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.

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.

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.

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?

Die Bauwirtschaft befindet sich seit Jahren in der Krise. Steigender Wettbewerbsdruck, daraus folgender Preiskampf sowie eine starke Zunahme der Insolvenzen prägen die Branche. Der Allianzvertrag versucht durch seinen kooperativen Charakter neuartige Wege aus der Krise der Bauwirtschaft aufzuzeigen und verstärkt das Projekt in den Vordergrund zu rücken. Allianzverträge kommen bisher nahezu ausschließlich im anglo-amerikanischen Raum zur Anwendung. Ein innovatives Vergütungssystem, eine no blame - no dispute-Kultur und das Einstimmigkeitsprinzip tragen dazu bei, alle Parteien auf eine best for project-Atmosphäre einzuschwören. Dieses Buch behandelt den Allianzvertrag am Beispiel Australiens sowie seine Umsetzung in deutsches Recht unter besonderer Berücksichtigung des Gesellschafts- und Vergaberechts.

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.

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.

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.

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.

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.