and German colonies they had occupied; Woodrow Wilson and a groundswell of anti-imperialist activism stood in their way. France, Belgium, Japan and the British dominions reluctantly agreed to an Anglo-American proposal to hold and administer those allied conquests under "mandate" from the new League of Nations. In the end, fourteen mandated territories were set up across the Middle East, Africa and the Pacific. Against all odds, these disparate and far-flung territories became the site and the vehicle of global transformation. In this masterful history of the mandates system, Susan Pedersen illuminates the role the League of Nations played in creating the modern world. Tracing the system from its creation in 1920 until its demise in 1939, Pedersen examines its workings from the realm of international diplomacy; the viewpoints of the League's experts and officials; and the arena of local struggles within the territories themselves. Featuring a cast of larger-than-life figures, including Lord Lugard, King Faisal, Chaim Weizmann and Ralph Bunche, the narrative sweeps across the globe-from windswept scrublands along the Orange River to famine-blighted hilltops in Rwanda to Damascus under French bombardment-but always returns to Switzerland and the sometimes vicious battles over ideas of civilization, independence, economic relations, and sovereignty in the Geneva headquarters. As Pedersen shows, although the architects and officials of the mandates system always sought to uphold imperial authority, colonial nationalists, German revisionists, African-American intellectuals and others were able to use the platform Geneva offered to challenge their claims. Amid this cacophony, imperial statesmen began exploring new means - client states, economic concessions - of securing Western hegemony. In the end, the mandate system helped to create the world in which we now live. A riveting work of global history, The Guardians enables us to look back at the League with new eyes, and in doing so, appreciate how complex, multivalent, and consequential this first great experiment in internationalism really was.
Cottier, Th., Equitable Principles of Maritime Boundary Delimitation: the Quest for Distributive Justice in International Law, Cambridge, Cambridge University Press, 2015.View this title in our link resolver Plinklet
Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.
Totani, Y., Justice in Asia and the Pacific Region, 1945-1952: Allied War Crimes Prosecutions, New York, Cambridge University Press, 2015.View this title in our link resolver Plinklet
This book explores a cross section of war crimes trials that the Allied powers held against the Japanese in the aftermath of World War II. More than 2,240 trials against some 5,700 suspected war criminals were carried out at 51 separate locations across the Asia Pacific region. This book analyzes fourteen high-profile American, Australian, British, and Philippine trials, including the two subsequent proceedings at Tokyo and the Yamashita trial. By delving into a large body of hitherto underutilized oral and documentary history of the war as contained in the trial records, Yuma Totani illuminates diverse firsthand accounts of the war that were offered by former Japanese and Allied combatants, prisoners of war, and the civilian population. Furthermore, the author makes a systematic inquiry into select trials to shed light on a highly complex – and at times contradictory – legal and jurisprudential legacy of Allied war crimes prosecutions.
Institut des Hautes Etudes Internationales (eds.), Les Sujets, Grandes Pages du Droit International, Volume 1, Paris, Editions A. Pedone, 2015.View this title in our link resolver Plinklet
Avec cette nouvelle collection consacrée aux Grandes pages du droit international, l’Institut des hautes études internationales a choisi d’entreprendre l’étude du passé de la doctrine internationaliste, pour y partir à la recherche des pages qui permettraient de comprendre mieux le présent, mieux le penser et, idéalement, mieux nommer les choses. Il s’est représenté cette doctrine comme un vaste champ, laissant à chacun de ses membres le soin d’y cueillir des fleurs éparses, selon son propre choix et ses affinités personnelles. Dans la composition de ce premier petit bouquet consacré aux sujets du droit international, on ne cherchera d’autre critère que le goût de l’Institut et celui de ses doctorants, docteurs et professeurs ayant conçu collectivement la journée d’études dont cet ouvrage est issu. Le lecteur y retrouvera, ou y découvrira, l’étonnante diversité doctrinale qui fait la richesse, et la difficulté, du droit international.
Sharp, A., Consequences of Peace: the Versailles Settlement: Aftermath and Legacy, 1919-2010, London, Haus Publishing, 2nd edition, 2015.View this title in our link resolver Plinklet
The Versailles Settlement, at the time of its creation a vital part of the Paris Peace Conference, suffers today from a poor reputation: despite its lofty aim to settle the world’s affairs at a stroke, it is widely considered to have paved the way for a second major global conflict within a generation. Woodrow Wilson’s controversial principle of self-determination amplified political complexities in the Balkans, and the war and its settlement bear significant responsibility for boundaries and related conflicts in today’s Middle East. After almost a century, the settlement still casts a long shadow. This revised and updated edition of The Consequences of the Peace sets the ramifications of the Paris Peace treaties—for good or ill—within a long-term context. Alan Sharp presents new materials in order to argue that the responsibility for Europe’s continuing interwar instability cannot be wholly attributed to the peacemakers of 1919–23. Marking the centenary of World War I and the approaching centenary of the Peace Conference itself, this book is a clear and concise guide to the global legacy of the Versailles Settlement.
McMahon, S., Immigration and Citizenship in An Enlarged European Union The Political Dynamics of Intra-EU Mobility, Basingstoke, Palgrave Macmillan, 2015.View this title in our link resolver Plinklet
Immigration has become one of the most significant and emotionally charged social and political issues of contemporary Europe. Public and political debates on immigration, however, differ greatly. This book asks how and why differences arise by examining public debates on Romanian migrants and the Roma minority in Italy and Spain. In so doing, it reveals what it means to become a citizen of an enlarging European Union facing economic crisis. McMahon's study shows how political responses to immigration and negotiation of the terms of citizenship are mediated by political positioning and claims making. It is a contextual and contested process, and often therefore tells us more about the political dynamics in the host country than about the immigrants themselves. Analysing three levels of these dynamics: the national, the local dimension in the capital cities of Rome and Madrid and the cross-border dimension of transnational political and social relations, this book provides a rich insight into the politics of citizenship and will be a valuable resource to scholars of Political Science, Sociology, Political Economy and Anthropology.
McParland, M., The Rome I Regulation on the Law applicable to Contractual Obligations, Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation.
Raptopoulou, K., EU law and Healthcare Services: Normative Approaches to Public Health Systems, Alphen aan den Rijn, Wolters Kluwer, Law & Business, 2015.View this title in our link resolver Plinklet
EU Law and Healthcare Services: Normative Approaches to Public Health Systems focuses on the EU legal mechanisms surrounding healthcare law in Europe. You will benefit from a detailed examination of the extent to which the market imperatives that have been introduced in recent decades can actually influence, remodel, alter, unify, or fragment the national provision of health care services across the EU. This book takes a giant step towards bringing the frequently invoked criteria of universality, access to good quality care, equity, and solidarity to the fore, and for this reason is sure to make its mark on healthcare law in Europe.
Cancado Trindade, A.A., The Construction of a Humanized International Law: A Collection of Individual Opinions (1991-2013), Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
This volume is the sixth in the series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume (Book 2) contains a selection of the opinions of Judge Antonio A. Cancado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering become a primary concern, is without doubt Antonio A. Cancado Trindade's major doctrinal contribution. Revisiting the traditional conceptions of compulsory jurisdiction, provisional measures, ‘locus standi’ and the international legal personality of the human person, limitations of access to justice in the light of ‘jus cogens’, amnesty laws and principles of reparation are but a few examples of the themes examined in the learned Opinions expressed by Judge Cancado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cancado Trindade at the International Court of Justice has been to draw attention to this dimension and further its development in the case-law.
Vogenauer, S. (ed.), Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC), Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
The leading commentary on the PICC and a standard reference for all involved with international commerce;
Clearly structured and easy to navigate article-by-article commentary provides quick access to all the case-law and legal literature needed to address a specific problem;
In-depth scholarly analysis is combined with guidance on practical application;
Comparative approach facilitates access for readers from different jurisdictions;
International team of contributors comprising academics and practitioners from 13 jurisdictions gives a fresh and unbiased analysis of the subject;
Includes a comparative synopsis to the provisions of international uniform law Conventions including the CISG, the Agency Convention, the Assignment Convention, and the Limitation Convention, in addition to PECL and the PICC
Milanovic, M. and M. Wood (eds.), The Law and Politics of the Kosovo Advisory Opinion, Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.
Abbott, K.W. (et. al.) (eds.), International Organizations as Orchestrators, Cambridge, Cambridge University Press, 2015.View this title in our link resolver Plinklet
International Organizations as Orchestrators reveals how IOs leverage their limited authority and resources to increase their effectiveness, power, and autonomy from states. By 'orchestrating' intermediaries – including NGOs – IOs can shape and steer global governance without engaging in hard, direct regulation. This volume is organized around a theoretical model that emphasizes voluntary collaboration and support. An outstanding group of scholars investigate the significance of orchestration across key issue areas, including trade, finance, environment and labor, and in leading organizations, including the GEF, G20, WTO, EU, Kimberley Process, UNEP and ILO. The empirical studies find that orchestration is pervasive. They broadly confirm the theoretical hypotheses while providing important new insights, especially that states often welcome IO orchestration as achieving governance without creating strong institutions. This volume changes our understanding of the relationships among IOs, nonstate actors and states in global governance, using a theoretical framework applicable to domestic governance.
Addo, K., Core Labour Standards and International Trade: Lessons from the Regional Context, Heidelberg, New York, Dordrecht, London, Springer, 2015.View this title in our link resolver Plinklet
This book examines the labour standards provisions in a number of Regional and Bilateral Trade Agreements, and assesses the potential of using the relevant clauses in these trade agreements as a benchmark for a multilateral approach. Based on the lessons learned from the Regional model, the book proposes a Global Labour and Trade Framework Agreement (GLTFA) combined with a joint ILO/WTO enforcement mechanism to resolve the contentious issue of the link between the CLS and international trade. The history of the linkage between the Core Labour Standards (CLS) and international trade dates back roughly 150 years, and has recently become one of the most vexing issues facing policy-makers. At the heart of the debate is the question whether or not trade sanctions should be imposed on countries that do not respect the CLS as embodied in multilateral conventions administered by the International Labour Organization (ILO). Concretely, this would entail inserting a social clause in the World Trade Organization (WTO) rules, and would trigger the imposition of sanctions on those countries that do not adhere to the CLS.
Annan, K., Edward Mortimer (ed.), We the Peoples: A UN for the 21st century, Boulder, Paradigm Publishers, 2014.View this title in our link resolver Plinklet
During his momentous time as Secretary-General of the UN, Kofi Annan played a decisive role in launching the Millennium Development Goals, establishing the International Criminal Court, and articulating the Responsibility to Protect as a guiding principle for international action. In 2001 - just after 9/11 - he and the UN jointly received the Nobel Peace Prize, 'for their work for a better organized and more peaceful world.' These and other crucial events - including the crises over Kosovo and East Timor, and the war in Iraq - are encapsulated in this book of Kofi Annan's key speeches from throughout his term of office. The selection gives a broad view of Annan's most pressing concerns, and the eloquence with which he addressed them. Covering subjects from development, health, and climate change to the prevention of genocide and the ideal of diversity, these statements show how deeply involved the UN was in the most important issues of the era. We the Peoples is a timely and much-needed reminder of Annan's ideas and priorities; his words on war, peace, humanity, and 'man's inhumanity to man' still resonate today. This book will offer many pointers for maintaining and developing the UN as a vital instrument for humanity in the coming decades.
Archer, C., International Organizations, London, Routledge, 2015.View this title in our link resolver Plinklet
"What is the role of international organizations in the international political system? The fourth edition of the Clive Archer widely used textbook continues to provide students with an introduction to international organizations, exploring their rise and development, and accounts for their significance in the modern international political system. International Organizations fourth edition has been fully updated to take into account the considerable developments in the field since the last edition was published in 2001. It continues to offer an unique concise yet comprehensive approach offering students an accessible and manageable introduction to this core part of international relations. An authoritative guide to the literature about international organizations, it also provides advice on further reading"
Virzo, R. and I. Ingravallo (eds.), Evolutions in the Law of International Organizations, Leiden, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
Because of their increasing prevalence and diversity, International Organizations (IOs) are one of the most striking legal phenomena in contemporary international law. Evolutions in the Law of International Organizations, is a collection of essays discussing the ever-changing nature of IOs. It covers all the many considerable practical evolutions in the law of, offers a discussion of theoretical issues and proposes solutions to many crucial problems related to these institutional developments. The book explores controversial institutional issues arising from recent developments in the complex international practice of IOs and includes contributions about the definition of IOs, the role of "soft" IOs and regional IOs, the reformation of international financial institutions, and the liability of IOs for their actions, among others.
Smolinska, A.M. (et al.) (eds.), Droit international des relations diplomatiques et consulaires, Bruxelles, Bruylant, 2015.View this title in our link resolver Plinklet
Monographie simple et complète à usage des étudiants et des professionnels pour comprendre les règles qui régissent les relations diplomatiques et consulaires.
Rothwell, D.R., Oude Elferink, A.G., Scott, K.N. and T. Stephens (eds.), The Oxford Handbook of the Law of the Sea, Oxford, Oxford University Press, 2015.View this title in our link resolver Plinklet
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing.
Tanaka, Y.,The International Law of the Sea, Cambridge, Cambridge University Press, 2015.View this title in our link resolver Plinklet
This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.
Mitsilegas, V., The Criminalisation of Migration in Europe : Challenges for Human Rights and the Rule of Law, Cham, Springer, 2015.View this title in our link resolver Plinklet
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
Khalaf, A., O. AlShehabi and A. Hanieh (eds.), Transit States: Labour, MIgration & Citizenship in the Gulf, London, Pluto Press, 2015.View this title in our link resolver Plinklet
The states of the Gulf Cooperation Council (Saudi Arabia, Kuwait, Bahrain, United Arab Emirates, Oman and Qatar) form the largest destination for labour migration in the global South. In all of these states, however, the majority of the working population is composed of temporary, migrant workers with no citizenship rights.
The cheap and transitory labour power these workers provide has created the prodigious and extraordinary development boom across the region, and neighbouring countries are almost fully dependent on the labour markets of the Gulf to employ their working populations. For these reasons, the Gulf takes a central place in contemporary debates around migration and labour in the global economy.
