Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers - the United States, the European Union, and Japan - as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.

Affectedness and Participation in International Institutions looks at the growing involvement of affected persons in global politics, such as young climate activists, indigenous movements, and persons affected by HIV/AIDS. Since the early 2000s, international organisations within various policy areas have increasingly recognised and involved affected persons' organisations. This has promised to address long-standing legitimacy and democracy deficits of international policy making and norm setting. Yet, the powerful do not easily cede the terrain: Some major states, classic NGOs, and intergovernmental organisations seek to curtail the influence of the newcomers. The authors within this collection study these contestations from an interdisciplinary political science and international law perspective. Based on evidence from a broad range of policy areas, we address some of the crucial questions: What does it mean to be affected? How can affected groups meaningfully participate in international negotiations? Whose voices do still remain excluded? Ultimately, the authors chart whether the rising involvement of the 'most affected' will re-shape global politics and social struggles on the ground. Taking a dual political science and international law perspective, Affectedness and Participation in International Institutions will be of great interest to scholars of civil society in global governance, international law, and international institutions. This book was originally published as a special issue of Third World Thematics.

This book examines Taiwan's judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan's judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan's legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

Emma Goldman's Supreme Court appeal occurred during a transitional point for First Amendment law, as justices began incorporating arguments related to free expression into decisions on espionage and sedition cases. This project analyzes the communications that led to her arrest-writings in Mother Earth, a mass-mailed manifesto, and speeches related to compulsory military service during World War I-as well as the ensuing legal proceedings and media coverage. The authors place Goldman's Supreme Court appeal in the context of the more famous Schenck and Abrams trials to demonstrate her place in First Amendment history while providing insight into wartime censorship and the attitude of the mainstream press toward radical speech.

The study of contemporary forms of racism has expanded greatly over the past four decades. Although it has been a focus for scholarship and research for the past three centuries, it is perhaps over this more recent period that we have seen important transformations in the analytical frames and methods to explore the changing patterns of contemporary racisms. The Routledge International Handbook of Contemporary Racisms brings together thirty-four original chapters from international experts that address key features of contemporary racisms. The Handbook has a truly global orientation and covers contemporary racisms in both the western and non-western geopolitical environments. In terms of structure, the volume is organized into ten interlinked parts that include Theories and Histories, Contemporary Racisms in Global Perspective, Racism and the State, Racist Movements and Ideologies, Anti-Racisms, Racism and Nationalism, Intersections of Race and Gender, Racism, Culture and Religion, Methods of Studying Contemporary Racisms, and the End of Racism. These parts contain chapters that draw on original theoretical and empirical research to address the evolution and changing forms of contemporary racism. The Handbook is framed by a General Introduction and by short introductions to each part that provide an overview of key themes and concerns. Written in a clear and direct style, and from a conceptual, multidisciplinary and international perspective, the Handbook will provide students, scholars and practitioners with an overview of the most pressing issues of Racisms in our time.

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts between 2018-2020.  It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on important issues raised by international sports arbitration, and independent commentaries by academics and practitioners on the most important decisions of the CAS and national courts of the year, and in this particular case of the years 2018-2020. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.

Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication).

Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases.

Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.

Foundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law. Offering a detailed overview of the main themes and key aspects of International Commercial Law, this book is for readers who are new to the subject, whether undergraduate or postgraduate students, legal scholars, practitioners or policymakers.

This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author's substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

This collection presents an authoritative selection of the most important articles in law and economics literature, written by distinguished scholars such as Ronald Coase, Robert Cooter, Henry Manne, Steven Shavell and Oliver Williamson. The articles are arranged by theme into 12 sections, ranging across the entire spectrum of private and public law. 66 articles, dating from 1960 to 1995 Contributors: G. Becker, G. Calabresi, R. Coase, R. Cooter, H. Demsetz, R. Epstein, W. Landes, H. Manne, S. Shavell, G. Stigler, O. Williamson

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

International Trade Law Statutes and Conventions 2019-2021 presents all the key legislation for international trade law in one student-friendly volume. Developed in response to feedback from both lecturers and students, the book: provides an up-to-date, fully comprehensive collection of current legislation is curated to align with international trade law courses is an un-annotated text, conforming to regulations so that it can be used during exams features a clear and attractive text design, detailed table of contents, and multiple indices to provide ease of reference and navigation. Ideal for coursework, exam use, and general reference work, this is the perfect companion for anyone studying this important and fast-moving area of law.

