Private foundations were incorporated into Panama's legal system as legal entities on 12 June 1995 by means of Law No. 25, la ley de Fundaciones de Interes Privada as a lex specialis. The law is virtually identical to former liberal Liechtenstein provisions governing family foundations, although new articles were added. The Switzerland foundation, in turn, served as a role model for Liechtenstein. In writing the book, the author aims to provide comprehensive information about Panamanian foundations and to compare them with their Liechtenstein counterparts from a legal perspective - with the aid of historical, systematic and grammatical interpretations.

Intellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law.

Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law.

Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.

This publication contains case studies on human and minority rights in the South Asian countries, including a special focus on the South Asian Association for Regional Cooperation (SAARC), and articles on different forms of National Human Rights Commission and Immigration to the UK and "new minorities". It is further complemented by an in-depth study on Autonomy, Kashmir and International Law. Assembling articles authored by leading scholars from both South Asia and Europe, the book will contribute to a mutual exchange of views on human and minority rights issues in South Asia. In particular, the book is aimed at increasing awareness and understanding of current developments in South Asia and, on this basis, at enhancing a constructive dialogue between representatives of the scientific community, policy-makers and civil society in Europe and their counterparts in South Asia.

The globalization process has foregrounded ethnic discrimination as an increasingly important area of law around the world. Allowing a better understanding of the issue of ethnic discrimination and inequality, this book offers a comparative analysis of legislation impacting ethnic equality in various Anglophone countries. It demonstrates that it is possible to achieve equality at both national and international levels. A compelling historical analysis of the North American Free Trade Agreement and the European Union Treaty is provided together with a detailed examination of diversity and the law. The book will interest practitioners and others interested in ethnic legal issues.

Wilhelm G. Grewe's "Epochen der Volkerrechtsgeschichte," published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field.

This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections:

• The Nature of International Law including the interaction between the disciplines of International Law and International Relations

• The Evolution of International Law progressing from the ancient world to present day.

• Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court

• Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism."

A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.

This book examines how international intelligence cooperation has come to prominence post-9/11 and introduces the main accountability, legal and human rights challenges that it poses. Since the end of the Cold War, the threats that intelligence services are tasked with confronting have become increasingly transnational in nature -- organised crime, the proliferation of weapons of mass destruction and terrorism. The growth of these threats has impelled intelligence services to cooperate with contemporaries in other states to meet these challenges. While cooperation between certain Western states in some areas of intelligence operations (such as signals intelligence) is longstanding, since 9/11 there has been an exponential increase in both their scope and scale. This edited volume explores not only the challenges to accountability presented by international intelligence cooperation but also possible solutions for strengthening accountability for activities that are likely to remain fundamental to the work of intelligence services. The book will be of much interest to students of intelligence studies, security studies, international law, global governance and IR in general.

The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent. The volume is divided into five parts covering: Legal Pluralism and African Legal Systems The State, Institutions, Constitutionalism, and Democratic Governance Economic Development, Technology, Trade, and Investment Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, and graduate and undergraduate students studying this ever-evolving field.

Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains 'unspeakable', particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is 'remembered', it is often the subject of political controversy and heated debate. In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do 'counter-memories' of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict. Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.

When state A, in which an arbitral award was rendered, decides to annul the award in accordance with its national laws, it does not necessarily mean the award is effectively null and void. Rather, the initially prevailing party X may still be granted enforcement of the award in state B. The situation gets even worse, if a second arbitration is conducted in state A, this time rendering an award in favour of the former underlying party Y. Now party Y may in turn - successfully - seek the enforcement of the second award. This book aims to analyse the legal framework and the national case law resulting in such out-comes and gives recommendations how legal certainty may be assured - de lege lata and de lege ferenda.

Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.

Although the adoption of market reforms has been a key factor leading to China's recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining 'micro' or interpretive methods with 'macro' or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

This book unmasks the cultural and gender stereotypes that inform the legal regulation of the migrant. It critiques the postcolonial perspective on how belonging and non-belonging are determined by the sexual, cultural, and familial norms on which law is based as well as the historical backdrop of the colonial encounter, which differentiated overtly between the legitimate and illegitimate subject.

The complexities and layering of the migrant 's existence are seen, in the book, to be obscured by the apparatus of the law. The author elaborates on how law can both advance and impede the rights of the migrant subject and how legal interventions are constructed around frameworks rooted in the boundaries of difference, protection of the sovereignty of the nation-state, and the myth of the all-embracing liberal subject. This produces the Other and reinforces essentialised assumptions about gender and cultural difference.