This book attempts to bring together and explore these issues. The relationship between ‘citizen’ and ‘non-citizen’ holds immense significance for understanding the construction of class, gender, city and state in the Gulf, however too often these questions are occluded in too scholarly or overly-popular accounts of the region. Bringing together experts on the Gulf, Transit States confronts the precarious working conditions of migrants in a accessible, yet in-depth manner.
Holzer, V., Refugees From Armed Conflict: The 1951 Refugee Convention and International Humanitarian Law, Cambridge/Antwerp/Portland, Intersentia, 2015.View this title in our link resolver Plinklet
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.
This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach.
Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant’s predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion
Martel, G., Twentieth-Century War and Conflict: A Concise Encyclopedia, Chichester, Wiley Blackwell, 2015.View this title in our link resolver Plinklet
Drawn from the award-winning 5-volume Encyclopedia of War, this valuable, one-volume reference provides readers with essential information on the conflicts and concepts that shaped global warfare in the twentieth-century and up to the present day.
- Provides essential coverage of twentieth-century warfare across the world
- Incorporates entries on all major wars, conflicts and concepts in the study of warfare during the period
- Features detailed coverage of the First and Second World Wars, along with conflicts including the Russo-Japanese War, the Greco-Turkish War, the Falklands Conflict, the Soviet Invasion of Afghanistan, the Gulf Wars, the War Against Terrorism, and the Somalian Civil War
- Covers topics including chemical warfare, ethnic cleansing, psychological warfare, and women and war
- Creates an affordable and handy personal reference for students of modern and contemporary history, professional scholars, and military history enthusiasts
- Comprises authoritative, up-to-date content - each entry ranging from 1,000 to 6,000 words - written by the best international scholars
Saul, B. and T. Stephens (eds.), Antarctica in International Law, Oxford, Hart Publishing Ltd, 2015.View this title in our link resolver Plinklet
Antarctica, one of the world's last great wilderness areas, presents special challenges for international law. Fears that Antarctica would become a front in the Cold War had catalyzed agreement on the 1959 Antarctic Treaty, which neither legitimized nor challenged the existing sovereign claims to the continent. The unique Antarctic Treaty System has provided the foundation for peaceful, harmonious, and effective governance. There are, however, new anxieties about the frozen continent and the Southern Ocean. Antarctica is already experiencing the effects of climate change and ocean acidification. Claimant States are asserting rights to the Antarctic continental shelf, while interest in Antarctic resources grows. Tourism brings new environmental and safety risks. China and other powers are increasing their activities, with some questioning the consensus of the 'Antarctic club.' Security concerns are increasingly discussed, despite Antarctica's dedication to peaceful purposes. This book brings together the main primary international materials concerning the regulation and governance of Antarctica, including multilateral and bilateral treaties, UN materials, 'soft laws,' and judicial decisions. It covers the spectrum of Antarctic issues from environmental protection to scientific cooperation to tourism. As it shows, Antarctic law has constantly adapted to meet new challenges and is a sophisticated, inclusive, dynamic, and responsive regime.
Steinhardt, E.C., The Holocaust and the Germanization of Ukraine, New York, NY, Cambridge University Press, 2015.View this title in our link resolver Plinklet
The German invasion of the Soviet Union during the Second World War was central to Nazi plans for territorial expansion and genocidal demographic revolution. To create “living space,” Nazi Germany pursued two policies. The first was the systematic murder of millions of Jews, Slavs, Roma, and other groups that the Nazis found undesirable on racial, religious, ethnic, ideological, hereditary, or behavioral grounds. It also pursued a parallel, albeit smaller, program to mobilize supposedly Germanic residents of Eastern Europe and the Soviet Union – so-called Volksdeutsche or ethnic Germans – as the vanguard of German expansion. This study recovers the intersection of these two projects in Transnistria, a portion of southern Ukraine that, because of its numerous Volksdeutsche communities, became an epicenter of both Nazi Volksdeutsche policy and the Holocaust in conquered Soviet territory, ultimately asking why local residents, whom German authorities identified as Volksdeutsche, participated in the Holocaust with apparent enthusiasm.
Steinberg, P.E., J. Tasch and H. Gerhardt, Contesting the Arctic: Politics and Imaginaries in the Circumpolar North, London; New York, I.B. Tauris, 2015.View this title in our link resolver Plinklet
As climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.
Straumann, B., Roman Law in the State of Nature: the Classical Foundations of Hugo Grotius' Natural Law, Cambridge, Cambridge University Press, 2015.View this title in our link resolver Plinklet
Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law – secular and offering a doctrine of the freedom of the high seas – were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe.
Ercanbrack, J.G., The Transformation of Islamic Law in Global Financial Markets, Cambridge, Cambridge University Press, 2015.View this title in our link resolver Plinklet
The role of global capital in relation to human social systems has assumed enormous proportions in liberalised, deregulated markets. States attempt to nationalise it, financial centres spring up in its wake, and INGOs attempt to deal with its de-territorialising, supranational characteristics. A global adjudication system (arbitration) has been introduced to safeguard and buttress its flow. The power of Islamic capital has generated numerous sites of legal contestation and negotiation, ranging from gateway financial centres, international law firms and transnational financial institutions, all of which interact in the production of Islamic financial law (IFL). The process of producing IFL illustrates complex fields of action driven by power dynamics, neoliberal paradigms and the institutional momentum of the global economy. The municipal legal systems under study in this book (the United Kingdom, Bahrain, United Arab Emirates and the Dubai International Financial Centre) illustrate globalisation's acceleration of legal, economic and social production.
Kruiniger, P.M., Islamic Divorces in Europe, Bridging the Gap between European and Islamic Legal Orders, The Hague, Eleven International Publishing, 2015.View this title in our link resolver Plinklet
This book examines the issue of the recognition of Islamic divorces in European states. Repudiation-based divorces are particularly notorious for their presumed violation of fundamental rights of women and are consequently often not recognized. The resulting limping of legal relationships affects other fundamental rights of the persons involved, such as the right to marry and the right of free movement. For this reason, the book scrutinizes classical Islamic divorce law and the contemporary divorce laws and practices of Egypt, Iran, Morocco, and Pakistan, as well as the Dutch, English, and French recognition policies and relevant EU (case) law. By introducing various soft and hard law solutions, the book provides legal practitioners with the information and tools to tackle major shortcomings in the recognition of Islamic divorces. It is therefore a must read for legal practitioners, such as registrars, notaries, and members of the judiciary, as well as academics.
Giunchi, E.G., Muslim Family Law in Western Courts, London; New York, Routledge, Taylor and Francis Group, 2014.View this title in our link resolver Plinklet
This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
Bassiouni, M.C., The Sharīʿa and Islamic Criminal Justice in Time of War and Peace, New York, Cambridge University Press, 2014.View this title in our link resolver Plinklet
This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.
Chaudhary, K., Pakistani Marriages and the Private International Laws of Germany and England: a Legal Comparison of the Private International Law Approaches of Germany and England concerning the Assessment of the Validity of Marriages celebrated in Pakistan, Oisterwijk, Wolf Legal Publishers, 2014.View this title in our link resolver Plinklet
In private international law, and more precisely in international family law, century-old core values of the receiving States meet with major values of immigrants. The public debates on the application of religious laws and traditions in Europe are often very emotional, e.g. the burka-ban in France, the minaret referendum in Switzerland or the debate in Germany on the circumcision of Muslims and Jews. However, with regard to marriage, one cannot alter the fact that one can be married abroad, and thus one would also like their foreign marriage to be recognized in the new country of domicile.
This book explores Pakistan, a country whose legal system raises many questions with respect to international family law matters, in particular in relation to marriages celebrated in Pakistan. It is known that Pakistan is a country with a huge Muslim population. However, it is not well established which laws are applicable to marriages of Muslims in Pakistan and too little is known about which laws are applicable to other religious groups.
Beaumont, P., Hess, B., Walker, L. and Spancken, S. (eds.), The Recovery of Maintenance in the EU and Worldwide, Oxford, Hart Publishing, 2014.View this title in our link resolver Plinklet
This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
Briggs, A., Private International Law in English Courts, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
This book offers a restatement of European and English Private International Law as it applies in the English courts. The author has set out to create a contemporary approach to private international law which is distinguished from the traditional approach of describing private international law through its common law foundations. The author places European Regulations, and related statutory material, at the front and centre of the book, reorganising private international law according to the principles that the law is increasingly European and decreasingly insular. As such the work constitutes an approach to the area which is essential for litigators dealing with questions of private international law influenced by forty years of European legislation. The in-depth discussion will also be valuable to academics specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanisms for the private international law rules of European law, as well as the remaining standing of the common law rules of private international law.
Borchers, P.J. (ed.), Jurisdiction and Private International Law, Cheltenham, Edward Elgar Publishers, 2014.View this title in our link resolver Plinklet
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Anderson, W., Caribbean Private International Law, London, Sweet and Maxwell, 2014.View this title in our link resolver Plinklet
-- Describes the rules regarding the regulation of cross-border activities and covers relevant aspects of transactions in both commercial and family matters
-- The only indigenous text describing the rules that apply in the 15 member states of the Caribbean community regarding the regulation of cross-border activities
-- Highlights the importance of private international law to the economic and financial development in the Caribbean
Dupuy, P.-M. and V. Chetail (eds.), The Roots of International Law: Liber amicorum Peter Haggenmacher, Leiden, Martinus Nijhoff Publishers, 2014.View this title in our link resolver Plinklet
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization.
Zhao, Y., National Space Law in China: An Overview of the Current Situation and Outlook for the Future, Leiden, Boston, Nijhoff, 2015.View this title in our link resolver Plinklet
China has made rapid developments in space technologies and space activities in the last few years, however, it still lags behind in the legal arena. In order to provide guidelines for and promote further development of space activities, China should speed up its national space legislation process. In National Space Law in China, Yun Zhao offers a comprehensive study of national space laws, regulations and policies in China. It contains rich information and materials of China’s space law and practice. As the first English monograph on national legislation on space law in China, this book shall contribute to the understanding of China’s current legal regime for space activities and future national space legislation.
Indlekofer, M., International Arbitration and the Permanent Court of Arbitration, Alphen aan den Rijn, Kluwer Law International, 2013.View this title in our link resolver Plinklet
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework.
Buszynski, L. and Roberts, C.B. (eds.), The South China Sea Maritime Dispute: Political, Legal and Regional Perspectives, London, Routledge, 2015.View this title in our link resolver Plinklet
Please check out the Library Special South China Sea Territorial Disputes
The South China Sea is a major strategic waterway for trade and oil shipments to Japan, Korea as well as southern China. It has been the focus of a maritime dispute which has continued now for over six decades, with competing claims from China, Vietnam, the Philippines, Indonesia and Brunei. Recently China has become more assertive in pressing its claims – harassing Vietnamese fishing vessels and seizing reefs in the Philippine claim zone. China has insisted that it has "indisputable sovereignty" over the area and has threatened to enforce its claim. All of this is unsettling and draws in the United States which is concerned about freedom of navigation in the area. The US has been supporting the Philippines and has been developing security ties with Vietnam as a check upon China. This book examines the conflict potential of the current dispute, it discusses how the main claimants and the United States view the issue, and assesses the prospects for a resolution of the problem.
Pincus, R. and S.H. Ali (eds.), Diplomacy on Ice: Energy and the Environment in the Arctic and Antarctic, New Haven, Yale University Press, 2015.View this title in our link resolver Plinklet
As the race for resources in distant parts of the planet gathers momentum, most discussion has centered on the potential for conflict, environmental destruction, and upheaval from climate change. This important book shifts the conversation about the Arctic and Antarctic from conflict to cooperation. A multidisciplinary roster of experts provides fresh views of the polar regions, focusing on diplomacy and the potential for cooperative international decision-making. Collectively the contributors illustrate the breadth of issues that complicate governance in the Arctic and Antarctic, as well as parallels and differences between the politics of the two poles. Rebecca Pincus is Distinguished Visiting Professor of Maritime Policy at the United States Coast Guard Academy, and affiliated with the Academy’s new Center for Arctic Study and Policy. Saleem H. Ali is director and professor at the Center for Social Responsibility in Mining, Sustainable Minerals Institute, The University of Queensland, Australia.
Charnovitz, S. The Path of World Trade Law in the 21st Century, Singapore, World Scientific Publishing, 2015.Charnovitz, 2015
The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?
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Qureshi, A.H., Interpreting WTO Agreements: Problems and Perspectives, Cambridge, Cambridge University Press, 2015.Qureshi, A.H., 2015
This book was first published in 2006. The case law of the World Trade Organization is now extensive, running into over one hundred cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi sets out here to identify some of the underlying problems of interpreting WTO agreements, within the context of different issues, problems, objectives and disciplines, and to comprehensively examine the underlying conditions for the interpretation of WTO agreements. He focuses on: the apparatus of interpretation in the WTO; the manner of interpreting institutional norms, national measures, and exceptions; the manner of facilitating the development objective; the manner of reconciling conflicting norms through interpretation; and finally the manner of interpreting the trade remedies agreements. Various perspectives on interpretation are proffered, particularly that of justice and development.
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Gutwirth, S., Reforming European Data Protection Law, Dordrecht, Springer, 2015.View this title in our link resolver Plinklet
This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies.The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
Turner Johnson, J., and E.D. Patterson (eds.), The Ashgate Research Companion to Military Ethics, Farnham, Ashgate, 2015View this title in our link resolver Plinklet
This Companion provides professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume
Caron, D.D. and Oral, N. (eds.), Navigating Straits : Challenges for International Law, Leiden, Brill, 2014.View this title in our link resolver Plinklet
The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. Internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection.
Lalonde, S. and T.L. McDorman (eds.), International Law and Politics of the Arctic Ocean, Leiden; Boston, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand is a collection of essays in honor of Professor emeritus Donat Pharand by leading Arctic experts from around the globe. The volume offers a clear, concise and detailed analysis of many of the issues an expanded use of the Arctic Ocean raises and of critical importance for the legal and political processes unfolding in the Arctic region. The book will be of value to graduate students, academics, research and teaching institutions, university libraries, government departments and international organizations interested in the Arctic region, the law of the sea, international law and politics.
