Since the beginnings of international law, the law of the sea has been of paramount importance for international trade. Yet this area of law and international trade regulations have developed as two distinct areas with little interface with each other. As the GATT/WTO emerged in parallel to the LOS Convention since the 1970s, both bodies have made extensive efforts in international treaty making. However, the relationship between trade regulations and the law of the sea has hardly been explored. The author examines some key aspects of this relationship, in particular port entry, access to cargo in coastal shipping (cabotage) and access to cargo in international shipping. The inclusion of services in WTO law will render this relationship of great importance in the future as the agreement extensively covers maritime transport. It is just a matter of time until the current exclusion of maritime transport under special exemptions will be reviewed in future negotiations. The book provides the background and a normative basis for approaching some of the problems which members of the WTO will have to address in coming years. It also deals briefly with the problem of choice of law and competing jurisdictions between trade law and maritime law.

Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.

The ongoing crisis in Darfur, Sudan has stimulated a huge amount of political and academic interest across the world. The crisis has been both reflective and constitutive of key areas of contestation and change within contemporary international society.

This book examines the crisis in Darfur as a case study of some of the wider debates currently taking place within International Relations theory. Using the conceptual framework developed by English School theorists, specifically their concept of international society and the related idea of "good international citizenship," this book examines a wide range of issues: foreign policy analysis, theories of norm diffusion, international organizations, peace operations, international criminal justice and war law, the causes and nature of contemporary warfare, and the international relations of Africa.

Making an important contribution to the debate about the meaning and limits of international society, this book will be of interest to students and scholars international relations theory, international security, foreign policy, international organizations, human rights, African politics, genocide studies and international law.

Over the past ten years, the corporate governance environment in East Asia has undergone a significant transformation. The Asian Financial crisis, together with Japan's long economic malaise, undermined confidence in the corporate structures, governance practices, and regulatory oversight of firms in the region. Since that time, each of the countries in the region has been a hotbed of legislative, judicial, and market activity in the realm of corporate governance. This book takes stock of the most important recent corporate governance changes in the region and the challenges still to be overcome. The contributors pursue this objective, not by describing laundry lists of legal reforms and problems, but by focused in-depth legal analysis on specific issues facing the separate systems in the wake of - sometimes in spite of - the voluminous reforms and market changes of the past decade. Written by the leading corporate law scholars and policy advisors in East Asia and some of the most renowned scholars of comparative corporate governance in the United States, the papers are methodologically united in their careful attention to the impact, and limitations, of legal reforms on corporate governance in East Asia today.

Today's world is crowded with international laws and institutions that govern the global economy. This post-World War II accumulation of hard multilateral and soft plurilateral institutions by no means constitutes a comprehensive, coherent and effective system of global economic governance. As intensifying globalization thrusts many longstanding domestic issues onto the international stage, there is a growing need to create at the global level the more comprehensive, coherent and effective governance system that citizens have long taken for granted at home. This book offers the first comprehensive look at this critical question of international relations. It examines how, and how well, the multilateral organizations and the G8 are dealing with the central challenges facing the contemporary international community, how they have worked well and poorly together, and how they can work together more effectively to provide badly needed public goods. It is an ideal reference guide for anyone interested in institutions of global governance.

This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic.

In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context.

This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.

Edited and contributed to by a collection of eminent international scholars in the field, this is the first book to explore the gendered aspects of risk. It analyzes what is currently known and identifies some of the new directions and challenges for research and theory that emerge from thinking of risk as a governmental technique; as a form of consciousness and action and as a political issue, shaped by, and shaping gender in contemporary society.

The world's cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects.

As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.

How do states prevent the recognition of territories that have unilaterally declared independence? At a time when the issue of secession is becoming increasingly significant on the world stage, this is the first book to consider this crucial question. Analysing the efforts of the governments of Serbia, Georgia, and Cyprus to prevent the international recognition of Kosovo, South Ossetia, Abkhazia, and northern Cyprus the work draws on in depth interviews with a number of leading policy makers to explain how each of the countries has designed, developed, and implemented its counter secession strategies. After explaining how the principle of the territorial integrity of states has tended to take precedence over the right of self-determination, it examines the range of ways countries facing a separatist threat can prevent recognition by other states and considers the increasingly important role played by international and regional organisations, especially the United Nations, in the recognition process. Additionally, it shows how forms of legitimisation or acknowledgement are also central elements of any counter-recognition process, and why steps to prevent secessionist entities from participating in major sporting and cultural bodies are given so much attention. Finally, it questions the effects of these counter recognition efforts on attempts to solve these territorial conflicts. Drawing on history, politics, and international law this book is the first and only comprehensive account of this increasingly important field of foreign policy.

