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.

This volume considers the most recent demands for justice within the international system, examining how such aspirations often conflict with norms of state sovereignty and non-intervention.

From an interdisciplinary approach that combines issues of International Relations with International Law, this book addresses issues neglected in both disciplines concerning the establishment a more just international order and its political implications. Through detailed examples drawn from key developments in international law, the author explores how new norms develop within international society, and how these norms generate both resistance and compliance from state actors. Case studies include:

• Pinochet and the House of Lords
• The Congo versus Belgium at the International Court of Justice
• The establishment of the ad hoc war crimes tribunal for the Former Yugoslavia
• The creation of the International Criminal Court and US opposition.

The International Politics of Judicial Intervention will be of interest to students and scholars of International Relations, Human Rights and 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.

For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012 - absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

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.

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.

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 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.

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.

Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean.

The author explores:

- the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council

- the offshore financial legal sector

- Caribbean customary law and the rights of indigenous peoples

- the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights

- the impact of the historical continuum to the region's jurisprudence including the question of reparations

- the complexities of judicial precedent for Caribbean peoples

- international law as a source of law

- alternative dispute mechanisms and the Ombudsman

Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.

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.

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.

United Nations peacekeepers have been sent around the world for nearly five decades to help war-weary people maintain cease-fires, implement force separations, and, most recently, make transitions to democracy. Half of those missions have begun since the end of the Cold War and have helped make the UN headline news. The Evolution of UN Peacekeeping is the first comprehensive post-Cold War assessment of this important tool of conflict containment, its recent, rapid growth and development, the factors that make it work, and the new pressures that place the whole concept at risk. Based on a two-year study for the Ford Foundation by the Henry L. Stimson Center, this book includes between case studies of UN peacekeeping operations from 1947 to 1991 and is suitable for use in courses on international law and organization, regional conflict, conflict management, and cooperative security.

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.