García-Bolívar, O. and H. Otero (eds.), Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases, Leiden; Boston, Brill Nijhoff, 2015.View this title in our link resolver Plinklet
The editors of Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.
Cherubini, F., Asylum Law in the European Union, London; New York, Routledge, Taylor and Francis Group, 2015.View this title in our link resolver Plinklet
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
Berlingieri, F., International Maritime Conventions: Volume I: The Carriage of Goods and Passengers by Sea, Abingdon, Informa Law from Routledge, 2014.View this title in our link resolver Plinklet
For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet in force, including the topical Rotterdam Rules. Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular: - International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules) - United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) - United Nations Convention on the International Carriage of Goods wholly or Partly by Sea, 2008 (Rotterdam Rules) - Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by its Protocol of 2002 (Athens Convention). This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.
Vagts, D.F. (et al.)(eds), Transnational Business Problems, St. Paul, Foundation Press, 2014View this title in our link resolver Plinklet
The Fifth Edition Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 700 pages, this compact book is ideal for a one-semester course.
- One volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume.
- Deals with Systemic Issues First. Transnational Business Problems considers systemic issues first. Five introductory chapters discuss the structure of the international system, the different players in international business?corporations, lawyers, international institutions?and issues that reach across all kinds of transactions such as dispute resolution and tax.
- Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, development agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract.
- Sophistication. The book uses primary source materials?draft contracts, statutes, regulations, treaties, cases, and arbitral awards?that allow students, with help from the text, to work through issues in a realistic way. It goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt.
- Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, South America, Mexico, and the Middle East. Materials from other parts of the world are included in the introductory chapters.
- Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster?s International Transactions and evolved into Henry Steiner and Detlev Vagts?s Transnational Legal Problems. This book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process.
- Fully Updated. The Fifth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2014. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.
- Useful Teacher?s Manual. Transnational Business Problems has a complete teacher?s manual that provides suggestions on how to approach the material and answers to all of the questions posed in the text. The manual also contains sample syllabi.
Nellen, H., Hugo Grotius. A Lifelong Struggle for Peace in Church and State, 1583-1645, Leiden, Brill, 2014.View this title in our link resolver Plinklet
Hugo Grotius (1583-1645) is the most famous humanist scholar of the Dutch Golden Age. He wrote influential works on the laws of war and peace, Dutch history and the unification of the churches. His plea for a freedom of the seas in Mare liberum offered the Dutch East India Company a ready justification for the establishment of a trading empire in the East Indies. As far as his daily duties left him any spare time, he penned confidential, learned and beautifully-written letters. This voluminous correspondence offers a trove of information on Grotius’ life and works, and forms the basis of his newest biography which sketches a life caught in a fierce struggle for peace in Church and State.
Waszink, J.H. (ed.), Kroniek van de Nederlandse Oorlog: de Opstand 1559-1588, Nijmegen, Uitgeverij VanTilt, 2014.View this title in our link resolver Plinklet
De Kroniek en geschiedenis van de Nederlandse Oorlog is een onbekend werk van de grote geleerde en staatsman Hugo de Groot (1583-1645). Het bevat een dwarse visie op de vroegste periode van de Tachtigjarige Oorlog. Dat was in de ogen van De Groot geen eendrachtige strijd om het geloof en de oude vrijheden, maar een moeizame worsteling met niet alleen het machtige Spanje, maar ook met politiek eigenbelang, verdeeldheid en religieus fanatisme aan Nederlandse kant. Om deze complexe en controversiële visie op de Opstand te verkondigen, nam De Groot de denktrant en markante stijl van de bekende Romeinse geschiedschrijver Tacitus als voorbeeld. Zijn opdrachtgevers, de Staten van Holland, zagen ervan af om het werk te publiceren; het verscheen uiteindelijk pas een halve eeuw later. Jan Waszink tekent voor de vertaling van het eerste deel van de Kroniek (tot het begin van Maurits' regering in 1588) in hedendaags Nederlands, met behoud van de unieke stijl van De Groots politiek-literaire experiment.
Ertz, S., Vertrag und Gesetz: das Naturrecht und die Bible bei Grotius, Hobbes, Spinoza, Würzburg, Königshausen und Neumann, 2014.View this title in our link resolver Plinklet
Die Relevanz biblischer Vertragsmodelle für die politische Theologie der frühen Neuzeit wird in der Regel mit der radikalprotestantischen Opposition gegen die absolutistische Souveränitätsdoktrin, mit den Herrschaftsvertragstheorien der calvinistischen Monarchomachen und den Lehren vom Widerstandsrecht assoziiert. Für das kontinentale politische Denken wirkungsvoller aber ist nicht die theokratische, sondern die naturrechtliche Lektüre der biblischen Gesetzesverträge geworden. Diese Studie untersucht den Komplex ,Naturrecht und Bibel‘ an den beiden prominentesten Vordenkern der modernen Naturrechts- und Staatslehre, Hugo Grotius und Thomas Hobbes. Sie zeigt, dass der Rekurs auf das ,göttliche Naturrecht‘ der biblischen Offenbarung aufs genaueste mit einer radikal individualistischen Wende des Naturrrechtsdenkens, mit einer dezidierten Abkehr von der aristotelisch-scholastischen Naturrechtstradition zusammenfällt und sie im wesentlichen erst ermöglichte. Vor diesem Hintergrund lässt sich schließlich Spinozas Religionskritik in den Kontext der neuzeitlichen Naturrechtsdebatte einrücken, lässt sich die systematische Lücke zwischen Spinozas Metaphysik der Immanenz, seinem Programm einer ,Naturgeschichte‘ der Offenbarung und seiner Kritik der individualistischen Naturrechtsanthropologien schließen und damit auch Spinozas Verhältnis zur Rationalität der mosaischen Gesetzesreligion gegen seine christlichen Überschreibungen verteidigen. Die Autorin Stefanie Ertz studierte Philosophie, Neuere deutsche Literatur und Kunstgeschichte an der Humboldt- Universität zu Berlin, wo sie mit vorliegender Arbeit promovierte.
Bareiss, A., Pflichtenkollisionen im transnationalen Beweisverkehr : Offenbarungspflichten im Zivilprozessrecht der USA und Offenbarungsverbote nach deutschem und europäischem Recht, Tübingen, Mohr Siebeck, 2014.View this title in our link resolver Plinklet
Die Anzahl deutscher Unternehmen, die in den USA verklagt werden, hat in den vergangenen Jahrzehnten stetig zugenommen. Häufig befinden sich die Unternehmen in einem Dilemma: Das US-amerikanische Zivilprozessrecht verpflichtet sie, während einer pre-trial discovery Informationen zu offenbaren, die nach deutschem und europäischem Recht Offenbarungsverboten unterliegen.
Andreas Bareiß stellt die Rechtslage nach deutschem, europäischem und US-amerikanischem Recht dar. Dabei konzentriert er sich auf Offenbarungspflichten, die sich aus den US Federal Rules of Civil Procedure ergeben und Offenbarungsverbote, die aus dem allgemeinen Datenschutz, dem Fernmeldegeheimnis und dem Bankgeheimnis resultieren. Er untersucht Abwehrstrategien und Schutzmaßnahmen, die betroffene Unternehmen in Deutschland und den USA ergreifen können. Schließlich erarbeitet der Autor einen eigenen Ansatz zur grundlegenden Lösung des rechtlichen Dilemmas.
Mehring, S., First Do No Harm: Medical Ethics in International Humanitarian Law, Leiden, Brill Nijhoff, 2014View this title in our link resolver Plinklet
Although working on the sidelines of armed conflicts, physicians are often at the centre of attention. First Do No harm: Medical Ethics in International Humanitarian Law was born from the occasionally controversial role of physicians in recent armed conflicts and the legal and ethical rules that frame their actions. While international humanitarian, human rights and criminal law provide a framework of rights and obligations that bind physicians in armed conflicts, the reference to ‘medical ethics’ in the laws of armed conflict adds an extra-legal layer. In analysing both the legal and the ethical framework for physicians in armed conflict, the book is invaluable to practitioners and legal scholars alike.
Johnstone, R.L., Offshore Oil and Gas Development in the Arctic under International Law: Risk and Responsibility, Leiden; Boston, Brill, 2015.View this title in our link resolver Plinklet
Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.
Kolb, R. (ed.), Commentaire sur le Pacte de la Société des Nations, Bruxelles, Bruylant, 2015.View this title in our link resolver Plinklet
Premier commentaire systématique complet d’un des traités les plus importants du XXe siècle en droit international, prédécesseur direct de la Charte des NU. Le lien avec la Charte est mis en exergue dans chaque article.Ce Commentaire du Pacte de la Société des Nations a un double but. En premier lieu, d’assurer l’information la plus complète et la plus à jour possible sur l’ensemble de l’expérience de la SDN, notamment dans ses aspects juridiques. Le Pacte est le texte fondateur du phénomène de l’organisation internationale au XXe siècle. C’est à ce titre qu’aucune recherche et qu’aucune prise de position approfondies en la matière ne peuvent s’abstraire de ce point de départ de 1919. En second lieu, la Charte des Nations Unies, texte fondamental de l’organisation politique mondiale actuelle, s’oriente au Pacte de la SDN, tant quand elle en prolonge les linéaments que quand elle cherche au contraire une rupture. Comprendre la Charte, dans son texte de 1945, largement inaltéré à ce jour, suppose dès lors toujours de connaître le Pacte. Cet ouvrage se destine ainsi à être à la fois un instrument d’information et une invitation à l’exploration des voies du passé dans ce qu’elles ont de fécond pour la compréhension de l’avenir. Pour arriver à ces buts, le présent Commentaire se compose de contributions expliquant les diverses dispositions du Pacte, mais aussi de contributions transversales, s’attachant à tel ou tel aspect de portée plus générale, important dans la vie de la SDN comme dans celle des Nations Unies.
Pieth, M. (ed.), Reforming FIFA, Zürich/St. Gallen, Dike Verlag, 2014.View this title in our link resolver Plinklet
Die FIFA, wie andere Sportdachverbände auch, wurde der Intransparenz und Korruption beschuldigt. Sie hat sich jedoch jüngst entschieden, Reformen einzuleiten. Eine Gruppe erfahrener unabhängiger Governance-Experten und Stakeholder wurde damit beauftragt, den Reformprozess zu beaufsichtigen. Dieser Gruppe, dem Independent Governance Committee (IGC), ist es vor allem gelungen, unabhängige Kommissionsvorsitzende, Ermittler und Richter einzusetzen. Der Reformprozess ist jedoch nicht abgeschlossen. Einige ehemalige IGC-Mitglieder vermitteln in diesem Buch faszinierende Einblicke in die Arbeitsweise der FIFA, des unbekannten Giganten der Fußballwelt.
Barthélemy, J. (eds.) (et al.), Les fondateurs du droit international, Paris, Éditions Panthéon-Assas, 2014.View this title in our link resolver Plinklet
Publié en 1904 par un collectif de jeunes universitaires, parmi lesquels Jules Basdevant et George Scelle, l'ouvrage Les fondateurs du droit international consacre à dix grands auteurs du passé qui ont contribué à construire la doctrine du droit international des études qui ont gardé, aujourd'hui encore et malgré les progrès de l'histoire du droit international, tout leur intérêt scientifi que. Comme l'écrit le professeur Denis Alland dans une préface d'une grande fi nesse historique et doctrinale, « il n'y a toujours pas beaucoup d'ouvrages qui puissent être comparés aux Fondateurs, ne fût-ce que par l'étendue du champ que l'ouvrage embrasse, par le temps qu'il fait gagner à ceux qui, tout en ne se destinant pas à devenir des historiens érudits du droit international public, souhaitent bénéfi cier de quelques lumières sur des doctrines passées qui ont, à un titre ou à un autre, contribué à l'émergence de cette discipline.
Forlati, S, International Court of Justice: An Arbitral Tribunal or a Judicial Body?, Heidelberg, Springer, 2014.View this title in our link resolver Plinklet
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties' consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
Jayakumar, S., T. Koh and R. Beckman (eds.), The South China Sea Disputes and Law of the Sea, Cheltenham, Edward Elgar, 2014.View this title in our link resolver Plinklet
Please check out the Library Special South China Sea Territorial Disputes
Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals.
This important book provides neutral and objective analysis of law of the sea issues of relevance to the South China Sea and will therefore prove a valuable resource to Government officials and policy-makers from the ASEAN countries, Australia, China, Japan, Korea and the United States. It will also be of special interest to political analysts with an ongoing interest in the legal issues pertaining to the South China Sea region in light of concerns regarding conflict, challenges to freedom of navigation and access to resources.
Paoli, L., The Oxford Handbook of Organized Crime, Oxford, Oxford University Press, 2014View this title in our link resolver Plinklet
While the success of national and international law enforcement cooperation to suppress organized crime means that stable, large-scale criminal organizations like the Cosa Nostra or the Japanese Yakuza have seen their power reduced, organized crime remains a concern for many governments. Economic globalization and the easing of restrictions on exchanges across borders now provide ample opportunity for money-making activities in illegal markets. Policies designed to stop illegal market flows often shift these activities to new places or create new problems, as the U.S.- led war on drugs spread production and trafficking to a number South and Central American countries. The Oxford Handbook of Organized Crime provides informed, authoritative, and comprehensive overviews of these issues and other principal forms of organized crime, as well as the type and effectiveness of efforts to prevent and control them.
Cryer, R., An Introduction to International Criminal Law and Procedure (3rd ed.), Cambridge, Cambridge University Press, 2014View this title in our link resolver Plinklet
This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources.
Carruthers, B. (ed.), The SS on Trial: Evidence from Nuremberg, Barnsley, Pen & Sword Military, 2014.View this title in our link resolver Plinklet
The Nuremberg Trials were held by the four victorious Allied forces of Great Britain, the USA, France and the USSR in the Palace of Justice, Nuremberg from November 1945 to October 1946. Famous for prosecuting the major German war criminals, they also tried the various groups and organisations that were at the heart of Nazi Germany. This volume is concerned with the trial of the SS and includes all the testimony from the Nuremberg Trials regarding this enormous organisation, including the original indictment, the criminal case put forward for the SS, the closing speeches by the prosecution and defence and the final judgment.
