This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.

The EU-NATO relationship continues to develop at a time of significant change for both organizations. Post 9/11, NATO embarked on a fundamental transformation, recasting itself as an organization with global strategic reach and interest, focused less on Europe than ever before. At the same time, the EU is also becoming a more global political actor. Consequently, there is growing evidence that over time the EU will take the primary place in providing military security in Europe. This volume combines political and legal methods to provide a comprehensive analysis of the current and likely future relationship between the EU and NATO. The work will be of interest to all those interested in the development of these two major organizations and international security more generally, whether from a political or legal perspective.

Exploring the role of public sector audit in emerging democracies and developing countries, this book provides an account of the relationship between the public sector auditor, the legislature and executive government. In particular, it introduces public sector audit's capacity to assess government agencies' compliance with the law and their management of taxpayer or internationally funded programs and services. The volume: c Explores the Australian model of public sector audit. c Provides a definition of a supreme Audit Institution (SAI) and the role and responsibilities of the public sector auditor. c Examines the authority necessary for the SAI to function effectively. c Discusses likely future reform of the SAI's legal framework. c Illustrates how audit can be used to strengthen democratic institutions in emerging market economies. It will be of use to researchers, academics and students interested in the critical issues surrounding audit in general and public sector audit in particular. It will also be a valuable guide to practitioners in this area.

Examining the historical, economic and political context for the current prohibition of particular drugs, this study investigates the problem of drug control and provides a systematic analysis of the development of the international system of regulation. It identifies the political rationalities that provided the basis of that system and positions these moral justifications for exercising power in relation to the practical programmes that put them into practice. The work not only catalogues the techniques and strategies employed in the process of governing illicit drugs, it also notes the failures, unintended consequences and other difficulties associated with getting such programmes to work. It will be of key interest to students and scholars of crime and criminology, law and society, medico-legal studies and health studies.

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a 'contractual' matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.

Discussing cutting-edge debates in the field of international ethics, this key volume builds on existing work in the normative study of international relations. It responds to a substantial appetite for scholarship that challenges established approaches and examines new perspectives on international ethics, and that appraises the ethical implications of problems occupying students and scholars of international relations in the twenty-first century. The contributions, written by a team of international scholars, provide authoritative surveys and interventions into the field of international ethics. Focusing on new and emerging ethical challenges to international relations, and approaching existing challenges through the lens of new theoretical and methodological frameworks, the book is structured around five themes: * New directions in international ethics * Ethical actors and practices in international relations * The ethics of climate change, globalization, and health * Technology and ethics in international relations * The ethics of global security Interdisciplinary in its scope, this book will be an important resource for scholars and students in the fields of politics and international relations, philosophy, law and sociology, and a useful reference for anyone who wishes to acquire 'ethical competence' in the area of international relations.

Legal Translation and Bilingual Law Drafting in Hong Kong presents a systematic account from a cross-disciplinary perspective of the activities of legal translation and bilingual law drafting in the bilingual international city of Hong Kong and its interaction with Mainland China and Taiwan in the use of legal terminology. The study mainly examines the challenges posed to English-Chinese translation in the past three decades by elaborate drafting and terminological equivalence, and offers educational and research solutions. Its primary goals are to create legal Chinese that naturally accommodates common law concepts and statutes from the English legal system and to reconcile Chinese legal terms from the different legal systems adopted by Hong Kong, Mainland China and Taiwan. The new directions in legal translation and bilingual law drafting in Hong Kong will have implications for other Chinese regions and for the world. The book is intended for scholars, researchers, teachers and students of legal translation and legal linguistics, legal translators, lawyers and legal practitioners who are engaged in translation, as well as all persons who are interested in legal language and legal translation.

