Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.

In a moment where the EU is facing an important number of challenges, there is growing interest in understanding how parties influence the way Europe evolves as a political issue, notably how parties structure domestic competition over European issues and they mobilise sentiments in referenda over European integration . This book examines the views of national parties towards the European Union and the different facets of a supranational citizenship. It provides an in-depth investigation into the variations to the cross-national patterns in ten countries, including old and new member states and different EU regions. Using original and innovative concepts, data and research techniques the authors: Explore whether parties formulate specific positions and preferences on the most particular aspects of the EU process. Investigate whether the party's stance could be inserted into more pro-European, or more Eurosceptical attitudes. Illustrate patterns of party contestation of the EU issues in the member states and explains these patterns in the light of the main theoretical arguments. Making an important contribution to party attitudes towards the EU and the Europeanisation of party politics, this book will be of interest to students and scholars of European politics, sociology, comparative politics, government and party politics

This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country's security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly. Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone's post-conflict recovery.

This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries' experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is appropriate in relation to the technological development in ICTs.

It is often argued that international financial regulation has been substantially strengthened over the past decades through the international harmonization of financial regulation. There are, however, still frequent outbreaks of painful financial crises, including the recent 2008 global financial crisis. This raises doubts about the conventional claims of the strengthening of international financial regulation. This book provides an in-depth political economy study of the adoptions in Japan, Korea and Taiwan of the 1988 Basel Capital Accord, the now so-called Basel I, which has been at the center of international banking regulation over the past three decades, highlighting the domestic politics surrounding it. The book illustrates that, despite banks' formal compliance with the Accord in these countries, their compliance was often cosmetic due to extensive regulatory forbearance that allowed their real capital soundness to weaken. Domestic politics thus ultimately determined national implementations of the Accord. This book provides its novel innovative study of the Accord through scores of interviews with bank regulators and analysis of various primary documents. It suggests that the actual effectiveness of international financial regulation relies ultimately on the domestic politics surrounding it. It implies as well that the past trend of international harmonization of financial regulation may be illusory, to at least some extent, in terms of its actual effectiveness. This book may interest not only political economists but also scholars working on the intersection of law, economics and institutions.

Commentators have shown how a 'culture of security' ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.

When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

With the fall of communism and the appearance of a new world order, it is hoped that the United Nations will become the principle organisation for the regulation of relations between states as well as for the settlement of conflict. The recent crises over Iraq and the continued bloodshed in the former Yugoslavia have ensured a higher profile for the United Nations but have at the same time placed great pressure on that organisation to resolve conflict and organise relations between states in a manner that is acceptable to the international community. The essays collected in this volume are published in conjunction with the International Law Group. Providing valuable statements of the fundamentals of international law from leading authorities, they re-examine the Declaration of Principles of International Law Governing Friendly Relations Between States. The Declaration is the nearest thing that states have to an international constitution and embodies the fundamental values of the international legal system. The great changes in the international system since 1989 hold out the prospect of the reinvigoration of the Charter, perhaps for a new system of international legal relations, and make the reconsideration of the Declaration particularly timely.

This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court's judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court's contribution and clarification of this functional interplay. The systematic analysis of the Court's jurisprudence makes this book essential reading for those involved with and studying international law and justice.

Multidisciplinary focus Surveying many disciplines, this anthology brings together an outstanding selection of scholarly articles that examine the profound impact of law on the lives of women in the United States. The themes addressed include the historical, political, and social contexts of legal issues that have affected women's struggles to obtain equal treatment under the law. The articles are drawn from journals in law, political science, history, women's studies, philosophy, and education and represent some of the most interesting writing on the subject. The law in theory andpractice Many of the articles bring race, social, and economic factors into their analyses, observing, for example, that black women, poor women, and single mothers are treated by the wielders of the power of the law differently than middle class white women. Other topics covered include the evolution of women's legal status, reproduction rights, sexuality and family issues, equal employment and educational opportunities, domestic violence, pornography and sexual exploitation, hate speech, and feminist legal thought. A valuable research and classroom aid, this series provides in-depth coverage of specific legal issues and takes into account the major legal changes and policies that have had an impact on the lives of American women.