Elliott, J., The Role of Consent in Human Trafficking, London/New York, Routledge, Taylor and Francis Group, 2015.View this title in our link resolver Plinklet
Human trafficking is consistently featured on the global political agenda. This book examines the trafficking of adult female victims for sexual exploitation, and specifically the understanding of consent and its influence in the identification and treatment of trafficking victims.
Jessica Elliott argues that when applied to situations of human trafficking, migration and sexual exploitation, the notion of consent presents problems which current international laws are unable to address. Establishing the presence of 'coercion' and a lack of consent can be highly problematic, particularly in situations of human trafficking and exploitative prostitution; activities which may be deemed inherently coercive and problematically clandestine.
By examining legal definitions of human trafficking in international instruments and their domestic implementation in different countries, the book explores victimhood in the context of exploitative migration, and argues that no clear line can be drawn between those who have been smuggled, trafficked, or 'consensually trafficked' into a situation of exploitation. The book will be great use and interest to students and researchers of migration law, transnational criminal law, and gender studies.
Schonewille, M. and F. Schonewille (eds.), The Variegated Landscape of Mediation: A Comparative Study of Mediation Regulation and Practices in Europe and the World, The Hague, Eleven International Publishing, 2014.View this title in our link resolver Plinklet
A comprehensive overview of global mediation regulatory frameworks for commercial and civil cases. And a practical overview of the development of mediation and worldwide mediation practices in 60 jurisdictions, with a special emphasis on the European Union. This book allows for a direct comparison, based on standardised benchmarks for each country. Helpful for those mediating across borders, academics and those involved in legislative efforts. Authors who are each knowledgeable professionals in their jurisdictions, give a comprehensive and fascinating overview of the mediation development in their country in the individual state chapters. Combined, these chapters show the captivating breadth and variety of scope of mediation regulations and practices around the world. We hope that this will become a standard reference book for practitioners and academics alike. It can support comparative academic studies, and provide guidelines to professionals mediating across borders. As well as to legal counselors who are supporting clients in international cases.
Borg Jansson, D., Modern Slavery : A Comparative Study of the Definition of Trafficking in Persons, Leiden ; Boston : Brill Nijhoff, 2015.View this title in our link resolver Plinklet
In Modern Slavery – A Comparative Study of the Definition of Trafficking in Persons Dominika Borg Jansson discusses why, despite international anti-trafficking efforts, there are so few trafficking convictions worldwide. In an easily accessible language, the author explains why international legal harmonization in this area has been difficult. Making use of the concept of legal transplants, Dominika Borg Jansson compares experiences from Sweden, Poland and Russia offering insights into especially Russian legislation that are not widely available. The problems concerning the implementation of the international definition of trafficking are here divided into country-specific challenges and obstacles attributable to the original source. Jansson also addresses the effectiveness of criminalization of trafficking and offers suggestions on how future trafficking legislation might be framed.
Abbenhuis, M., An Age of Neutrals: Great Power Politics, 1815-1914, Cambridge, Cambridge University Press, 2014.View this title in our link resolver Plinklet
An Age of Neutrals provides a pioneering history of neutrality in Europe and the wider world between the Congress of Vienna and the outbreak of the First World War. The 'long' nineteenth century (1815–1914) was an era of unprecedented industrialization, imperialism and globalization; one which witnessed Europe's economic and political hegemony across the world. Dr Maartje Abbenhuis explores the ways in which neutrality reinforced these interconnected developments. She argues that a passive conception of neutrality has thus far prevented historians from understanding the high regard with which neutrality, as a tool of diplomacy and statecraft and as a popular ideal with numerous applications, was held. This compelling new history exposes neutrality as a vibrant and essential part of the nineteenth-century international system; a powerful instrument used by great and small powers to solve disputes, stabilize international relations and promote a variety of interests within and outside the continent.
Dinstein, Y., Non-International Armed Conflicts in International Law, Cambridge, Cambridge University Press, 2014View this title in our link resolver Plinklet
This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.
Boister, N. and Currie, R. J. (eds.), Routledge Handbook of Transnational Criminal Law, London, Routledge, 2014View this title in our link resolver Plinklet
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime; Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition; Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime; The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law.
Borchers, P.J., Jurisdiction and Private International Law, Cheltenham / Northampton, Edward Elgar, 2014View this title in our link resolver Plinklet
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Vorburger, S., International Arbitration and Cross-Border Insolvency: Comparative Perspectives, Alphen aan den Rijn, Wolters Kluwer, 2014.View this title in our link resolver Plinklet
This book provides an in-depth analysis of applicable rules and policies under the current legal framework and case law of national courts and arbitral tribunals, emphasizing developments in five countries where high levels of international arbitration occur: England, the United States, France, Germany and Switzerland. Among the complex issues that arise when an insolvency disrupts an arbitration, the author examines the following: recognition of insolvencies by arbitral tribunals; determination of the law applicable to the effects of an insolvency on arbitration; effects of an insolvency on validity and scope of an arbitration agreement; effects of an insolvency on capacity of the parties to an international arbitration; suspension of arbitral proceedings due to an insolvency; and effects of an insolvency on the recognition and enforcement of arbitral awards. In addition to providing a comparative legal analysis of issues that arise in connection with the collision of international arbitration and cross-border insolvency, the author sets out proposals to clarify policy and procedure. Dealing with cross-border insolvency law issues in international arbitration presents an enormous challenge for arbitration practitioners, arbitral tribunals and national courts. This book will serve as a source of inspiration as well as a reference and provide a clearly marked path to an effective synthesis in this complex field.
Huang, J., Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons For China From US and EU Law, Oxford/Portland, Hart Publishing, 2014.View this title in our link resolver Plinklet
Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU.
Nuyts, A. and N.E. Hatzimihail (eds.), Cross-border Class Actions : The European Way, Munich, Sellier European Law Publisher, 2014View this title in our link resolver Plinklet
Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Tang, Z.S., Jurisdiction and Arbitration Agreements in International Commercial Law, London; New York, Routledge, Taylor and Francis Group, 2014.View this title in our link resolver Plinklet
Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners.
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.
Sievers, L., and S. Daws, The Procedure of the UN Security Council, 4th ed., Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for nearly 40 years. This comprehensively revised edition contains over 450 pages of new material documenting the extensive and rapid innovations in the Council's procedures of the past two decades. A one-stop handbook and guide, with meticulous referencing, this book has served diplomats, UN staff and scholars alike in providing unique insight into the inside workings of the world's preeminent body for the maintenance of international peace and security. Thoroughly grounded in the history and politics of the Council, it brings to life the ways the Council has responded through its working methods to a changing world. The book explains the Council's role in its wider UN Charter context and examines its relations with other UN organs and with its own subsidiary bodies. This includes the remarkable expansion in UN peacekeeping, peacebuilding and political missions, sanctions and counter-terrorism bodies, and international legal tribunals. It contains detailed analysis of voting and decision-taking by the Council, as well as the place, format, and conduct of meetings. It also seeks to illuminate the personalities behind the Council's work - ranging from the diplomats who sit on the Council itself to the UN Secretary-General, and those outside the Council affected by its decisions. It concludes with reflections on the improvements that have made to the Council's procedures over many decades, and the scope for further reform.
Mahinga, J.-G., La pêche maritime et le droit international, Paris, L'Harmattan, 2014.View this title in our link resolver Plinklet
Le développement des technologies a conduit à l'accroissement des activités de pêche maritime ainsi qu'à l'essor de l'intérêt économique de la mer. Le droit international a donc été amené à poser les règles d'organisation de la pêche autour des compétences reconnues aux Etats dans des espaces maritimes clairement déterminés ainsi qu'en matière de captures des espèces. Il a également prévu les modalités de règlement des différends qui surviendraient dans l'application de ces règles.
Rogers, C.A., Ethics in International Arbitration, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Sarè, S., The League of Nations and the Debate on Disarmament (1918-1919), Roma, Edizioni Nuova cultura, 2013.View this title in our link resolver Plinklet
This essay regards the early stages of the debate on Disarmament at the end of World War I, when the international community intended to limit countries’ armaments (and expenses) according to a widespread sentiment in public opinion, after a huge moral and physical devastation. In 1918 some draft projects of the League of Nations Covenant were elaborated by the Great Powers and the original texts demonstrate the initial absence of the matter, but as the brainstorming continued, the articles regarding the way to disarm appeared even more pregnant. The question at stake concerned the reduction of armaments to the lowest point consistent with national defence and the fulfilment of international obligations, the abolition of the mandatory conscription, the prohibition to earn private profits from the manufacture of arms, the control of arms trafficking, and the ‘full and frank’ publicity of military programs. In 1919, during the Paris Peace Conference, motivated men worked to create an organization (forerunner of the United Nations) with the aim of avoiding future wars. In the final version of the Covenant some articles to realize Disarmament were present and a specific ‘Commission’ to carry on the related duties was established: the correspondence between the protagonists shows the difficulties in approaching the issue.
Vreeland, J.R., and A. Dreher, The Political Economy of the United Nations Security Council: Money and Influence, New York, NY, Cambridge University Press, 2014.View this title in our link resolver Plinklet
Trades of money for political influence persist at every level of government. Not surprisingly, governments themselves trade money for political support on the international stage. Strange, however, is the tale of this book. For, in this study, legitimacy stands as the central political commodity at stake. The book investigates the ways governments trade money for favors at the United Nations Security Council - the body endowed with the international legal authority to legitimize the use of armed force to maintain or restore peace. With a wealth of quantitative data, the book shows that powerful countries, such as the United States, Japan, and Germany, extend financial favors to the elected members of the Security Council through direct foreign aid and through international organizations, such as the International Monetary Fund and the World Bank. In return, developing countries serving on the Security Council must deliver their political support ...or face the consequences
Gaurier, Histoire du droit international: de l'Antiquité à la création de l'UNO, Rennes, Presses universitaires de Rennes, 2014.View this title in our link resolver Plinklet
Avec cet ouvrage, Dominique Gaurier propose une vue générale qui s’étend de l’Antiquité au milieu du XXe siècle, avec la création de l’ONU. Il entend proposer ainsi un panorama général d’une histoire du droit international, en construisant son propos autour de thèmes qui en permettent une présentation claire. Cet ouvrage est la réédition revue et augmentée d’une deuxième partie du manuel paru aux PUR en 2005. Avec un avant-propos d’Emmanuelle Tourme-Jouannet. Avec le soutien de l’université de Nantes.
Rains, R.E. (ed.), The 1980 Hague Abduction Convention: Comparative Aspects, London: Wildy, Simmonds and Hill Publishing, 2014.View this title in our link resolver Plinklet
Leading authorities explore the successes and shortcomings of the 1980 Hague Convention on the Civil Aspects of International Child Abduction in the thirty years that have elapsed since that Convention entered into force. Special attention is given to national legislation implementing the Convention and to judicial practice applying Convention and legislative provisions. The Convention continues to attract ratifications, and lawyers from many countries will find the thoughtful articles contained in this volume helpful in understanding comparative approaches to this increasingly important domain of international legal cooperation.
W. Krutzsch, E. Myjer and R. Trapp (eds.), The Chemical Weapons Convention: A Commentary, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
This book provides an article-by-article commentary on the text of the Chemical Weapons Convention (CWC) and its Annexes, one of the cornerstone disarmament and arms control agreements. It requires the verified elimination of an entire category of weapons of mass destruction and their means of production by all its States Parties within established time lines, and that prohibits any activities to develop or otherwise acquire such weapons. Cross-cutting chapters alongside the detailed commentary, by those intimately involved in the development of the Convention, assess the history of the efforts to prohibit chemical weapons, the adoption of the Convention and the work of the Preparatory Commission, the entry into force of the Convention to the Second Review Conference, and the need for a new approach for the governance of chemical weapons. Written by those involved in its creation and implementation, this book critically reviews the practices adopted in implementing the Convention, as well as the challenges ahead, and provides legal commentary on, and guidance for, its future role. It assesses how to adapt its implementation to advances in science and technology, including the discovery of new chemicals and the development of biochemical 'non-lethal' compounds that influence behaviour. It addresses the legal framework within which the Organization for the Prohibition of Chemical Weapons (OPCW) takes decisions, both with regard to the OPCW's own regulatory framework and regarding wider international norms, accepted principles, and practices. The Commentary draws conclusions on how the prohibitions against chemical weapons can be strengthened and the stature of the OPCW protected. It highlights the involvement of industry and academia in this prohibition, creating a symbiosis between effective governance and the legal framework of the Convention. This book is an authoritative, scholarly work for anyone interested in the Chemical Weapons Convention, in international disarmament and arms control law, and in the work of international organizations, and a practical guide for individuals and institutions involved in the Convention's day-to-day implementation.
DiMatteo, L.A., International Sales Law: A Global Challenge, New York, Cambridge University Press, 2014.View this title in our link resolver Plinklet
This title provides an introduction to international sales law. It provides a comprehensive review and analysis of the jurisprudence surrounding the United Nations Convention on Contracts for the International Sale of Goods (CISG). As of 1st January 2004, 62 countries have adopted the CISG as their countries' international sales law. Since the introduction of the CISG, a critical mass of interpretive jurisprudence has developed, and, given its importance now as the world's preeminent sales law, the authors believed that a fresh analysis of the evolving case and arbitral law was now needed. The analysis in the book is undertaken at two levels - the practical interpretation of the CISG and the theoretical limits of interpretation of supranational conventions.