The author foregrounds the perspective of the subaltern migrant subject, exposing the deeper issues implicated in the debates over migration and the rights claims of migrants, primarily in the context of women and religious minorities in India.

This volume addresses the emergence of multiple legal and law-like arrangements that alter the interaction between states, their delegated agencies, international organizations and non-state actors in international and transnational politics. Political scientists and legal scholars have been addressing the 'legalization' of international regimes and international politics, and engaging in interdisciplinary research on the nature, the causes and the effects of the norm driven controls over different areas and dimensions of global governance. Written by leading contributors in the field, the book claims that the emergence and spread of legal and law-like arrangements contributes to the transformation of world politics, arguing that 'legalization' does not only mean that states co-operate in more or less precise, binding and independent regimes, but also that different types of non-state actors can engage in the framing, definition, implementation and enforcement of legal and law-like norms and rules. To capture these diverse observations, the volume provides an interpretative framework that includes the increase in international law-making, the variation of legal and legalized regimes and the differentiation of legal and law-like arrangements. Law and Legalization in Transnational Relations is of interest to students and researchers of international politics, international relations and law.

The international trade regulatory system is a dynamic system that has been evolving throughout its history. Tension and conflict are part of the system. While calls for the abolition of the principal trade regulation authority, the WTO, have failed to understand this nature of the system, proponents for reforms have so far not paid sufficient attention to the evolving nature of tension and conflict. This book examines the evolving dynamics in international trade regulation from the conclusion of GATT in 1947 to the current crisis facing the WTO, from a perspective of emerging powers of developing countries with a focus of China as the latest force that demands reforms of the international trade regulatory regime. There is an extensive body of scholarship on ideological struggles, the rise of developing countries, geopolitical contest, the emerging powers (especially China), the use, misuse or abuse of trading rules, etc. There is however a lack of a single concise research book that synthesises these underlying causes and factors into a coherent and precise analytical theme. This book attempts to fill this research gap by building upon the existing scholarship and placing the various tensions and conflicts in a perspective that treats them as dynamic factors that have propelled a continuing process of evolution of the international trade regulation. The book will interest those researching on international trade regulation and as well as development studies.

Starting from the principal-agent perspective, this book offers a new analysis of government. It interprets political institutions as devices designed to solve the omnipresent principal-agent game in politics. In other words how to select, instruct, monitor and evaluate political agents or elites so that they deliver in accordance with the needs and preferences of their principal: the population. This book explores whether there are any evolutionary mechanisms in politics which guide mankind towards the rule of law regime, domestically and globally. It combines a cross-sectional approach with a longitudinal one. Comparing the extent of the rule of law among states, using a set of data from 150 countries concerning political and social variables, the author seeks to understand why there is such a marked difference among states. Taking a state-centred perspective and looking at countries with a population larger than one million people during the post Second World War period, the book examines: The stability and performance of states The conditions for the rule of law regime: economic, social, cultural and institutional ones The evolution of governments towards rule of law Comparative Politics - The Principle-Agent Perspective will be of interest to students and scholars of comparative politics, government, political theory and law.

Electronic signature legislation seeks to facilitate e-commerce by providing an electronic equivalent to handwritten signatures in paper-based contracts. However, electronic signature legislation enacted in the past years in different jurisdictions has followed a dissimilar approach. In light thereof, this book analyzes the legal validity of electronic signatures in international contracts potentially subject to divergent electronic signature regulation. To this end, four major issues are addressed: the technological and legal concept of electronic signatures; the legal regulation of electronic signatures; the determination of the electronic signature legislation that will be applicable to an international contract; and, finally, the implications of applying one electronic signature law or another. The research covers the laws of Argentina, Germany and the United States of America as well as international conventions.

As the NATO Alliance enters its seventh decade, it finds itself involved in an array of military missions ranging from Afghanistan to Kosovo to Sudan. It also stands at the center of a host of regional and global partnerships. Yet, NATO has still to articulate a grand strategic vision designed to determine how, when, and where its capabilities should be used, the values underpinning its new missions, and its relationship to other international actors such as the European Union and the United Nations.

The drafting of a new strategic concept, begun during NATO's 60th anniversary summit, presents an opportunity to shape a new transatlantic vision that is anchored in the liberal democratic principles so crucial to NATO's successes during its Cold War years. Furthermore, that vision should be focused on equipping the Alliance to anticipate and address the increasingly global and less predictable threats of the post-9/11 world.