International Trade Law Statutes and Conventions 2019-2021 presents all the key legislation for international trade law in one student-friendly volume. Developed in response to feedback from both lecturers and students, the book: provides an up-to-date, fully comprehensive collection of current legislation is curated to align with international trade law courses is an un-annotated text, conforming to regulations so that it can be used during exams features a clear and attractive text design, detailed table of contents, and multiple indices to provide ease of reference and navigation. Ideal for coursework, exam use, and general reference work, this is the perfect companion for anyone studying this important and fast-moving area of law.

The Kurdish people and the Kurdish Regional Government faced huge challenges rebuilding their nation and identity after the atrocities and human rights abuses committed by Saddam Hussein and his regime. In 2005 a new Iraqi constitution recognized as genocide the persecution of Faylee Kurds, the disappearance of 8,000 males belonging to the Barzanis and the chemical attacks of Anfal and Halabja paving the way to the investigations and claim by Kurdish people. This book provides in-depth analysis of the tensions caused by the Kurdish experience, the claim for the independence of a united Kurdistan and the wider tendency towards political and social fragmentation in Iraqi society.

This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.

Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting 'transnational law' as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory.

Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

This important new book deals with the changing nature of war in the post-Cold War era and the emergence of new forms of warfare in which warlords, mercenaries and terrorists play an increasingly important role.

In the modern era, warfare came to play a crucial role in the formation of states, whereas the new wars emerging at the beginning of the 21st century have mostly gone together with the failure or collapse of states. The author draws out the key shifts involved in this process: from symmetrical conflicts between states to asymmetrical global relationships of force; from national armies to increasingly private or commercial bands of warlords, child soldiers and mercenaries; from pitched battles to protracted conflicts in which there is often little fighting and most of the violence is directed against civilians. Changes in weapons technology have combined with complex economic factors to make the prospect of endlessly simmering wars a real danger in the years to come.

Against this background, the author outlines the rise of a novel form of international terrorism, conceived more as a political method of communication than as an element in a military strategy. The resulting challenges faced by Western governments, and the costs and benefits associated with any response, are taken up in a concluding section that contrasts the characteristic European and American approaches and examines the implications for the future of international law.

This book will be of important to students of political science, international relations, war and peace studies, conflict studies and peace studies. It will also appeal to the general reader with an interest inthis topical subject.

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

Emerging Pathogens at the Poles: Disease and International Trade Law explores the applicability and possible complicating issues of the SPS Protocol to the Polar Regions in light of emerging pathogeneses and unknown host and environmental susceptibility and resilience. It examines the current literature on emerging pathogeneses in the Arctic and Antarctic and the relationship pathogeneses has with human development and movement of goods and people in spreading pathogens in the Polar Regions. Given the endemic nature of the Polar environment and the increasing interest in these regions for tourism and industry, this topic is important to address. The major component of the work is on the relevance of the SPS Protocol and the GATT 1994 Article XX(b) exception on human, animal and plant health as a barrier to trade which is examined in the context of its application to the Arctic and Antarctic. This book is an introduction to the interdisciplinary thinking required, across both science and law, in order to appreciate the significance of global trade barriers in reducing disease transmission and spread. The spread of pathogens across boundaries has become an important geopolitical issue and the provisions of international trade law may prove decisive in limiting or exacerbating the spread of disease. Academics and students with initial knowledge of the international trade regime, or those with initial studies in health or Polar medicine, will find this cross-over a useful introduction to the complications of food, trade and disease.