In this indispensable book, distinguished activist lawyer Francis A. Boyle sounds an impassioned clarion call to citizen action against Bush administration policies, both domestic and international. Especially since the Reagan Administration, hundreds of thousands of Americans have used non-violent civil resistance to protest against elements of U.S. policy that violate basic principles of international law, the United States Constitution, and human rights. Such citizen protests have led to an unprecedented number of arrests and prosecutions by federal, state, and local governments around the country. Boyle, who has spent his career advising and defending civil resisters, explores how international law can be used to question the legality of specific U.S. government foreign and domestic policies. He focuses especially on the aftermath of 9/11 and the implications of the war on Afghanistan, the war on terrorism, the war on Iraq, the doctrine of preventive warfare, and the domestic abridgement of civil rights. Written for concerned citizens, activists, NGOs, civil resisters, their supporters, and their lawyers, Protesting Power provides the best legal and constitutional arguments to support and defend civil resistance activities. Including a number of compelling excerpts from his own trial appearances as an expert witness and as counsel, the author offers inspirational and practical advice for protesters who find themselves in court. This invaluable book stands alone as the only guide available on how to use international law, constitutional law, and the laws of war to defend peaceful non-violent protesters against governmental policies that are illegal and criminal.

This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development. The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.

Neither willing to engage in a meaningful way to save targeted civilians in Iraq, Bosnia and Rwanda nor to stand entirely aside as massive violations of humanitarian law occurred, states embraced safety zones as a means to 'do something' whilst avoiding being drawn into open warfare. Humanitarian Intervention and Safety Zones: Iraq, Bosnia and Rwanda explores why and how effectively safety zones were implemented as a way to protect civilians and displaced persons in three of the most important conflicts of the 1990s. It shows how states consistently sought to reconcile their political and humanitarian interests, a process which often led to problematic and ambiguous outcomes, and assesses in fascinating detail the difficulties and controversies surrounding the use of such zones, variously called safe havens, safe areas, secure humanitarian areas, and zones humanitaires sures . The book also asks whether or not such zones could serve as precedents for possible future attempts to ensure the safety of civilians in complex humanitarian emergencies.

Dare to dissent. Fight for what you believe in. Change the world for the better-and do it all in a lacy collar. Let the "notorious RBG" teach you to find your work-life balance, stand up for your rights, dissent like a woman, and boss it on or off the bench. If you're ready to live life like the queen of the Supreme Court, tie your hair in a scrunchie, pop on those oversized glasses, and find out how to Be More RBG. Whether you feel like your dream career is a million miles away, you're struggling with your gym routine, or you want to change the world, but don't know how to start, ask yourself: What would RBG do? Then find the answers in Be More RBG, which is full of witty and wise quotes from Associate Supreme Court Justice Ruth Bader Ginsburg and tongue-in-cheek advice for every situation.

Latin America sits at the centre of the third wave of democratisation beginning in the early 1980s. It has advanced farther than any other region of the world in its accountability processes for past human rights violations perpetrated during authoritarian regimes and armed conflicts. Despite these human rights achievements, Latin America is known as the most violent global region. In the last two decades since the transitions, serious human rights violations, especially disappearances, have increased exponentially in several countries in the region. This volume seeks to understand these post-transition disappearances. It does so by examining four different countries and the dynamics that play out there. It considers a variety of voices and points of view: those expressing the experiences from the perspectives of victims and relatives; those of activists, advocates, and public officials seeking truth and justice; and those from scholars attempting to draw out the specificities in each case and the patterns across cases. The underlying objective behind the project to gain knowledge and to draw on deep commitment to change within the region is to overcome this tragedy. After reading this volume, readers will not only have an overview of the practice of disappearances in the region, but will also be able to gauge how, despite the differences, the social and political logics that make disappearances possible are similar. The disappearances of the past and those of present are not the same, and it would be a mistake to consider them that way, but the social practices that make them possible are similar. These practices are what we call the logics of disappearance.

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

In this book, the relations and policies of global and regional powers, especially in the recent period, and the problems and issues that are important at international platform are discussed. While it is a stereotypical discourse to state that everything in world politics affects another, its truthfulness reflects an undeniable reality. In this context, an up-to-date and holistic approach has been attempted to analyze the relations of the global and regional actors and the important problems and issues in the current period.