Spain and the United States both experienced extremely bloody and divisive civil wars that left social and emotional wounds, many of which still endure today. In Uncommonly Savage, award-winning historian Paul Escott considers the impact of internecine violence on memory and ideology, politics, and process of reconciliation. He also examines debates over reparation or moral recognition, the rise of truth and reconciliation commissions, and the legal, psychological, and religious aspects of modern international law regarding amnesty.

The image of the pirate is at once spectral and ubiquitous. It haunts the imagination of international legal scholars, diplomats and statesmen involved in the war on terror. It returns in the headlines of international newspapers as an untimely 'security threat'. It materializes on the most provincial cinematic screen and the most acclaimed works of fiction. It casts its shadow over the liquid spatiality of the Net, where cyber-activists, file-sharers and a large part of the global youth are condemned as pirates, often embracing that definition with pride rather than resentment. Today, the pirate remains a powerful political icon, embodying at once the persistent nightmare of an anomic wilderness at the fringe of civilization, and the fantasy of a possible anarchic freedom beyond the rigid norms of the state and of the market. And yet, what are the origins of this persistent 'pirate myth' in the Western political imagination? Can we trace the historical trajectory that has charged this ambiguous figure with the emotional, political and imaginary tensions that continue to characterize it? What can we learn from the history of piracy and the ways in which it intertwines with the history of imperialism and international trade? Drawing on international law, political theory, and popular literature, The Pirate Myth offers an authoritative genealogy of this immortal political and cultural icon, showing that the history of piracy - the different ways in which pirates have been used, outlawed and suppressed by the major global powers, but also fantasized, imagined and romanticised by popular culture - can shed unexpected light on the different forms of violence that remain at the basis of our contemporary global order.

Social Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, Social Movements, Law and the Politics of Land Reform unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law's progressive potentialities.

General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors' assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors' rights to an efficient enforcement with the debtors' rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors' assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.

This is the second edition of a treatise which examines the law applied by international administrative tribunals in the field of employment relations between international organizations and their staff. The second edition has been substantially revised to take account of a great deal of new law and practice. Both the first and second volumes have been revised and are now free standing.

This widely acclaimed treatise examines the law as it is applied by international administrative tribunals in the field of employment relations between international organizations and their staffs. In this second edition, the text has been substantially revised to incorporate new laws and practices. Volume I covers general principles, while Volume II addresses specific subjects such as appointment systems, disciplinary measures, contracts, and salary scales. Each volume is effective on its own, but the two volumes combined form what is undoubtably the most lucid and comprehensive study of international civil service law.

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people's complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation - thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

European integration is an open-ended, ongoing process which has been deeply challenged by integral world capitalism. This study explores the present EU foundational dilemma, looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. Including contributions from leading theorists, this volume explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action. The authors discuss the current role of the EU, and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining. The chapters question whether the future of European integration after the crisis will be paved by decisions which conflict with its Treaty basis, and how it might come up with alternatives which would do more than echo the compulsions of the global market. Issues are analysed from a historical perspective to see what can be learnt from its past and to explore the options for the future. With contributions from prominent international legal and political scholars, the book will be of interest to academics, students and policy-makers working in these areas.

This book argues that the institution of private property is anthropocentric and needs to be reconceived. Drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature.

The dominant rights-based interpretation of private property entrenches the idea of human dominion over nature. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. "Earth Jurisprudence: Private Property and the Environment" explores how an alternative conception of property might be instead grounded in the eco-centric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. Using the theory of Earth Jurisprudence as a guide, this book outlines an alternative eco-centric description of private property, as a relationship between and among members of the Earth community.

This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in Earth Jurisprudence.

In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.

Based on an analysis of the diplomatic practice of states, and decisions by national and international courts, this book explores the different meanings of the term `recognition' and its variants in international law. It is an important contribution to the current literature because so little has been written in this field in recent years. The author analyses the effect of recognition on the legal status of foreign authorities, particularly of those authorities in exile which are recognized as a government. In so doing, he covers material which is of significant historical interest, as well as highly topical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike.