A Basic Guide to International Business Law aims to give students an understanding as well as practical knowledge of legal problems arising in the area of international business, and to equip them with the skills needed to prevent and tackle these problems. All Chapters employ the same didactic structure. Introductory case studies, examples, annotated case law, glossaries, diagrams, summaries and exercises are all designed to familiarize students quickly with relevant aspects of international (business) law. A Basic Guide to International Business Law deals with the following topics: * Introduction to International Private Law and European Law * Legal aspects of negotiations * International contracts: matters of jurisdiction and the law applicable to these contracts * International contracts of sale * Competion law * Free movement of goods, workers, the freedom of capital and establishment and the freedom to provide services * International payments * Carriage of goods by road and sea * Incoterms * Entry modes (agents, representatives, distributors, licensing, franchising)

This is an innovative and provocative book by one of America's leading writers on private and public international law. Practitioners as well as students and scholars will be fascinated by the author's distillation of a lifetime of experience as a lawyer, arbitrator, government official, and teacher in presenting recent developments in litigation of controversies across national boundaries.

This Handbook brings together 40 of the world's leading scholars and rising stars who study international law from disciplines in the humanities - from history to literature, philosophy to the visual arts - to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of 'international law and the humanities'. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book's six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

Providing a comprehensive analysis of drug misuse, dependence and the ways in which different parts of the world have responded to these problems, this volume examines aspects of the contemporary drug problem, the related debate and the way in which society is responding to it. Various controversial issues are covered, taking into account the way in which pressure groups would like to see changes in national and/or international drug control regimes. The book is drawn from extensive studies carried out by the UN over the last 15 years; each of the themes has been examined by a group of experts and lends itself to debate. Among the many topics discussed are: the legalization of drugs, prevention, treatment, rehabilitation, the macro and micro economy, supply and demand reduction and money laundering. The book will be a valuable resource for professionals and academics in law enforcement, health, social services, behavioural sciences, pharmacy and drug regulatory agencies.

Examining the historical, economic and political context for the current prohibition of particular drugs, this study investigates the problem of drug control and provides a systematic analysis of the development of the international system of regulation. It identifies the political rationalities that provided the basis of that system and positions these moral justifications for exercising power in relation to the practical programmes that put them into practice. The work not only catalogues the techniques and strategies employed in the process of governing illicit drugs, it also notes the failures, unintended consequences and other difficulties associated with getting such programmes to work. It will be of key interest to students and scholars of crime and criminology, law and society, medico-legal studies and health studies.

An estimated 35 million people worldwide are displaced by conflict, and most of them are women and children. During their time away from their homes and communities, these women and their children are subjected to a horrifying array of misfortune, including privations of every kind, sexual assaults, disease, imprisonment, unwanted pregnancies, severe psychological trauma, and, upon return or resettlement, social disapproval and isolation.

Written by the world's leading scholars and practitioners, this unique collection brings these problems - and potential solutions - into sharp focus. Based on extensive field research and a broad knowledge of other studies of the challenges facing women who are forced from their homes and homelands by conflict, this book offers in-depth understanding and problem-solving ideas. Derived from a project to advise U.N. agencies, it speaks to a broad array of students, scholars, NGOs, policymakers, government officials, and international organizations.

Two central questions are at the core of international legal theory: 'What is international law?', and the reality of international law, and, 'Is international law really law?'.This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.

This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in Australia and New Zealand to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.

Sovereignty, as a concept, is in a state of flux. In the course of the last century, traditional meanings have been worn away while the limitations of sovereignty have been altered as transnational issues compete with domestic concerns for precedence. This volume presents an interdisciplinary analysis of conceptions of sovereignty that meet some or all of the contemporary challenges. The book is divided into six overarching elements and explores a wide range of issues that have altered the theory and practice of state sovereignty, such as: human rights and the use of force for human protection purposes, norms relating to governance, the war on terror, economic globalization, the natural environment, and changes in strategic thinking. The authors, acknowledged experts in their respective areas, discuss the contemporary meaning and relevance of sovereignty and how it relates to the constitution of international order.

The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration.

The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriel A. Moens.

The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriel A. Moens, Dean and Professorof Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School.

Anticipatory military activities, which include both preemptive and preventive military actions, are at the centre of American strategic doctrine - however, states rarely use these activities. Rachel Bzostek puts forward an integrated analysis to help understand why states have or have not undertaken such activities in the past. By exploring what kinds of strategic or structural elements compel states or leaders to take anticipatory military action, as well as how these concepts are viewed in both international law and the just war tradition, this book uses case studies to examine those elements that have played an influential role in the decision-making process. Ideal as a course reader for upper division undergraduate and graduates in security studies, international law, US foreign policy and those involved in the teaching and training of the military.

This book observes how the growth of the political authority of the Council challenges the basic idea that states have legal autonomy over their domestic affairs. The individual essays survey the implications that flow from these developments in the crucial policy areas of: terrorism; economic sanctions; the prosecution of war crimes; human rights; humanitarian intervention; and, the use of force. In each of these areas, the evidence shows a complex and fluid relation between state sovereignty, the power of the United Nations, and the politics of international legitimation. Demonstrating how world politics has come to accommodate the contradictory institutions of international authority and international anarchy, this book makes an important contribution to how we understand and study international organizations and international law.Written by leading experts in the field, this volume will be of strong interest to students and scholars of international relations, international organizations, international law and global governance.

This book observes how the growth of the political authority of the Council challenges the basic idea that states have legal autonomy over their domestic affairs. The individual essays survey the implications that flow from these developments in the crucial policy areas of: terrorism; economic sanctions; the prosecution of war crimes; human rights; humanitarian intervention; and, the use of force. In each of these areas, the evidence shows a complex and fluid relation between state sovereignty, the power of the United Nations, and the politics of international legitimation. Demonstrating how world politics has come to accommodate the contradictory institutions of international authority and international anarchy, this book makes an important contribution to how we understand and study international organizations and international law. Written by leading experts in the field, this volume will be of strong interest to students and scholars of international relations, international organizations, international law and global governance.

The Basel Accord - now commonly referred to as "Basel I" - has exerted a profound influence on international financial politics and domestic prudential financial sector regulatory policy yet great controversy has always surrounded the Accord's impact on the safety and competitiveness of the world's largest financial institutions and the evolution of trans-national regulatory convergence.

The author provides a comprehensive examination of the impact of the 1988 Basel Accord on the capital adequacy regulations of developed economies. The study seeks to understand if the Accord affected broad or isolated convergence of 18 developed states' bank credit risk regulations from 1988 to 2000, and also to understand what political economic variables influenced levels of regulatory isomorphism. Quillin creates a quantitative database of developed states' interpretations of the Basel rules which shows that some persistent distinction remained in the way states implemented the Accord. He also explores why convergence emerged among a subset of states, yet not others, by testing a battery of political economic explanations.

Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle.

Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists.

Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle. Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists.

This edited book focuses on the dynamic balance between global cultural diversity and multilateral convergence in relevant policy areas that involve actual and potential policy convergences (and divergences): the environment, trade, peace and security, and human rights. It offers theoretical reflections about the impact of the concept of multiple modernities on new ideas, cultural backgrounds, and/or national or regional particularities. An interdisciplinary team of authors combines comparative policy analysis with theoretical dialogue about the conceptual, institutional, normative, and political dimensions of a new kind of multilateral cooperation. Finally, the book concludes that by stimulating an intercultural dialogue which goes beyond a mere "rational choice" approach, we can foster progress through a better understanding of the opportunities and limitations offered by a pluralist, varied, post-hegemonic, and multilayered form of multilateral cooperation. This book will be of key interest to scholars and students of European/EU studies, economics, human rights, climate change, history, cultural studies, international relations, international political economy, security studies, and international law.