Cordero-Moss, G., International Commercial Contracts: Applicable Sources And Enforceability, Cambridge, Cambridge University Press, 2014.View this title in our link resolver Plinklet
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Hull, I.V., A Scrap of Paper: Breaking and Making International Law during the Great War, Ithaca; London, Cornell University Press, 2014.View this title in our link resolver Plinklet
A century after the outbreak of the Great War, we have forgotten the central role that international law and the dramatically different interpretations of it played in the conflict’s origins and conduct. In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. Throughout, she emphasizes the profound tension between international law and military necessity in time of war, and demonstrates how differences in state structures and legal traditions shaped the way in which each of the three belligerents fought the war. Hull focuses on seven cases in which each government’s response was shaped by its understanding of and respect for the law: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry (including poison gas and the zeppelin), and reprisals. Drawing on voluminous research in German, British, and French archives, the author reconstructs the debates over military decision making and clarifies the role played by law—where it constrained action, where it was manipulated to serve military need, where it was simply ignored, and how it developed in the crucible of combat. She concludes that Germany did not speak the same legal language as the two liberal democracies, with disastrous and far-reaching consequences. The first book on international law and the Great War published since 1920, A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Gaja, G. and J. Grote Stoutenburg (eds.) Enhancing the Rule of Law through the International Court of Justice, Leiden, Boston, Brill Nijhoff, 2014.View this title in our link resolver Plinklet
What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices".
Llamzon, A.P., Corruption in International Investment Arbitration, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
Barrat, C., Status of NGOs in International Humanitarian Law, Leiden, Brill Nijhoff, 2014.View this title in our link resolver Plinklet
In Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict. The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges. On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict
Giorgetti, Ch. (ed.), Litigation International Investment Disputes : a Practitioner's Guide, Leiden, Boston, Brill Nijhoff, 2014.View this title in our link resolver Plinklet
Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners.
The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.
Popovski, V., and T. Fraser (eds.), The Security Council as Global Legislator, London, Routledge, 2014.View this title in our link resolver Plinklet
Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council - in the current composition and working methods - is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy - as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council's mandate for the maintenance of international peace and security with a preventative and norm-setting capacity. The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers.
Battersby, P., The Unlawful Society: Global Crime and Security in a Complex World, Basingstoke, Palgrave Macmillan, 2014View this title in our link resolver Plinklet
Crime today is synonymous with security but our preoccupation with exposing the hidden mechanisms of the global underworld engenders an incomplete understanding of a vexed and complex field of inquiry, policy and practice. International and global relations are being refashioned and re-coded in ways that demand a fresh and expansive interpretation that acknowledges the scope and complexity of networked human interactions. Using the innovative concept of unlawfulness, this book examines the crimes and misdemeanours of the global overworld to form a unique analysis of global order in the twenty-first century. Battersby argues that unlawfulness - the intentional transgression of criminal law - is an active but under-researched principle in international affairs, and maps out the scope of tolerated unlawfulness among and within states and non-state actors including private companies and not-for-profit 'civil society' organizations. Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of international and transnational crime, this book will be a valuable resource to scholars of International Politics, Global Governance, International Law, Security, Criminal Justice and Policing.
Ginsburg, T., P.G. Monateri and F. Parisi (eds.), Classics in Comparative Law, Volume I: Methodology, Cheltenham, Edwar Elgar Publishing, 2014.View this title in our link resolver Plinklet
Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This four-volume set includes an original introduction by the editors, who trace the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.
Bonnitcha, J., Substantive Protection under Investment Treaties : a Legal and Economic Analysis, Cambridge, Cambridge University Press, 2014.View this title in our link resolver Plinklet
Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.
Striner, R., Woodrow Wilson and World War I: A Burden too Great to Bear, Lanham, Rowman and Littlefield, 2014.View this title in our link resolver Plinklet
Woodrow Wilson is often considered one of the greatest presidents in American history because, in the first two years of his presidency, he succeeded on many fronts. However, acclaimed author and historian Richard Striner now makes the case that a presidency that is too often idealized was full of missteps and failures that profoundly affected America’s politics and people long after it ended. While other negative assessments of Wilson’s leadership have been one-sided, Striner’s critique—though undoubtedly scathing—is judicious, nuanced, and fair. With detailed description and accessible prose, Striner sheds light on how—as soon as America entered World War I—flaws of Wilson’s were exposed as the pressure on his administration mounted. This book is a story of presidential failure, a chronicle of Woodrow Wilson’s miscalculations in war, and a harrowing account of the process through which an intelligent American leader fell to pieces under a burden he could not bear.
Weinlich, S., The UN Secretariat's Influence on the Evolution of Peacekeeping, Basingstoke, Palgrave Macmillan, 2014.View this title in our link resolver Plinklet
Do international bureaucracies have a meaningful influence on world politics? Using the UN Secretariat and the evolution of UN peacekeeping as an example, this book shows that even international bureaucracies with limited autonomy can shape international politics. Peace operations are the UN's flagship activity. Over the past decades, UN Blue Helmets have been sent all over the globe and have been performing an expanding set of intrusive tasks, while being supported by increasingly professional institutional structures. Silke Weinlich covers these operational, conceptual and institutional dimensions and focuses on three specific decisions that have been crucial to the evolution of UN peacekeeping: the establishment of the UN transitional administration in East Timor, the development of a peacekeeping doctrine, and the establishment of the Standing Police Capacity. With its integrative framework of analysis, this book makes a valuable contribution to the debate on the agency of international organisations.
Symeonides, S.C., Codifying Choice of Law around the World: An International Comparative Analysis, New York, Oxford University Press, 2014.View this title in our link resolver Plinklet
This book chronicles, documents, and celebrates an extraordinary development in the history of Private International Law (PIL) or Conflict of Laws---a massive codification movement around the globe in the last 50 years (1962–2012). During this period, we have witnessed the adoption of more PIL codifications, Regulations, international conventions, protocols, and similar instruments (nearly 200) than in all previous years since the inception of PIL. The book provides a horizontal comparison and discussion of these codifications and conventions. After comparing the way they resolve tort and contract conflicts, the discussion compares the answers of these codifications to some of the fundamental philosophical and methodological dilemmas of PIL. In the process, the book re-examines certain widely held assumptions about choice of law and the art and science of codification in general.
Genser, J. and B. Stagno Ugarte (eds.), The United Nations Security Council in the Age of Human Rights, New York, NY, Cambridge University Press, 2014.View this title in our link resolver Plinklet
This is the first comprehensive look at the human rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. Known popularly for its failure to prevent mass atrocities in Rwanda, the former Yugoslavia, and Syria, the breadth and depth of the Security Council's work on human rights in recent decades is much broader. This book examines questions including: how is the Security Council dealing with human rights concerns? What does it see as the place of human rights in conflict prevention, peacemaking and peacekeeping? And how does it address the quest for justice in the face of gross violations of human rights? Written by leading practitioners, scholars and experts, this book provides a broad perspective that describes, explains and evaluates the contribution of the Security Council to the promotion of human rights and how it might more effectively achieve its goals.
Hernández, G.I., The International Court of Justice and the Judicial Function, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.
Gaaff, A., Financiering van de Eerste Wereldoorlog: vier jaar vechten op krediet, Soesterberg, Uitgeverij Aspekt, 2014.View this title in our link resolver Plinklet
De Eerste Wereldoorlog zou vóór Kerst 1914 afgelopen zijn. De verslagen vijand zou de rekening betalen. Het liep allemaal anders en gaandeweg drong de akelige waarheid door: deze oorlog kost niet alleen miljoenen mensenlevens, maar ook miljarden marken, francs, ponden, dollars. Terwijl er vanuit de loopgraven gevochten werd om een paar honderd meter terreinwinst, zetten achter het front de ministers van Financiën en de centralebankiers alle creativiteit in om het geld bijeen te brengen. Elk land deed dat in zijn eigen traditie, met een mix van belasting, leningen en simpelweg geld bijdrukken. Zij schiepen hiermee een financieel slagveld dat zijn weerga niet gekend heeft. Nog tientallen jaren na de oorlog was de afwikkeling ervan een slepende kwestie, die in complexiteit niet onderdeed voor de huidige financiële crisis. Pas in 2010 werden de laatste Duitse schulden afgelost; de Britse staat betaalt nog steeds. Dit boek verschilt van de gebruikelijke werken over de Eerste Wereldoorlog. Het beschrijft de volstrekt ontoereikende financiële oorlogsplannen, de wonderbaarlijke geldcreatie tijdens de oorlog en de verlammende nasleep. De hoofdrolspelers in dit verhaal zijn geen militairen in uniform maar burgerheren in maatkostuums. Een belangrijk stuk geschut was de bankbiljettenpers.
Neff, S.C., Justice among Nations: A History of International Law, Cambridge, Harvard University Press, 2014.View this title in our link resolver Plinklet
Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practices from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of later international law was laid by the Romans, in the form of natural law—a universal law that was superior to early laws and governments. As medieval European states came into contact with non-Christian peoples, from East Asia to the New World, practical solutions had to be devised to the many legal quandaries that arose. In the wake of these experiences, international legal doctrine began to assume its modern form in the seventeenth and eighteenth centuries. New challenges in the nineteenth century encompassed the advance of nationalism, the rise of free trade and European imperialism, the formation of international organizations, and the arbitration of disputes. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the formation of the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Daly, B.W. (et al.), A Guide to the PCA Arbitration Rules, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.
Douglas, Z., J. Pauwelyn and J.E. Viñuales (eds.), Foundations of International Investment Law: Bringing Theory into Practice, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law.
Dent, D.W. and L.C. Wilson, Historical Dictionary of Inter-American Organizations, Lanham; Toronto; Plymouth, UK, Scarecrow Press, 2014.View this title in our link resolver Plinklet
This updated second edition of Historical Dictionary of Inter-American Organizations covers the history of through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 400 hundred cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent access point for students, researchers, and anyone wanting to know more about Inter-American Organizations.
Salles, L.E., Forum Shopping in International Adjudication, Cambridge, Cambridge University Press, 2014.View this title in our link resolver Plinklet
Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
Koutrakos, P. and A. Skordas (eds.), The Law and Practice at Sea: European and International Perspectives, Oxford, Portland, Oregon, Hart Publishing, 2014.View this title in our link resolver Plinklet
This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism.
Laing, J. A. , and R. Wilcox, The Natural Law Reader, Chichester, Wiley Blackwell, 2014.View this title in our link resolver Plinklet
The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights
Heilmann, S. and D.H. Schmidt, China's Foreign Political and Economic Relations: An Unconventional Global Power, Lanham, Rowman & Littlefield, 2014.View this title in our link resolver Plinklet
This balanced and thoughtful book presents a thorough analysis of the dynamics of China s foreign relations. Sebastian Heilmann and Dirk H. Schmidt provide a comprehensive and discriminating view of the complex, often competing factors (domestic influences, regional tensions, global uncertainties) that shape Chinese foreign policy. They portray the PRC as a land of multiple identities-a nation that is becoming more assertive in East Asia as it explores novel approaches to its foreign economic policies, while simultaneously displaying thin-skinned sensitivities when confronted with international criticism. The authors argue that unconventional approaches to foreign relations-in particular a unique combination of long-term strategies with multilevel policy experiments-are driving Chinese global expansion. The provocative and challenging final chapter, designed to spur discussion, considers China s imperial identity warring against the decentralized activities conducted in the shadow of the empire. Illicit transnational guerilla-like networks have thus become powerful driving forces behind the continued development of China s foreign policy as well as its foreign-trade relations. The authors contend that the activities of these niche nomads, with their largely invisible or chameleon-like presence, constitute the most alarming dimension of China s foreign relations as they gain ground and resources in many parts of the world with the potential to shake the very foundations of other societies.
Murithi, T., Handbook of Africa's International Relations, New York, Routledge, 2014.View this title in our link resolver Plinklet
Africa’s international relations have often been defined and oriented by the dominant international and geopolitical agendas of the day. In the aftermath of colonialism the Cold War became a dominant paradigm that defined the nature of the continent’s relationship with the rest of the world. The contemporary forces of globalization are now exerting an undue influence and impact upon Africa’s international relations. Increasingly, the African continent is emerging as a vocal, and in some respects an influential, actor in international relations. There is a lack of analysis and research on this emerging trend. This timely book fills this analytical gap by engaging with a wide range of issues, with chapters written by experts on a variety of themes.
The emerging political prominence of the African continent on the world stage is predicated on an evolving internal process of continental integration. In particular, there are normative and policy efforts to revive the spirit of Pan-Africanism: the 21st century is witnessing the evolution of Pan-Africanism, notably through the constitution and establishment of the African Union (AU). Given the dearth of analysis on this phenomemon, this volume also examines the notion of Pan-Africanism through various lenses – notably peace and security, development, the environment and trade.
The volume will also engage with the emerging role of the AU as an international actor, e.g. with regard to its role in the reform of the United Nations Security Council, climate change, the International Criminal Court (ICC), the treaty establishing Africa as a nuclear-free zone, Internally Displaced Persons, the Millennium Development Goals (MDGs), international trade, the environment, public health issues, security, and development issues. This book will assess how the AU’s role as an international actor is complicated by the difficulty of promoting consensus among African states and then maintaining that consensus in the face of often divergent national interests. This book will in part assess the role of the AU in articulating collective and joint policies and in making interventions in international decision and policy-making circles.
The Handbook will also assess the role of African social movements and their relationship with global actors. The role of African citizens in improving their own conditions is often underplayed in the international relations discourse, and this volume will seek to redress this oversight. Throughout the book the various chapters will also assess the role that these citizen linkages have contributed towards continental integration and in confronting the challenges of globalization.
Barrière-Brousse, I. and M. Douchy-Oudot (eds.), Les Contentieux Familiaux : Droit Interne, International et Européen, Paris, Lextenso, 2013.View this title in our link resolver Plinklet
Les impératifs économiques, sociaux, culturels conduisent à une plus grande mobilité des personnes dans l’espace et avec elle se multiplient les situations familiales comportant un élément d’extranéité menant dans l’application de la règle à une superposition des ordres juridiques. Les familles constituées sont soumises, elles aussi, au changement, avec la question centrale de l’enfant. Couples, filiation, autorité parentale, respon sabilités en lien avec l’enfant, divorce, désunions, aliments, régimes matrimoniaux, successions, sont autant d’éléments soumis aux fluctuations de la vie affective des personnes. La famille se retrouve dans les contentieux aussi diversifiée que la dislocation du modèle familial traditionnel. Les juristes se mobilisent : magistrats, avocats, huissiers de justice, notaires, autant de professions en contact direct avec les litiges propres à la matière familiale, et réunies dans cet ouvrage.