This volume brings together scholars and policy experts from both sides of the Atlantic to examine the key issues that NATO must address in formulating a new strategic vision. With thoughtful and reasoned analysis, it offers both an assessment of NATO's recent evolution and an analysis of where the Alliance must go if it is to remain relevant in the twenty-first century.

This book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.

Our knowledge of crime is based on three types of sources: the criminal justice system, victims, and offenders. For technological and other reasons the criminal justice system produces an increasing stream of information on crime. The rise of the victimization survey has given the victims a much larger role in our study of crime. There is, however, no concomitant development regarding offenders. This is unfortunate because offenders are the experts when it comes to offending.In order to understand criminal behavior, we need their perspective.

This is not always a straightforward process, however, and information from offenders is often unreliable. This book is about what we can do to maximise the validity of what offenders tell us about their offending. Renowned experts from various countries present their experiences and insights, with a clear focus on methodological issues of fieldwork among various types of offender populations. Each contribution deals with with a few central issues:

• How can offenders be motivated to participate in research?
• How can offenders be motivated to tell the truth on their offending?
• How can the information that offenders provide be checked and validated?
• What can we learn from offenders that cannot be accessed from other sources?
• With the aim of obtaining valid and reliable information, how, where and under which conditions should we observe offenders and talk to them?

Alî Abd ar-Râziqs Werk Der Islam und die Grundlagen der Herrschaft gehört zu den Schriften muslimischer Autoren des frühen 20. Jahrhunderts, die den Diskurs um das Verhältnis von Staat und Politik im Islam wesentlich mitgeprägt haben. Der Verfasser, selbst Azhar-Gelehrter und Richter am Islamischen Gericht von al-Mansûra (Ägypten), begründet aus der islamischen Tradition heraus die politische Verankerung des Kalifats und der Kalifen. Das Kalifat verliert damit seinen religiösen Schein und wird zur einfachen Herrschaftsform. Diese Theorie wirkte zunächst schockierend auf viele Muslime und auf die Mehrheit der islamischen Rechts- und Religionsgelehrten. Alî Abd ar-Râziq verlor alle Ämter, sein Buch wurde auf den Index gesetzt. Auch in den aktuellen Auseinandersetzungen innerhalb und außerhalb der islamischen Welt um Demokratie und Menschenrechte vermittelt das Werk bis heute interessante Ansatzpunkte.

This book examines recognition of new states, the practice historically employed to regulate membership in international society. The last twenty years have witnessed new or lingering demands for statehood in different areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Croatia, Georgia and East Timor, have achieved general recognition; those of others, like Kosovo, Tamil Eelam, South Ossetia, Abkhazia and Somaliland, have not. However, even as most of these claims gave rise to major conflicts and international controversies, the criteria for acknowledgment of new states have elicited little systematic scholarship.
Drawing upon writings of English School theorists, this study charts the practice from the late eighteenth century until the present. Its central argument is that for the past two hundred years state recognition has been tied to the idea of self-determination of peoples. Two versions of the idea have underpinned the practice throughout most of this period--self-determination as a negative and a positive right. The negative idea, dominant from 1815 to 1950, took state recognition to be acknowledgment of an achievement of de facto statehood by a people desiring independence. Self-determination was expressed through, and externally gauged by, self-attainment. The positive idea, prevalent since the 1950s, took state recognition to be acknowledgment of an entitlement to independence in international law. The development of self-determination as a positive international right, however, has not led to a disappearance of claims of statehood that stand outside of its confines. Groups that are deeply dissatisfied with the countries in which they presently find themselves continue to make demands for independence even though they may have no positive entitlement to it. The book concludes by expressing doubt that contemporary international society can find a sustainable basis for recognizing new states other than the original standard of de facto statehood.

Gender and Transitional Justice provides the first comprehensive feminist analysis of the role of international law in formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children 's rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives.

This book provides a gendered analysis of transitional justice as a discipline. It is also one of the first studies to offer a comprehensive case study of how women engaged in the whole range of transitional mechanisms in a post-conflict state, i.e. domestic trials, internationalised trials and truth commissions. The book reveals the political dynamics in a post-conflict setting around gender and questions of justice, and reframes of the meanings of success and failure of international interventions in the light of them.

This book examines international and European protection of the right to strike. In particular, it focuses on the extent to which the International Labour Organisation, the Council of Europe and the European Union have set standards designed to protect those who organise or participate in industrial action.

In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and 'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions.