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 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.

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.

This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies. The book examines whether non-doctrinal methods promise certainty and objectivity. Chapters explore how adopting social research methods allows artificial landscapes of international law to be constructed, with the aim of aiding our understanding of its normative content. In doing so, the contributors place the normative content of international law into the realm of scientific investigation, providing a critical distance from its principled roots. This insightful book argues that any research methodology, whether doctrinal or non-doctrinal, involves a necessarily partial and incomplete vision of international law. Hence, the critical variation provided by non-doctrinal methods is a useful means for supplementing, rather than replacing, doctrinal analysis. Accessible and engaging, Pluralising International Legal Scholarship will be a key resource for international law scholars, especially those specializing in legal methods. The interdisciplinary nature of the study will also appeal to students and academics working in the fields of international relations, international organization and social research methodology. Contributors include: R. Deplano, M. Dordeska, E.A. Faulkner, G. Gentile, H. Lai, S. Landefeld, G.M. Lentner, L. Lonardo, A. Magaria, J. Ostransky

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.

The concept of 'organised crime' is constructed and mobilised by a milieu of complex factors and discourses including a politics of law and order, and international insecurity, combined with the vested interests and priorities of scholars, politicians, government officials, and policing authorities. This book challenges existing assumptions and accepted understandings of organised crime, and explores the ways in which it is amplified and reconstructed for political purposes. This book critiques how the constitution of the 'organised crime problem' in academic and political discourse provides the conditions necessary for the development of an extensive and international architecture of law, policing, surveillance and intelligence. It examines emerging challenges and future directions including the impact of technology on new problems, and for transnational policing, such as the ease with which the Internet enables crime to be committed across borders, and for electronic communications to be protected with strong encryption hampering interception. No other text presents an integrated and comprehensive study of both the politicisation and policing of organised crime, while questioning the outcomes for society at large. Drawing on international fieldwork and interviews with senior national and supranational policing personnel, this book compares and contrasts various narratives on organised crime. It will be of interest to students and researchers engaged in studies of criminology, criminal justice, organised crime, policing, and law.

For over half a millennium global law has been central to the practice and analysis of international relations. How has the use of global law shaped international relations of the past and present and how will it shape the future? This work assembles the key articles that have defined the scholarly field of global law to explore customs, treaties and international institutions, the roles they have played in international relations and the effect they have had and will continue to have in the international system. With a wide range of articles covering the classic debates of the role of global law, as well as introducing case studies of the applications of global law, it allows one to ask what the future of global law will be.

Commonwealth Caribbean Law and Procedure: The Referral Procedure under Article 214 RTC in the Light of EU and International Law is about the referral procedure set out in Article 214 of the Revised Treaty of Chaguaramas (RTC), which Treaty established the Caribbean Community Single Market and Economy (CSME). Article 214 RTC bears clear parallels to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the most important being that that both articles pursue the same objective, i.e. they seek to ensure that CSME law and EU law, respectively, are uniformly applied in all Member States. Although Article 214 RTC was inspired by, and modelled on, Article 267 TFEU, it is not its exact replica. The similarities and differences between Article 214 RTC and Article 267 TFEU are critically assessed in this book. Also, the book: Examines how Article 214 RTC operates in the Caribbean context, how it interacts with other provisions of the RTC, and how it fits into the various national legal systems of the Member States of the CSME. Explores possible reasons why, so far, national courts of the Member States of the CSME have not made any referrals to the Caribbean Court of Justice (CCJ). Puts Article 214 RTC in a comparative perspective; in particular, the book compares and contrasts it with Article 267 TFEU. Examines some of the aspects of Article 214 RTC in the light of public international law, bearing in mind that under Article 217(1) RTC, the CCJ is required, when exercising its original jurisdiction under Article 211 RTC, to "apply such rules of international law as may be applicable." This is to ensure that the CCJ will not bring in a finding of non liquet on the ground of silence or obscurity of CSME law, which Article 217(2) RTC expressly prohibits. This book will be of interest to academics and students studying CSME law, EU law, and comparative law, as well as judges, lawyers, and governmental and non-governmental organizations from the Caribbean region.

This book gathers Polish and foreign scholars to consider diverse aspects of Transatlantic Trade and Investment Partnership (TTIP). It examines key general areas such as the improvement of the position of the negotiating parties in the world economy, in politics and in international organisations. The contributors analyze possible acceleration of non-discriminatory liberalisation negotiations, creation of new international standards or reducing regulatory differences, such as "Investor-state dispute settlement" (ISDS), public health, geographical indications. The contributions focus also on specific issues, such as the impact of TTIP on Polish and EU economy, on merchandise and services trade, energy supply, research and development, Information and Communication Technologies (ICT), or on the third parties.

This book examines global environmental governance and how legal, institutional, and conceptual reform can facilitate a transformation to a new 'natural-systems' form of agriculture. Profound global climate disruption makes it essential that we replace our current agricultural system - described in this book as a fossil-carbon-dependent 'modern extractive agriculture' - with a natural-systems agriculture featuring perennial grains growing in polycultures, thereby mimicking the natural grassland and forest ecosystems that modern extractive agriculture has largely destroyed. After examining relevant international legal and conceptual foundations (sovereignty, federalism, global governance) and existing international organizations focusing on agriculture, the book explores legal and institutional opportunities to facilitate dramatic agricultural reform and ecological restoration. Among other things, it explains how innovative federalism structures around the world provide patterns for reorienting global environmental governance, including what the book calls eco-states that would, through exercise of pluralistic sovereignty, be responsible for agroecological management. Drawing from his experience working in international institutions, the author provides detailed global-governance proposals for facilitating the type of agricultural reform that can help avoid ecological collapse, especially through soil degradation and climate change. This book will be of great interest to students and scholars of international law, agroecology, climate change, ecological restoration, sustainable development, and global governance, as well as policy-makers and practitioners working in these fields.

Assessing the formation process of the International Criminal Court (ICC), this study provides a fuller and richer understanding of this institution. It does so by adopting three analytical approaches: neoliberal institutionalism, regime theory and global governance. Examining the implications of the ICC, the volume draws conclusions about the changing nature of world politics in terms of conflict management, authority, governance and actor relevance. It is highly suitable for courses and research in humanitarian and international law, international relations theory, globalization, global governance and regime formation.

The technology of offshore carbon dioxide capture and storage (CCS) is likely to be deployed on a commercial scale soon. CCS technology could be used to limit global temperature rise to less than 2 DegreesC above the pre-industrial level. However, such projects entail many environmental risks, and their effectiveness for the mitigation of climate change is disputed. This book tries to clarify open legal questions regarding European offshore CCS projects in the context of international and regional maritime and climate protection law as well as relevant European legislation. Taking the remaining scientific uncertainty into account, this book concludes that the permission and encouragement of offshore CCS projects is highly problematic from an international environmental law perspective.

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.

Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.

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.

This book explores the 'backstage' of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the 'backstage' as emblematic of transnational legal practice. Expanding the focus of transnational legal scholarship, the book explores the seemingly mundane procedures which are often taken for granted, despite being widely recognized as part of what it means to 'do transnational law'. Adopting various methodologies and approaches, each chapter focuses on one specific practice: for example, mooting exercises for law students, international travel, transnational time, the social media activities of lawyers and legal scholars, and the networking at the ICC's annual Assembly of States Parties. In and of themselves, these chapters each provide unique insights into what happens before the curtain rises and after it falls on the familiar 'outputs' of transnational law. It does more, however, than provide a range of different practices: it takes the next step in theorizing on the importance of the marginal and the everyday for what we 'know' to be 'the law' and what the international legal field looks like. Furthermore, by interrogating undiscussed academic practices, it provides students with a candid view on the perils and promises of transnational legal scholarship, inviting them to join the discussion and to practice their discipline in a more reflexive way. Written in an accessible format, containing a readable collection of personal and recognizable accounts of transnational legal practice, the book provides an everyday insight into transnational law. It will therefore appeal to international legal scholars, alongside any reader with an interest in transnational law.

Originally published in 2005. It is now possible to identify, within the discipline of law, a distinct body of international commercial law. This engaging book consists of a wide-ranging series of essays which demonstrates the breadth and scope of the subject matter of international commercial law. Many of the themes identified bridge both national and international commercial law. The volume consists of three parts: Credit and Security; Contractual Issues; International Commercial Regulation. It is evident that international commercial law is concerned with private and public law within which there are particular disciplines ranging from banking law, e-commerce, intellectual property, insolvency and increasingly international regulation through criminal law extending beyond frontiers.

The Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international), this book centres on the workable ambivalence of such a far-reaching phenomenon. While juridification certainly intensifies the power and competences of judicial bodies to the disadvantage of representative political institutions, it cannot be easily reduced to the demise of democratic politics. By focusing on the multiple ways in which social agents make use of the law, The Politics of Juridification teases out the agential and transformative aspects of the various negotiations social agents engage with legal institutions with a view to obtaining political visibility. In particular, the book homes in on two seemingly distinct phenomena: on one hand, the regulation of sexuality and emerging kinship formations; on the other, the fragmentation of legal settings due to the claims to legal autonomy advanced by sub-state cultural and religious groups. By doing so, the book makes the case for an unexpected convergence between the struggles for legal recognition of sexual minorities and religious and cultural minorities. The conclusion is that juridification does entail normalization and favour the infiltration of law into the social realm. But because of its ambivalent nature, it can and does serve as an alternative vehicle for social change - one that attaches more importance to how social agents produce law on a daily basis and how this law permeates official legal orders.