World Politics, Human Rights, and International Law examines the functional dynamics between these concepts based upon the author's professional experiences dealing with real world situations, problems, and crises: from the Bush, Obama, and Trump administrations; Iraq, Iran, Palestine, Israel, and Syria; Bosnia and Herzegovina; successfully litigating genocide at the World Court; indicting Slobodan Milosevic at the International Criminal Tribunal for the Former Yugoslavia; prosecuting American torture and enforced disappearances at the International Criminal Court; opposing nuclear, chemical, and biological weapons; citizen civil resistance against state crimes; protecting Indigenous Peoples, etc. The reader can see how the author defined these predicaments from the perspective of international law and human rights, and then proceeded to grapple with them and to rectify them. This book demonstrates the power of international law and human rights to make a positive difference for international peace and justice as well as for the good of humanity in the real world of international power politics. By reading this book the citizen will be empowered and inspired to do the same.

In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.

F.A. Mann is considered to be one of the finest British lawyers of the twentieth century, esteemed as an international jurist and as a practising solicitor. He combined a thriving and prestigious practice with a prolific output of writing and teaching, with much of his work centering on the inter-relationship of international and national law. This collection, first published in 1973, brings together twenty-one of his essays covering a range of issues that are still relevant today, including the doctrine of jurisdiction, state responsibility, corporations and international law, and arbitration.

It is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon - or rather in, and through - its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno's dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of "Liberia", from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to "establish a state based on the rule of law". In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.

This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15 scholars working in the TWAIL (Third World Approaches to International Law) network or tradition. It includes chapters from some of the pioneering Third World jurists who have led this field since the time of decolonization, as well as prominent emerging scholars in the field. Broadly, the TWAIL orientation understands praxis as the relationship between what we say as scholars and what we do - as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law's promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation. The rich diversity of contributions in the book engage these themes and questions through the various prisms of international institutional engagement, world trade and investment law, critical comparative law, Palestine solidarity and decolonization, judicial education, revolutionary struggle against imperial sovereignty, Muslim Marxism, Third World intellectual traditions, Global South constitutionalism, and migration. This book was originally published as a special issue of Third World Quarterly.

As a fascinating study of global justice in Asia, this book presents a series of contributions reflecting upon the conditions of a greater involvement of East Asian traditions of thought in the debate on global justice. Including chapters on diverse issues such as global social inequalities, human rights practice and the functioning of international institutions, this book examines the political cultures of East Asia in order to help political theorists better appraise the distinctiveness of non-Western ideas of justice. Confirming the persistence of a strong social ethos, the contributions also demonstrate the long-lasting influence of Buddhism, Taoism and Confucianism in shaping East Asian public conceptions of justice. Bringing much needed non-Western voices to the global justice debate, this book will appeal to students and scholars of politics, law and philosophy, as well as activists involved in the global justice movement.

This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees' rights and interests. Employment laws seek to protect employees' rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin's Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.

There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

The book ties together much of the existing work on the history of oil and gas regulation in Iran and builds on that foundation to propose a coherent and balanced approach within the framework of the NCC.

Over the last decade (and indeed ever since the Cold War), the rise of insurgents and non-state actors in war, and their readiness to use terror and other irregular methods of fighting, have led commentators to speak of 'new wars'. They have assumed that the 'old wars' were waged solely between states, and were accordingly fought between comparable and 'symmetrical' armed forces. Much of this commentary has lacked context or sophistication. It has been bounded by norms and theories more than the messiness of reality. Fed by the impact of the 9/11 attacks, it has privileged some wars and certain trends over others. Most obviously it has been historically unaware. But it has also failed to consider many of the other dimensions which help us to define what war is--legal, ethical, religious, and social.
The Changing Character of War, the fruit of a five-year interdisciplinary program at Oxford Univeresity of the same name, draws together all these themes, in order to distinguish between what is really changing about war and what only seems to be changing. Self-evidently, as the product of its own times, the character of each war is always changing. But if war's character is in flux, its underlying nature contains its own internal consistency. Each war is an adversarial business, capable of generating its own dynamic, and therefore of spiralling in directions that are never totally predictable. War is both utilitarian, the tool of policy, and dysfunctional. This book brings together scholars with world-wide reputations, drawn from a clutch of different disciplines, but united by a common intellectual goal: that of understanding a problem of extraordinary importance for our times.
This book is a project of the Oxford Leverhulme Program on the Changing Character of War.