Have we gone too far in enacting laws, promulgating regulations and announcing policies that threaten freedom of association, either now or 'in waiting' for the future? Regulation of the Voluntary Sector focuses on the legal and political environment for civil society in an era in which counter-terrorism policy and law have challenged civil society and civil liberties in a number of countries. The ways in which counter-terrorism law and policy affect civil society can and do differ dramatically by country and region. Through the lens of developments since September 11th, Mark Sidel provides the first comparative analysis of state responses to voluntary sector activity. Comparing the situations in the UK and the US, as well as in Australia, Canada, India and within the European Union, he surveys the increasing efforts to delimit and restrict voluntary sector activities - such as fundraising and grant-making - as well as opposition to them.

In the context of global efforts to control the production, distribution and use of narcotic drugs, China's treatment of the problem provides an important means of understanding the social, political, and economic limits of national and international policies to regulate drug practices. In the nineteenth and early twentieth centuries, China was known for its national addiction to opium, but its drug-eradication campaigns from the 1950s to the 1970s achieved unprecedented success that ultimately transformed China into a "drug-free" society. However, since the economic reforms and open-door policy of the late twentieth century, China is now facing a re-emergence of the production, use and trafficking of narcotic drugs. Employing case studies and a comparative historical approach, and drawing on a variety of data sources including historical records, official crime data only recently made available, and news reports, this book is the first English-language publication to provide such a comprehensive documentation and analysis of the nature of China's legal regulation of controlled substances. The authors also offer theoretical approaches for studying drug regulation, aspects of drug consumption cultures, the socio-political treatment of drugs during various historical periods and ongoing efforts to legislate drug trade, criminalize drug use and manage the drug addict population within national and international contexts.

Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators, as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.

Terrorists need money to commit acts of violence and sustain their operations. Measures to combat terrorism therefore aim to prevent terrorists from raising, moving and using funds or other assets. The effectiveness - and the fairness - of these measures were considered at the second 'Giessbach' seminar on counter-terrorist financing (CTF) organised by the Basel Institute on Governance in October 2008. This book contains essays presented at the seminar written by practitioners and academics with extensive experience in the field of CTF. The authors offer a diversity of views on the domestic, regional and international initiatives aimed at detecting terrorist funds in the financial system, preventing terrorists from moving their money via alternative financial channels and facilitating the recovery of terrorist assets. The editors conclude with in-sights into the ongoing challenge of making CTF measures both effective and legally sustainable in the lead-up to Giessbach III in December 2009.

Providing interdisciplinary and empirically grounded insights into the issues surrounding gender and migration into and within Europe, this work presents a comprehensive and critical overview of the historical, legal, policy and cultural framework underpinning different types of European migration. Analysing the impact of migration on women's careers, the impact of migration on family life and gender perspectives on forced migration, the authors also examine the consequences of EU enlargement for women's migration opportunities and practices, as well as the impact of new regulatory mechanisms at EU level in addressing issues of forced migration and cross-national family breakdown. Recent interdisciplinary research also offers a new insight into the issue of skilled migration and the gendering of previously male-dominated sectors of the labour market.

Taking the example of the nuclear bombing of Hiroshima as a case in point, Francis Winters analyzes the ethics of warfare, demonstrating how the examples of World War II hold relevance to the contemporary world. The volume examines the ethics of Japan's refusal to surrender and seeks to balance the verdict of responsibility for Hiroshima by extending the analysis to the ethics of the end of the war. It also illustrates how two displays of American naval and munitions power had an impact on Japan comparable to the September 11, 2001 assaults on America. Linking his study with two contemporary films on Iwo Jima, the author illustrates how the 1940s were an era of costly triumph that can still inspire national pride in American citizens. Unique in concept and approach, this volume will have relevance to scholars interested in both historical and contemporary politics, US-Japan relations as well as foreign policy and the ethics of warfare.