Barnes, M., et al., International Child Maintenance and Family Obligations: A Practical Guide,Bristol,Family Law, 2013.View this title in our link resolver Plinklet
The growth in international mobility means that there are now significantly more child and spousal maintenance cases which include an international element. Enhanced inter-country cooperation in the processing of such applications has resulted in more effective recovery of maintenance, so that practitioners and legal advisors need to have a good grasp of the various rules and regulations in respect of jurisdiction and reciprocal enforcement in this increasingly relevant and complex area.
This book provides straightforward guidance to the law and procedures that govern applications for new orders and enforcement of existing orders to and from abroad. An overview is provided for all available applications under domestic law, in addition to procedural guides and analysis of international law (including the EU Council Maintenance Regulation 4/2009 and the implementation of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). The summary of enforcement procedure will equally assist legal advisors at family proceedings courts and practitioners instructed to deal with financial orders and provide advice on reciprocal enforcement.
A comprehensive review of the new statutory regime for claims through the Child Support Agency is also provided, so that clients can be advised about the new “gross income” scheme and how decisions interact with international law.
Stiehm, J.H., Champions for Peace: Women Winners of the Nobel Peace Prize, Lanham, Rowman and Littlefield, 2014.View this title in our link resolver Plinklet
Only fifteen women have won the Nobel Prize for Peace since it was first awarded in 1901. Hailing from all over the world, some of these women have held graduate degrees, while others barely had access to education. Some began their work young, some late in life. In this compelling book, Judith Stiehm narrates these women’s varied lives in fascinating detail. The second edition includes the stories of three additional outstanding women—Ellen Johnson Sirleaf, Leymah Gbowee, and Tawakkol Karman—who were honored in 2011 with the Nobel Peace Prize “for their non-violent struggle for the safety of women and women’s rights to full participation in peace-building work.” Engaged and inspiring, all these women clearly demonstrate that there is something each of us can do to advance a just, positive peace. Whether they began by insisting on garbage collection or simply by planting a tree, each understood that peace must be global in order to be sustained. All learned that peace is not always popular, but believed they must persevere. They shared a common vision and commitment undiminished by obstacles and opposition. As Judith Stiehm convincingly shows, all are truly "champions for peace."
Klein, N. (ed.), Litigating International Law Disputes: Weighing the Options, Cambridge New York, Cambridge University Press, 2014.View this title in our link resolver Plinklet
Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
Johnson, G., Lord Robert Cecil: Politician and Internationalist, Farnham, Ashgate, 2013.View this title in our link resolver Plinklet
Lawyer, politician, diplomat and leading architect of the League of Nations; Robert Cecil, 1st Viscount Cecil of Chelwood, was one of Britain's most significant statesmen of the twentieth century. His views on international diplomacy cover the most important aspects of British, European and American foreign policy concerns of the century, including the origins and consequences of the two world wars, the disarmament movement, the origins and early course of the Cold War and the first steps towards European integration. His experience of the First World War and the huge loss of life it entailed provoked Cecil to spend his life championing the ethos behind and work of the League of Nations: a role for which he was awarded the Nobel Peace Prize in 1937. Yet despite his prominence in the international peace movement, Cecil has never been the focus of an academic biography. Cecil has perhaps been judged unfairly due to his association with the League of Nations, which has since been generally regarded as a failure. However, recent academic research has highlighted the contribution of the League to the creation of many of the institutions and precepts that have, since the Second World War, become accepted parts of the international system, not least the United Nations. In particular, Cecil and his work on arms control lay the basis for understanding this new area of international activity, which would bear fruit during the Cold War and after. Through an evaluation of Cecil's political career, the book also assesses his reputation as an idealist and the extent to which he had a coherent philosophy of international relations. This book suggests that in reality Cecil was a Realpolitiker pragmatist whose attitudes evolved during two key periods: the interwar period and the Cold War. It also proposes that where a coherent philosophy was in evidence, it owed as much to the moral and political code of the Cecil family as to his own experiences in politics. Cecil's social and familial world is therefore considered alongside his more public life.
Stahn, C. and Melber, H. (eds.) Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld, Cambridge, Cambridge University Press, 2014.View this title in our link resolver Plinklet
As UN Secretary-General, Dag Hammarskjold shaped many of the fundamental principles and practices of international organisations, such as preventive diplomacy, the ethics of international civil service, impartiality and neutrality. He was also at the heart of the constitutional foundations and principles of the UN. This tribute and critical review of Hammarskjold's values and legacy examines his approach towards international civil service, agency and value-based leadership, investigates his vision of internationalism and explores his achievements and failures as Secretary-General. It draws on specific conflict situations and strategies such as Suez and the Congo for lessons that can benefit contemporary conflict resolution and modern concepts such as human security and R2P. It also reflects on ways in which actors such as international courts, tribunals and the EU can benefit from Hammarskjold's principles and experiences in the fields of peace and security and international justice.
Kolb, R. The Elgar companion to the International Court of Justice, Cheltenham, Edward Elgar, 2014View this title in our link resolver Plinklet
The first in a new series of Companions that offer wide-ranging coverage of a range of International Courts and Tribunals, The Elgar Companion To The International Court Of Justice is a one-stop reference point for those wishing to understand this highly significant and successful court. The Companion offers a bird's eye view of how the ICJ came into being, the general principles on which it was founded, and how it works today. It addresses certain fundamental concepts relating to the functioning of the Court, such as its jurisdiction, and sheds light on its history, the structure of the Court, selected elements of its jurisprudence and its procedure, and its role in the wider world. The Companion gives a human flavour to the institution through the portraits of some of the great figures that featured as its judges. The book is written in a simple and understandable manner that may be followed easily by all those interested to know more about the work of the principal judicial organ of the United Nations.
Barston, R.P. , Modern Diplomacy, Harlow, Pearson, 2013.View this title in our link resolver Plinklet
Modern Diplomacy provides a comprehensive exploration of the evolution and concepts of the institution of diplomacy. This book equips students with a detailed analysis of important international issues that impact upon diplomacy and its relationship with international politics. The subject is bought ‘to life’ through the use of case studies and examples which highlight the working of contemporary diplomacy within the international political arena. Organised around five broad topic areas, including the nature of diplomacy, diplomatic methods and negotiation, the operation of diplomacy in specific areas and natural disasters and international conflict, the book covers all major topic areas of contemporary diplomacy.
Chechi, A., The Settlement of International Cultural Heritage Disputes, New York, NY, Oxford University Press, 2014.View this title in our link resolver Plinklet
The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.
Neethling, T. and H. Hudson, Post Conflict Reconstruction and Development in Africa; Concepts, Role-Players, Policy and Practice, Tokyo, United Nations University Press, 2013.View this title in our link resolver Plinklet
During the 1990s, nine out of ten of the bloodiest conflicts occurred on the African continent. And despite some 20 peacebuilding operations in Africa in the last 25 years there is still a significant lack of cohesive strategy to target the key areas in the regeneration of a conflict-ridden country. An Afrocentric perspective is therefore a suitable starting point for research into the possible strategies for post-conflict peacebuilding. It is clear that a military approach to peace missions needs to include developmental, economic and governance support to ensure lasting stability and human security. And an army needs to be equipped and trained for these multiple roles which previously were regarded as secondary functions but are now priorities in peace mission involvement. The authors of this book consider the problems around the concept of ‘post-conflict’ and the blurring of military and civilian roles, analysing the UN roles in the DRC and Sierra Leone, as well as the African Union Mission in Burundi. The main context of the book, however, is the South African Army’s strategy for PCRD in Africa, which has been developed with the African Union’s 2006 Post-Conflict, Reconstruction and Development Needs Assessment Guide in mind. This book emanates from this plan. It therefore also explores South Africa’s policy imperatives to integrate development projects and peace missions, involving the military as well as civilian organisations.
Diz Pereira Pinto, D., Fisheries Management in Areas beyond National Jurisdiction - the Impact of Ecosystem Based Law-Making, Leiden, Martinus Nijhoff, 2013.View this title in our link resolver Plinklet
Traditional fisheries management – based on single-species – has proved to be inadequate to sustainably manage living resources, due to the highly complex structure of marine ecosystems. Recent developments in marine scientific research have indicated that the ecosystem-based approach, which takes into consideration the interdependence among species and their habitats, is the most appropriate way to sustainably manage marine living resources. Shifting from single-species approach to ecosystem-based fisheries management (EBFM) in areas beyond national jurisdiction (ABNJ) is extremely important, because species occurring in these regions are often more vulnerable to collapse than coastal species due to their biological characteristics.
Romano, C.P.R., K.J. Alter and Y. Shany (eds.), The Oxford Handbook of International Adjudication, Oxford, Oxford University Press, 2014.View this title in our link resolver Plinklet
The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international relations, particularly economic relations, the enforcement of human rights, and the criminal pursuit of perpetrators of mass atrocities. International courts and tribunals have become, in some respects, the lynchpin of the modern international legal system. The Oxford Handbook of International Adjudication uniquely brings together analysis of the legal, philosophical, ethical and political considerations brought about by these bodies. It provides an original and comprehensive understanding of the various forms of international adjudication. A series of cross-cutting chapters overview key issues in the field, both theoretical and practical, providing scholars, students, and practitioners with a detailed understanding of important legal and political influences within the international adjudicative process. The Handbook is divided into six parts. The first part provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. The second analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. The third part lays out the theoretical approaches to international adjudication, including from political science, sociology, philosophy, ethics, and the perspectives of developing countries. The fourth part examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges, the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. The fifth part examines key actors in international adjudication, including international judges, legal counsels, international prosecutors, and registrars. Finally, the sixth provides an overview of some selected legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies.
Alter, K.J., The New Terrain of International Law: Courts, Politics, Rights, Princeton, Princeton University Press, 2014.View this title in our link resolver Plinklet
n 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics.
The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
Porter, T., Transnational Financial Regulation after the Crisis, London, New York, Routledge, Taylor and Francis Group, 2014.View this title in our link resolver Plinklet
The global financial crisis that began in 2007 was the most destructive since the 1930s. The rapid spread of the crisis across borders and the complexity of these cross-border linkages highlighted the importance for authorities of working together in responding to the crisis. This book examines the transnational response that relied heavily on a set of relatively informal transnational regulatory groupings that had been constructed over previous decades. During the crisis these arrangements were made stronger and more inclusive, but they remain very complex. Thousands of pages of new rules have been created by various transnational bodies, and the implementation of these rules relies heavily on domestic law and regulation and private rules and practices. This book analyses this complex response, showing that its overly technical and incremental character, the persistence of tensions between transnational processes and state-centred politics, and the ongoing power of private actors, have made the regulatory response fall short of what is needed.
Kelle, A., Prohibiting Chemical and Biological Weapons: Multilateral Regimes and Their Evolution, Boulder; London, Lynne Rienner Publishers, 2014.View this title in our link resolver Plinklet
Whether in the arsenals of states or of terrorist groups, chemical and biological weapons (CBW) are increasingly seen as one of the major threats to global security. Alexander Kelle provides a comprehensive assessment of the multilateral prohibition regimes that have been established to confront the risks posed by CBW in the context of rapid scientific and technological advances.
Hurd, I., International Organizations: Politics, Law, Practice, Cambridge; New York, Cambridge University Press, 2014.View this title in our link resolver Plinklet
International organizations are at the heart of many global issues today. This new textbook looks at the leading international organizations and explains how they both shape and are shaped by international politics. The book examines three themes: the legal obligations that give international organizations their powers; the mechanisms that elicit compliance by their member states; and the practices of enforcement in the organization. Each chapter shows how international organizations work in practice and the interactions between them and their member states. This fresh text provides a comprehensive understanding of what international organizations do, how and why they do it, and the challenges they face.
Sofer, S., The Courtiers of Civilization, Albany, State University of New York Press, 2013.View this title in our link resolver Plinklet
The professional diplomat frequently takes a back seat in the public imagination to such figures as the great heads of state and leading military figures. In The Courtiers of Civilization, Sasson Sofer aims to restore the importance and reputation of the diplomat in Western civilization. Drawing on an exhaustive reading of the vast literature on diplomacy, from the late Renaissance forward, he fashions an engaging portrait of the diplomat’s milieu and lifestyle, his place in diplomatic rituals, and his role in international dialogue. Blending historical evidence, sociological analysis, and political thought, Sofer explores the vocational predicament faced by the diplomat, who must play many roles, including negotiator, honorable spy, horse trader, appeaser, and bureaucrat, while at the same time maneuvering in the world of rulers and warriors. Ultimately, the diplomat is a symbol of peace and a custodian of the virtues and norms of a civilized and functional international society—in sum a “courtier of civilization.”
Zimmermann, C.D., A Contemporary Concept of Monetary Sovereignty, Oxford, Oxford University Press, 2013.View this title in our link resolver Plinklet
Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As a consequence of globalization and increasing financial integration and a worldwide trend towards the creation of economic and monetary unions, the principle of monetary sovereignty has undergone significant change. This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community. The book examines the historic origins and evolution of the concept of monetary sovereignty, putting it into the context of broader concepts of sovereignty. It argues that monetary sovereignty remains relevant as a dynamic legal concept with both positive and normative components. It investigates the continuing hybridization of international monetary law resulting from changes to its formal and material sources. It then examines the complex phenomenon of exchange rate misalignment under international monetary and trade law, and the increasing regionalization of monetary sovereignty, notably in light of the European sovereign debt crisis. Finally, it assesses the role the concept of monetary sovereignty can play in the reorganization of international finance following the recent global financial crisis.
Harrison, J., Making the Law of the Sea: a Study in the Development of International Law, Cambridge, Cambridge University Press, 2014.View this title in our link resolver Plinklet
Making the Law of the Sea examines how various international organisations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution – including the International Maritime Organization and the United Nations – and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
Yamamoto, L. and Esteban, M., Atoll Island States and International Law: Climate Change Displacement and Sovereignty, Berlin, Springer, 2014.View this title in our link resolver Plinklet
Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them.
Treves, T., F. Seatzu and S. Trevisanut (eds.) Foreign Investment, International Law and Common Concerns, London, Routledge, 2014.View this title in our link resolver Plinklet
This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance.