This book is an analysis of terrorism and its implications for international law and politics. Terrorism has introduced an explosive element into international politics. It can trigger off crises which strain the relations between states, a strain which can reach breaking point if states allow their national interests to prevail. Cassese focuses on the Achille Lauro affair and uses this as an episode to illuminate the behaviour of modern states in response to the phenomenon of terrorism. On 7 October 1985, four members of the Palestinian Liberation Front hijacked an Italian transatlantic liner, the Achille Lauro, as it was sailing on a pleasure cruise off the coast of Egypt. In the days that followed, one dangerous and unforeseen event followed another. As states hastened to respond to unanticipated events, they hovered on the brink of crisis and conflict. The United States was first swept by fury at the murder of one of its citizens, then by euphoria as its fighter planes intercepted an Egyptian airliner thought to be carrying the terrorists. Cassese reconstructs this complex sequence of events and examines the actions of the states involved - the USA, Italy and Egypt among others. He argues that the US government, in intercepting the Egyptian airliner, not only failed to achieve its aims but also flouted the fundamental principles of international law. This book, by an authority in international law, is intended as a major contribution to current debates on the nature of terrorism and its implications for the practices and policies of nation-states. It should be of interest to students in comparative politics, international relations and international law; and to general readers interested in the phenomenon of terrorism and how modern states respond to it.

Focusing on the problem' of pleasure Law, Orientalism and Postcolonialism uncovers the organizing principles by which the legal subject was colonized. That occidental law was complicit in colonial expansion is obvious. What remains to be addressed, however, is the manner in which law and legal discourse sought to colonize individual subjects as subjects of law. It was through the permission of pleasure that modern Western subjects were refined and domesticated. Legally sanctioned outlets for private and social enjoyment instilled and continue to instil within the individual tight self-control over behaviour. There are, however, states of behaviour considered to be repugnant to, and in excess of, modern codes of civility. Drawing on a broad range of literature, (including classical jurisprudence, eighteenth century Orientalist scholarship, early travel literature, and nineteenth century debates surrounding the rule of law), yet concentrating on the experience of British India, the argument here is that such excesses were deemed to be an Oriental phenomenon. Through the encounter with the Orient and with the fantasy of its excess, Piyel Haldar concludes, the relationship between the subject and the law was transformed, and must therefore be re-assessed.

Over the last twenty years the world has witnessed four major genocides. There was the genocide in Iraq (1988), in Rwanda (1994), in Srebrenica (1995), and in Darfur (2003 and continuing). Most observers agree there is an urgent need to assess the international community's efforts to prevent genocide and to intervene (once a genocide is under way) in an effective and timely manner. This volume, the latest in a widely respected series on the subject of genocide, provides an overview of a host of issues germane to this task.

The book begins with a cogent discussion of the issues of prevention and intervention during the Cold War years. The second chapter discusses the abject failures and moderate (though, in some cases, highly controversial) successes at prevention and intervention carried out in the 1990s and early 2000s. Further chapters examine latest efforts to develop an effective genocide early warning system and examine the complexity of and barriers to prevention. The pros and cons of sanctions and the problems of enforcement and evaluation their effectiveness are then discussed. Conflicts between state sovereignty and the protection of threatened populations are examined both in historical context and by incorporating the latest thinking.

Later chapters treat the issue of intervention; why and how it has met with only limited success. Concentrating on Rwanda and Srebrenica, chapter 8 discusses various peace operations that were abject failures and those that were moderately successful. The concept of an anti-genocide regime is examined in terms of progress in developing such a regime as well as what the international community must do in order to implement it. Chapters discuss key issues related to post-genocidal periods, those that need to be addressed in order to establish stability in a wounded land and populace as well as to prevent future genocides. The final chapter asks whether bringing perpetrators to justice has any impact in breaking impunity, ensuring deterrence, and bringing about reconciliation.

The contributors to the volume are all noted scholars, some of whom specialize in the study of genocide, and others who specialize in such areas as early warning, peacekeeping, and sanctions.

Never have international relations between nations been so complex as in the current political climate. In this contemporary world international negotiation has become a combination of traditional diplomacy and the modern framework of conferences, multi-party institutions and organizations such as the European Union. While this diplomacy has, in the past, existed to prevent national and international conflict, its scope has expanded to deal with other problems facing us on a global scale. As negotiation is the primary tool to resolve international conflict, an understanding of the methods and principles of international negotiation remains essential. Only this form of diplomacy can hope to answer the global challenges we will face in the twenty-first century.

International Negotiation in the Twenty-First Century is an accessible examination of negotiation and diplomacy on an international scale and is the first publication to analyze this fundamental concept in a single volume.

This edited volume rethinks the relationship between power and law in the age of China's rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.