This book presents a wide range of perspectives on the role of national parliaments in EU politics and policy-making. Many accounts of the role of national parliaments portray them as passive victims of European integration. This study instead examines their role within the EU policy-making process, looking at efforts to address perceived democratic and information 'deficits'.
Bringing together leading scholars in the fields of European studies, public policy analysis, and legislative research, this new volume provides:
a thorough and wide-ranging synthetic analysis of the position of national parliaments within the EU policy-making structures
a range of detailed country studies, including for the first time an analysis of the new member state parliaments in Central and Eastern Europe
an analysis of the significant changes to the position of national parliaments brought about by the recent Convention process and the provisions of the EU's Constitutional Treaty.
Making an important contribution to an emerging comparative literature on the parliamentary dimension to EU public policy-making, National Parliaments within the Enlarged European Union will interest students and researchers in the fields of European integration, EU politics, and public policy analysis.

Even though impacts generated by the widespread availability and ongoing use of small arms and light weapons have not reached a magnitude sufficient to radically reorder contemporary world affairs, awareness of the nature and extent of these impacts has compelled some international actors to take decisive action. Damien Rogers examines how the international community has responded to the challenge of controlling small arms and light weapons since the early 1990s. Using a postinternationalist analytic framework, he specifically focuses on the maturing relationships between particular actors of world affairs and the nascent interconnectivity between their strategies for, and approaches toward, controlling these weapons. Furthermore, the book identifies ways in which the captains of small arms industry, arms brokers and chief users of these weapons are able to mitigate, resist or elude the intended effects of those responses.

Die Autorin arbeitet die Problematiken, die im Zusammenhang mit Artikel 10 § 3 MRVG bestehen, umfassend auf. Das Buch enthält unter anderem zu folgenden Fragen, die bisher nicht oder kaum diskutiert wurden, nähere Ausführungen: Ist Artikel 10 § 3 MRVG verfassungswidrig? Ist die Vorschrift europarechtskonform? Ist das Koppelungsverbot auch anwendbar, wenn ausländisches Recht zwischen den Vertragsparteien vereinbart wurde? Inwieweit fallen auch Verträge mit Projektsteuerern, Projektentwicklern etc. unter Artikel 10 § 3 MRVG? Muss der unwirksame Architektenvertrag mit beurkundet werden, um die Wirksamkeit des Grundstückserwerbsgeschäftes zu gewährleisten? Die Arbeit beschäftigt sich somit ebenso mit Fragen des Verfassungsrechtes, des Europarechtes, des internationalen Privatrechtes wie des Zivilrechtes.

This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary, and practice questions. Due to its colourful cases, this book is accessible and fun to read.

Pro-Justice Ethics: From Lament to Nonviolence is an original work within Christian social ethics and is based upon the civil rights movement, the philosophy of non-violence, and the biblical lament tradition. The author formulates the justice imperative as an ethic of duty and defines justice as an act of protesting, preventing, and remedying injustices that cause human suffering. Formally, injustice is the violation of fairness, equality, and dignity, but in its primal form injustice is child abuse. Birth and death are discussed from a justice perspective beyond the dichotomy of pro-life and pro-choice. Special attention is devoted to the injustices of globalization, international human rights abuses, and corporate violations of the natural rights of water in the earth commons.

The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.

Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity - a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.

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.

Advocates of the Nuremberg legacy emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures for war crimes . This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well as for the International Criminal Court.

The problem with this legacy, however, is that it is based solely on the experience of West Germany. Furthermore, the effect of the procedure on post-conflict society has not been empirically examined. This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan. Madoka Futamura examines the short- and long-term impact of the International Military Tribunal for the Far East (the Tokyo Trial), on post-war Japan, in order to improve the understanding of and strategy for ongoing international war crimes tribunals.

War Crimes Tribunals and Transitional Justice will be of much interest to students of war crimes, international law, transitional justice and international relations in general.

This book is designed to show readers how ethics can constrain improper behavior. To demonstrate the relationship of ethics to good government, the author presents high profile case studies that were selected for their notoriety and their ability to connect the reader to fundamental ethical questions. Themes of public interest, natural law, and rule of law provide a framework for the case studies, which include torture (Abu Ghraib), impeachment (Clinton), competence (FEMA), electoral violation (DeLay), and historical corruption (machine politics). The chapters discuss concepts that help to define responsible behavior in terms of behavior in elections, honesty and competence, and international law.