In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Guilfoyle, D. (ed.), Modern Piracy: Legal Challenges and Responses, Cheltenham, Elgar, 2013.View this title in our link resolver Plinklet
Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots.
Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike.
Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.
Miles, K., The Origins of International Investment Law, Cambridge, Cambridge University Press, 2013.View this title in our link resolver Plinklet
International investment law is a complex and dynamic field. Yet, the implications of its history are under-explored. Kate Miles examines the historical evolution of international investment law, assessing its origins in the commercial and political expansionism of dominant states during the seventeenth to early twentieth centuries and the continued resonance of those origins within modern foreign investment protection law. In particular, the exploration of the activities of the Dutch East India Company, Grotius' treatises, and pre–World War II international investment disputes provides insight into current controversies surrounding the interplay of public and private interests, the systemic design of investor-state arbitration, the substantive focus of principles, and the treatment of environmental issues within international investment law. In adopting such an approach, this book provides a fresh conceptual framework through which contemporary issues can be examined and creates new understandings of those controversies.
Robinson, J.P., Alleged Use of Chemical Weapons in Syria, Harvard Sussex Program Occasional Paper No. 4, June 2013.View this title in our link resolver Plinklet
Have chemical weapons been used in Syria, as is now widely reported? For the time being, onlookers can reasonably believe the reporting only if they are willing to trust unsubstantiated assertion or incomplete evidence, or to disregard the history of chemical warfare. That history is full of false CW allegation and of instances in which people who should have known better were led astray by such tales -- either through ignorance or through deception or through selfdelusion. It would be foolish to forget, at the present grim juncture in the Middle East, that a bare thirty years ago the huge intelligence apparatus of the United States Government mistook a natural phenomenon – mass defaecation flights of the Apis dorsata honeybee in southeast Asia -- for communist mycotoxin warfare. That was in the long-running ‘Yellow Rain’ affair which commenced in Laos during the latter 1970s. Germ and chemical weapons may often be weak in their battlefield applications but they are always strong in their emotiveness. Accusations of association with them have for centuries, even millennia, been used by wellintentioned as well as unscrupulous people to vilify enemies and to calumniate rivals. Can onlookers protect themselves against the possibility of such assaults upon their common sense today? Can they do so and still remain sensitive to the importance of remedial action if the allegations are found to be true, wholly or in part? This HSP Occasional Paper has been compiled with just such protection in mind. HSP therefore offers what follows in this paper: a compilation of as many records of Syria CWuse allegations as have come our way, each one being written so as to include information that could guide readers in assessing the reliability and the credibility of what is alleged.
Sims, N.A., BWC Article V: Under-Reviewed but Ripe for Exploration, Harvard Sussex Program Occasional Paper No. 3, March 2013.View this title in our link resolver Plinklet
Article V is ripe for exploration of it non-CBM aspects. Through consultation, cooperation, and clarification, its latent potential for handling compliance concerns deserves, but seldom receives, review. This paper explores Article V in its multilateral mode. One option is the Formal Consultative Meeting procedure, it deserves renewed attention to increase its acceptability. Moreover, it might be augmented by "other international procedures" if any can be devised that are informal, inexpensive, and flexible. After noting a tendency to take compliance concerns outside the BWC altogether, the paper concludes with pratical options for taking forward this exploration of Article V in (at least) the margins of the intersessional process from 2013 and preparing the way for its fuller review in 2016.
Becker-Jakob, U., Balanced Minimalism: The Biological Weapons Convention after its 7th Review Conference, PRIF Report No.120, 2013.View this title in our link resolver Plinklet
Since 1972 the BWC has been in force – and it urgently needs short-term improvements as well as new instruments and common conceptual understandings of multilaleralism in the long term. This was evident recently at the 2011 Review Conference, when deep conflicts concerning technical issues as well as conceptual understandings manifested itself. In PRIF Report 120 "Balanced Minimalism – The Biological Weapons Convention after its 7th Review Conference", Una Becker-Jakob argues that the regime’s monitoring and verification system needs to be strengthened. Besides these technical questions, the state’s general view on multilateral action should be revised, because the discussions showed some deeper conflicts concerning a different understanding of concepts like sovereignty, justice and governance. These hint at different notions of multilateral action, which are not restrained to biological arms control. That is why Becker-Jakob claims a long-term dialogue besides technical short-term issues.
A Commitment to Private International Law: Essays in Honour of Hans van Loon, Cambridge, Intersentia, 2013.View this title in our link resolver Plinklet
Hans van Loon has been at the forefront of private international law for well over a quarter of a century. Since joining the Hague Conference on Private International Law in 1978, he has presided over remarkable growth of the Organisation and significant changes to how it operates. He has been involved in the development of nine Hague Conventions, two of which are fast approaching 100 Contracting States, as well as the revision of the Statute of the Hague Conference. In his time as Secretary General, he has seen the Organisation's membership grow from 44 to 72 Members (with more than 60 non-Member States now party to at least one Hague Convention), which has turned the Hague Conference into a veritable world organisation. The continued relevance of the Hague Conference in the 21st century owes much to the commitment of Hans van Loon to private international law and his awareness of its role in a broader social context. This Liber Amicorum is a collection of contributions from friends and colleagues who have shared the negotiating table with Hans van Loon at various diplomatic sessions, collaborated with him on seminars and academic pursuits around the globe, and worked alongside him at the Permanent Bureau.
Ismael, T.Y. and G.E. Perry (eds.), The International Relations of the Contemporary Middle East : Subordination and Beyond, Ismael, London, Routledge, 2014.View this title in our link resolver Plinklet
The Middle East, a few decades ago, was seen to be an autonomous subsystem of the global international political system. More recently, the region has been subordinated to the hegemony of a singular superpower, the US, bolstered by an alliance with Israel and a network of Arab client states.
The subordination of the contemporary Middle East has resulted in large part from the disappearance of countervailing forces, for example, global bipolarity, that for a while allowed the Arab world in particular to exercise a modicum of flexibility in shaping its international relations.The aspirations of the indigenous population of the Middle East have been stifled by the dynamics of the unequal global power relationships, and domestic politics of the countries of the region are regularly subordinated to the prerogatives of international markets and the strategic competition of the great powers.
Employing the concept of imperialism, defined as a pattern of alliances between a center (rulers) in the Center (developed) country and a center (client regime) in the Periphery (underdeveloped country) - as an overall framework to analyse the subordination of the region, this book is essential reading for students and scholars of the Middle East, International Relations, and Politics in general.
Gerstein, D.M., National Security and Arms Control in the Age of Biotechnology: the Biological and Toxin Weapons Convention, Lanham, Rowman and Littlefield, 2013.View this title in our link resolver Plinklet
This book accessibly and expertly details the history and implications of the BWC - the Biological and Toxin Weapons Convention - a controversial arms control agreement drafted in the 1970's meant to supplement the Geneva protocol for warfare from decades earlier. That treaty banned the use of biological weapons in modern warfare, but failed to ban their development, transport or trafficking, holes the BWC aimed to fill, but are still contested to this day. Daniel M. Gerstein, a Deputy Under Secretary in the Department of Homeland Security and Adjunct Professor at American University, traces the origins of the treaty and its many complications, past and present, while prescribing a way for the world's leaders to move forward with regards to (what Gerstein sees will be and already is) the most important arms control treaty of the 21st Century. This will only become more pronounced as exponential advances in biotechnology continue to occur. The strength and enforcement of the treaty are at a crossroads, and it is important for both professionals and students of the political-military and international affairs to know exactly what a failure to honor, improve and uphold the BWC would mean for international security.
Weiss, T.G. (et al.), The United Nations and Changing World Politics, 7th ed., Boulder, CO, Westview Press, 2014.View this title in our link resolver Plinklet
This completely revised and updated seventh edition serves as the definitive text for courses in which the United Nations is either the focus or a central component. Built around three critical themes in international relations—peace and security, human rights, and humanitarian affairs—the seventh edition of The United Nations and Changing World Politics guides students through the complexity of politics and almost seven decades of UN activities. Students of all levels will learn what the UN is, how it operates, and what its relationships are with the universe of external actors and institutions, from sovereign states to the plethora of nongovernmental and intergovernmental organizations now playing important roles in world politics. This new edition is fully revised to take into account recent events, including the UN’s actions in Libya and Syria, the tenure of Ban Ki-moon, the global economic and financial meltdown, and efforts to confront nuclear proliferation and climate change.
Bogdan, M., Concise Introduction to Comparative Law, Groningen, Europa Law Publishing, 2013.View this title in our link resolver Plinklet
In today's globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general.
Bueno de Mesquita, B., Principles of International Politics, Washington, DC, CQ Press, 2014.View this title in our link resolver Plinklet
Renowned scholar Bruce Bueno de Mesquita, who set the standard for the scientific approach to international relations and transformed the field, has returned with a reformulated fifth edition based on extensive reviewer feedback and guided by an emphasis on questions about the causes and consequences of war, peace, and world order. More than ever before, the strategic perspective in international relations is examined with complete clarity, precision, and accessibility. What hasn't changed is Bueno de Mesquita's commitment to covering the fundamentals of IR. The foundational topics and examination are all there: the major theories of war, the domestic sources of international politics, an exploration of the democratic peace, the problems of terrorism, the role of foreign aid, democratization, international political economy, globalization, international organizations, international law, and the global environment. No other introductory text delivers such an easily-understood contemporary explanation of international politics, while truly enabling students to learn how to mobilize the key concepts and models themselves-thus develop a new method for thinking about world affairs. More than ever before, Principles provides a comprehensive evaluation of all aspects of international affairs, systematically compares the accuracy of competing approaches to international relations, and walks students through the simple, intuitive models and games that capture the essence of the strategic, selectorate viewpoint.
Lloyd, S.A. (ed.), Hobbes Today: Insights for the 21st Century, New York, NY, Cambridge University Press, 2013.View this title in our link resolver Plinklet
Hobbes Today: Insights for the 21st Century brings together an impressive group of political philosophers, legal theorists, and political scientists to investigate the many ways in which the work of Thomas Hobbes, the famed seventeenth century English philosopher, can illuminate the political and social problems we face today. Its essays demonstrate the contemporary relevance of Hobbes's political thought on such issues as justice, human rights, public reason, international warfare, punishment, fiscal policy, and the design of positive law, among others. The volume's contributors include both Hobbes specialists and philosophers bringing their expertise to consideration of Hobbes's texts for the first time. This volume will stimulate renewed interest in Hobbes studies among a new generation of thinkers.
Roff, H.M., Global Justice, Kant and the Responsibility to Protect: a Provisional Duty, London, Routledge, 2013.View this title in our link resolver Plinklet
This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory. The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria. This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty’s provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant’s account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.
Dunoff, J.L. and M.A. Pollack (eds.), Interdisciplinary Perspectives on International Law and International Relations: the State of the Art, New York, NY, Cambridge University Press, 2013.View this title in our link resolver Plinklet
International Law and International Relations: Synthesizing Insights from Interdisciplinary Scholarship brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation, and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law. The volume also explores how interdisciplinary work has advanced theoretical understandings of the causes and consequences of the increased legalization of international affairs.
Kolb, R., Théorie du Droit International, Bruxelles, Bruylant, 2013.View this title in our link resolver Plinklet
L’ouvrage traite des problèmes fondamentaux du droit international dans une perspective à la fois juridique et plus générale ; une réflexion touchant à des aspects fondamentaux de ce droit vu sous l'angle de son évolution historique et de son état actuel. Cette seconde édition de l’ouvrage Réflexions de philosophie du droit international rassemble une série de réflexions personnelles sur les points de droit international qui m’ont paru importants au fil des années d’étude de cette matière. Si ces points ne s’ordonnent pas en un système, ils ne sont néanmoins pas jetés sur le papier au hasard. Ces réflexions ont ceci en commun qu’elles tentent de serrer de plus près les aspects ordonnateurs et structurants du droit international, en un mot, ses chevilles ouvrières ou ses voûtes névralgiques.
Clark, D.S. (ed.), Comparative Law and Society, Cheltenham, Elgar, 2012.View this title in our link resolver Plinklet
Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date.
Byers, M. and J.E. Baker, International Law and the Arctic, Cambridge, Cambridge University Press, 2013.View this title in our link resolver Plinklet
Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. Improved access for shipping and resource development is leading to new international rules on safety, pollution prevention and emergency response. Around the Arctic, maritime boundary disputes are being negotiated and resolved, and new international institutions, such as the Arctic Council, are mediating deep-rooted tensions between Russia and NATO and between nation states and indigenous peoples. International Law and the Arctic explains these developments and reveals a strong trend towards international cooperation and law-making. It thus contradicts the widespread misconception that the Arctic is an unregulated zone of potential conflict.
Conaghan, J., Law and Gender, Oxford, Oxford University Press, 2013.View this title in our link resolver Plinklet
An invaluable resource for generations of students and teachers of law, the Clarendon Law Series offers concise, accessible overviews of major fields of law and legal thought, stimulating students to think more broadly and deeply about the law. Gender is an increasingly prominent aspect of the contemporary debate and discourse around law. It is curious that gender, while figuring so centrally in the construction and organization of social life, is nevertheless barely visible in the conceptual armoury of law. In the jurisprudential imagination law is gender-less; as a result legal scholarship for the most part continues to hold on to the view that gender plays little or no role in the conceptual make-up, normative grounding, or categorical ordering of law. The official position is that the idea of law and legal fundamentals are, or at least ought to be, gender-independent. This book challenges these long-held assumptions. Exploring the relationship between law and gender it takes gender as a core concept and analytical tool and examines how law is conceptualized, organized, articulated, and legitimated. How can gender be given meaning in legal texts, doctrine, and practices, and how can gender operate within the law while simultaneously appearing to be outside it? The relationship between gender and the law is relevant to virtually all areas of law including in particular criminal law, tort law, family law, employment law, and human rights. Increasingly issues of gender are perceived as the concern of all, reflecting broader debates in the law, including those of equality and sexuality. Covering the key theoretical and substantive areas of jurisprudence, this volume by Joanne Conaghan will be essential reading for all interested in gender studies and legal theory more widely. It offers a clear, concise introduction to gender studies and central feminist concerns for a legal readership. Readership: Students and academics of feminist legal studies, gender studies, jurisprudence, philosophy, political theory, social policy, discrimination law, equality law, labour law, family law, and human rights law.