This book looks at how legal frameworks can and do reduce risks arising out of disasters. The volume: analyses existing disaster laws and the challenges on the ground; brings together case studies from some of the most vulnerable regions; and proposes solutions to avert existing and possible future crises. The book offers appropriate legal frameworks for disaster management which could not only offer sustainable institutional reforms towards community resilience and preparedness but also reduce risk within the frameworks of justice, equity and accountability. It examines the intricacies of governance within which governments function and discusses how recent trends in infrastructure development and engineering technology could be balanced within the legal principles of ethics, transparency and integrity. The chapters in the volume suggest that legal frameworks ought to resonate with new challenges of resource management and climate change. Further, these frameworks could help secure citizens' trust, institutional accountability and effective implementation through an unceasing partnership which keeps the community better prepared and more resilient. This volume will be indispensable to scholars and researchers of disaster management, law, public policy, environment and development studies as well as policymakers and those in administrative, governmental, judicial and development sectors.

This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law's continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women's rights. Part of the prestigious 'Transition in Northeastern India' series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.

This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a 'shared governance'. It reflects states' reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.

"Between Law and Diplomacy" crafts an insider's look at international trade disputes at one of the most important institutions in the global economy--the World Trade Organization. The WTO regulates the global rules for trade, and--unique among international organizations--it provides a legalized process for litigation between countries over trade grievances.
Drawing on interviews with trade lawyers, ambassadors, trade delegations, and trade jurists, this book details how trade has become increasingly legalized and the implications of that for power relations between rich and poor countries. Joseph Conti looks closely at who uses the system to initiate and pursue disputes, who settles and on what terms, and the relative disconnect between pursuing a dispute and what a country gains through efforts to gain compliance with WTO dictates. Through this inside look at the process of disputing, Conti provides fresh perspective on how and why the law authorizes the use of specific resources and tactics in the ever unfolding struggle for control in the global economy.

The European Union is a key participant in international organisations with its involvement taking different forms, ranging from full membership to mere observer. Moreover, there is also not only one status of observer, but different ones depending on the constituent charters of the organisations. This book provides a comprehensive overview of the participation of the EU in five international organisations: the UN, the ILO, the WTO, the WHO and the WIPO. It identifies its role and influence in diverse areas of global governance, such as foreign policy, peace, human rights, social rights, trade, health and intellectual property. EU and international experts, diplomats and scholars have contributed to this book to give an overview of the different aspects linked to the participation of the EU in these organisations and to the coordination that takes place internally with its Member States. They also examine the EU's actual influence in the various areas and its contribution to global governance. The combination of these two dimensions allows the work to identify the strengths and weaknesses of the participation of the EU in these five international organisations. The book provides valuable insights for scholars, policymakers and is useful for representatives of other international organisations and civil society actors.

Violations of international law and human rights laws are the plague of the twentieth and twenty-first centuries. People's inhumanity to people escalates as wars proliferate and respect for human rights and the laws of war diminish. In Decoding International Law: Semiotics and the Humanities, Professor Susan Tiefenbrun analyzes international law as represented artfully in the humanities.
Mass violence and flagrant violations of human rights have a dramatic effect that naturally appeals to writers, film makers, artists, philosophers, historians, and legal scholars who represent these horrors indirectly through various media and in coded language. This reader-friendly book enables us to comprehend and decode international law and human rights laws by interpreting meanings concealed in great works of art, literature, film and the humanities. Here, the author adopts an interdisciplinary method of interpretation based on the science of signs, linguistics, stylistics, and an in-depth analysis of the work's cultural context.
This book unravels the complexities of such controversial issues as terrorism, civil disobedience, women's and children's human rights, and the piracy of intellectual property. It provides in-depth analyses of diverse literary works: Joseph Conrad's The Secret Agent and the movie Hotel Rwanda (both representing terrorism); Martin Luther King's Letter from Birmingham Jail; two documentary films about women and family law in Iran, Divorce Iranian Style and Two Women; Lisa See's Snow Flower and the Secret Fan (women's human rights and human trafficking in China); Uzodinma Iweala's Beasts ofNo Nation (shedding light on child soldiering and trafficking in Africa), and much more.