Dromgoole, S., Underwater Cultural Heritage and International Law, Cambridge, Cambridge University Press, 2013.View this title in our link resolver Plinklet
The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.
Joor, J. and H.M., Verrijn Stuart, The Building of Peace: A Hundred Years of Work on Peace through Law: the Peace Palace, 1913-2013, The Hague, Carnegie Foundation, 2013.View this title in our link resolver Plinklet
The Carnegie Foundation, the owner and keeper of the Peace Palace, has taken the initiative to publish a book to mark the Centenary of the Peace Palace. This book, aimed at the general public, reflects on the role the Peace Palace has played in the history of war and peace in the 20th Century. It also portrays the occupants of the Peace Palace in 2013: The International Court of Justice, the Permanent Court of Arbitration, the Library and the Hague Academy of International Law. The historical part of the book is written by Johan Joor; the contemporary part by Heikelien Verrijn Stuart. Also included a photo documentary about ‘daily life’ at the Peace.
This versatile book highlights the Centenary of the Peace Palace in all of its facets. Unlike in 1913, in 2013 the world is not in an idealistic mood. Differences between countries have partly given way to complex conflicts within national borders, and with international dimensions. This book examines the existence and the legitimacy of the Peace Palace with an open, inquiring gaze. New historical research describes in detail how this icon of international law, and the institutions that it houses, have survived the past century, with all of their bruises and successes. Major authors from different continents have written personal contributions, an extensive photo series shows what happens inside the walls of the Peace Palace over the course of a year, and an expert in the field of international law takes the reader inside and discusses the image and self-image of the institutions in the Peace Palace, on the basis of personal observations. This is a fascinating insight into a specialized world that is seen as closed off, but that increasingly recognizes the interests of everyone. A microcosm with a global perspective, where work is done with great dedication and commitment to promote and maintain peace in the world via the dispassionate means of law.
Joor, J. et H.M. Verrijn Stuart, La construction de la paix: une action séculaire au service de la paix par le droit: le Palais de la Paix, 1913-2013, La Haye, Fondation Carnegie, 2013.View this title in our link resolver Plinklet
Ce livre éclaire sous plusieurs aspects les différentes facettes du centenaire du Palais de la Paix. Contrairement à la situation qui prévalait en 1913, le monde a abandonné en 2013 toute vision idéaliste. Les antagonismes entre pays ont laissé la place à des conflits complexes au sein des frontières des États, conflits qui présentent des dimensions internationales. Le présent ouvrage étudie l'existence et le droit à l'existence du Palais de la Paix en portant un regard ouvert et curieux. Une nouvelle étude historique décrit en détail comment cette icône du droit international et les institutions qu'elle héberge ont traversé le siècle dernier, avec leurs difficultés et leurs succès. De grands auteurs de plusieurs continents apportent leur contribution personnelle, tandis qu'un reportage photographique montre tout ce qui s'est déroulém entre les murs du Palais de la Paix en une année. En outre, un expert du droit international présente au lecteur le Palais de l'intérieur et commente, à partir d'observations personnelles, l'image que les institutions du Palais de la Paix donnent d'elles-mêmes et ont d'elles-mêmes. Un regard fascinant porté sur un monde spécialisé souvent considéré comme fermé, mais qui prête de plus en plus d'attention aux intérêts de chacun. Un microcosme à perspective mondiale qui travaille ardemment et avec une grande implication à la promotion et au maintien de la paix dans le mond, en s'armant de la froideur du droit.
Joor, J. en H.M. Verrijn Stuart, Bouwen aan vrede: honderd jaar werken aan vrede door recht: het Vredespaleis, 1913-2013, 's-Gravenhage, Carnegie-Stichting, 2013.View this title in our link resolver Plinklet
Het Vredespaleis in Den Haag geniet wereldwijde bekendheid. Maar wat is de geschiedenis van dit markante gebouw? Welke rol speelde Andrew Carnegie, hoe kwam het in Den Haag terecht, hoe kwam het de Eerste en Tweede Wereldoorlog door en waarom is er sprake van een renaissance sinds de val van de Muur? De auteur van het rijk geillustreerde historische deel, Johan Joor, beschrijft op een toegankelijke manier de bewogen geschiedenis van het Vredespaleis en van de instituties en organisaties die het wereldwijde symbool van de vrede herbergt: het Permanente Hof van Arbitrage, het Internationale Gerechtshof – het belangrijkste gerechtelijke orgaan binnen de Verenigde Naties -, de Bibliotheek, de Haagse Academie en de Carnegie-stichting. De geschiedenis wordt vanaf het eind van de 19e eeuw verteld, maar de nadruk ligt op de ontwikkelingen sinds 1989. Een prachtig overzicht over de wereldgeschiedenis, gezien vanuit een bijzondere plek in Den Haag, het Vredespaleis. Behalve een historisch deel bevat het boek ook een essay dat het Vredespaleis beschrijft vanuit een juridisch-filosofisch perspectief, van de hand van Heikelina Verrijn Stuart.
Spaaij, R. and C. Burleson (eds.), The Olympic Movement and the Sport of Peacemaking, London, Routledge, 2013.View this title in our link resolver Plinklet
Sport and peacemaking have evolved. It is no longer the case that the Olympic Games and war games exist in isolation from each other. Increasingly, policymakers, peacekeepers, athletes, development workers, presidents of nations and others combine forces in an "integrated" approach towards peace. This approach is located not only within the broader, historically evolved Olympic Movement but also in relation to a newly emerged social movement which promotes development and peace through sport. This book critically examines the ways in which this development is being played out at global, national and local levels, particularly in relation to the Olympic Movement and initiatives such as the biennial Olympic Truce Resolution.
Maar, R. van der, en J.F. Meijer, Herman van Roijen, 1905-1991: een diplomaat van klasse, Amsterdam, Boom, 2013.View this title in our link resolver Plinklet
Zelden is een Nederlandse diplomaat zo invloedrijk geweest als Herman van Roijen (1905-1991). Gedurende zijn veertigjarige loopbaan in de Buitenlandse Dienst heeft hij in diverse functies en op verschillende posten in de jaren 1930-1970 mede gestalte gegeven aan de Nederlandse buitenlandse politiek. Na een kortstondig ministerschap op Buitenlandse Zaken in het eerste naoorlogse kabinet Schermerhorn-Drees werd hij ambassadeur in Canada, de Verenigde Staten en Groot-Brittannië. Twee maal heeft hij een beslissende invloed gehad op de (inter)nationale geschiedenis. Hij vertegenwoordigde Nederland na de Tweede Politionele Actie in de Veiligheidsraad en leidde vervolgens de besprekingen met de Republiek Indonesië. Het mede naar hem genoemde Van Roijen-Roemakkoord van 7 mei 1949 vormde de doorbraak in het zo moeizame Indonesische dekolonisatieproces en was de opmaat naar de formele Indonesische onafhankelijkheid. Dertien jaar later beslechtte hij het Nieuw-Guineavraagstuk, waarbij hij zich keerde tegen het beleid van minister van Buitenlandse Zaken, Joseph Luns. Mede door zijn optreden als onderhandelaar in beide dekolonisatiekwesties, maar ook door zijn optreden als ambassadeur in de bilaterale betrekkingen met de landen waar hij geposteerd was, wordt Herman van Roijen wel beschouwd als een van de grote diplomaten die Nederland in de twintigste eeuw heeft gekend. De auteurs van deze biografie beschrijven, mede aan de hand van Van Roijens niet eerder gebruikte privéarchief, naast zijn activiteiten als diplomaat, ook uitvoerig zijn persoonlijk leven. Centraal in het boek staat de vraag waarom Van Roijen uitsteeg boven zijn Nederlandse vakgenoten en een sleutelrol kon vervullen in de vaderlandse en internationale geschiedenis.
Kerr, P. and G. Wiseman, Diplomacy in a Globalizing World, New York, NY, Oxford University Press, 2013.View this title in our link resolver Plinklet
In Diplomacy in a Globalizing World: Theories and Practices, twenty-three respected scholars contribute to the debate about the changing nature of contemporary diplomacy and its future theoretical and practical directions. Filling a gap in the diplomacy textbook market, this unique volume balances breadth with depth and theory with practice, using cutting-edge comparisons to show that twenty-first century diplomacy is best understood as "complex diplomacy." The book analyzes diplomacy's historical and contemporary developments; Western and non-Western diplomatic theories and practices; sociological and political theories of diplomacy; and various diplomatic structures, processes, and instruments, such as the ministry of foreign affairs, public diplomacy, bilateral and multilateral diplomacy, and intelligence. Numerous pedagogical tools enhance the text.
Kleiner, J., Der Spielervertrag im Berufsfussball: unter Berücksichtigung prozessualer Besonderheiten in Verfahren vor staatlichen Gerichten, Schiedsgerichten und Verbandsinstanzen, Stuttgart, Boorberg, 2013.View this title in our link resolver PlinkletDas vorliegende Werk behandelt die Vertragsbeziehung zwischen einem Berufsfussballer und seinem Club. Dabei werden vorab die prozessualen Rahmenbedingungen der verschiedenen Rechtsprechungsbehörden (Court of Arbitration for Sport, FIFA Dispute Resolution Chamber und staatliche Gerichte) untersucht. Es wird aufgezeigt, wie sich verfahrensrechtliche Unterschiede auf die materiellrechtliche Behandlung spielervertraglicher Streitigkeiten auswirken.Im Rahmen der Darstellung der Vertragspflichten von Spieler und Club wird sodann die Rechtsprechung des Court of Arbitration for Sport, der FIFA Dispute Resolution Chamber sowie von staatlichen Gerichten umfassend berücksichtigt.
Papastavridis, E., The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans, Oxford, Hart Publishing, 2013.View this title in our link resolver Plinklet
This book addresses the international legal questions arising from the 'right of visit on the high seas' in the 21st century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and the proliferation of weapons of mass destruction, or to suppress transnational organized crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The book questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of: the right of visit * contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy jure gentium and current counter-piracy operations off the coast of Somalia, problems posed by illegal, unregulated, and unreported fishing, interdiction operations to counter drug and people trafficking and recent interception operations in the Mediterranean Sea organized by FRONTEX.
Swartz, S.A., Careers in International Law, Chicago, IL, American Bar Association, 2012.View this title in our link resolver Plinklet
Irrespective of your age, experience, nationality, residence, education or practice area, this new edition is a valuable guide for law students and lawyers interested in finding, maintaining, or moving into a career in international law. The book provides new insight into how to use your imagination, creativity, and savvy to find that elusive job in the field of international law including the scope of possibilities in specialties such as litigation, trade, corporate, transactional, banking, financial, and maritime law, as well as positions in teaching, going in-house, and pro bono work.
Karamichas, J.,The Olympic Games and the Environment, Basingstoke, Palgrave Macmillan, 2013.View this title in our link resolver Plinklet
Nowadays, sports Mega-events - with the Olympic Games leading the way – go to immense effort to showcase their environmental credentials. With that in mind, this book compares and contrasts the environmental credentials of four Olympic Host cities starting with Sydney 2000, the host of the first Green Summer Olympics, and culminating with London 2012. Setting out a comparative cross-national study that makes extensive use of perspectives offered by environmental sociology, this book showcases the scientific analytical vigour of this sociological sub-discipline. Since in most cases, the linkages between hosting the Games and the environment that are made by the general public and policy-makers are mostly in relation to the regeneration of the host city, this book engages with this type of environmental related contributions that can be made by Olympic Games hosting. Yet, inspired by the emphasis that the International Olympic Committee (IOC) gives on the environmental impact and legacy of Games in terms of the Ecological Modernization (EM) perspective, the book engages with the potential imbued by Olympic Games hosting for the EM of the host nation.
Kostopoulos, G.K., Cyberspace and Cybersecurity, Boca Raton, FL, CRC, 2013.View this title in our link resolver Plinklet
Based on related courses and research on the cyber environment in Europe, the United States, and Asia, Cyberspace and Cybersecurity supplies complete coverage of cyberspace and cybersecurity. It not only emphasizes technologies but also pays close attention to human factors and organizational perspectives. Detailing guidelines for quantifying and measuring vulnerabilities, the book also explains how to avoid these vulnerabilities through secure coding. It covers organizational-related vulnerabilities, including access authorization, user authentication, and human factors in information security. Providing readers with the understanding required to build a secure enterprise, block intrusions, and handle delicate legal and ethical issues, the text examines the risks inherent in information system components, namely hardware, software, and people, explains why asset identification should be the cornerstone of any information security strategy, identifies the traits a CIO must have to address cybersecurity challenges, describes how to ensure business continuity in the event of adverse incidents, including acts of nature, considers intrusion detection and prevention systems (IDPS), focusing on configurations, apabilities, selection, management, and deployment. Explaining how to secure a computer against malware and cyber attacks, the text’s wide-ranging coverage includes security analyzers, firewalls, antivirus software, file shredding, file encryption, and anti-loggers. It reviews international and U.S. federal laws and legal initiatives aimed at providing a legal infrastructure for what transpires over the Internet. The book concludes by examining the role of the U.S. Department of Homeland Security in our country’s cyber preparedness.
Panara, C. and G. Wilson (eds.), The Arab Spring: New Patterns for Democracy and International Law, Leiden, Nijhoff, 2013.View this title in our link resolver Plinklet
The Arab Spring: New Patterns for Democracy and International Law explores a number of critical issues brought to the forefront of the international community as a result of the uprisings which began in the Middle East and North Africa in early 2011. Particularly prominent among these are issues concerning the right to democracy within international law, self-determination, recognition of newly installed governments, the use of force for humanitarian purposes, protection of human rights, and the prosecution of international crimes. This important volume brings together a multitude of fresh voices, and as events in the Arab world continue to unfold, is certain to make a valuable contribution to a meaningful understanding of the “Arab Spring” from a constitutional and international law perspective.
Cooper, A.F., J. Heine and R. Thakur (eds.), The Oxford Handbook of Modern Diplomacy, Oxford, Oxford University Press,