This book argues that the institution of private property is anthropocentric and needs to be reconceived. Drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature.

The dominant rights-based interpretation of private property entrenches the idea of human dominion over nature. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. "Earth Jurisprudence: Private Property and the Environment" explores how an alternative conception of property might be instead grounded in the eco-centric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. Using the theory of Earth Jurisprudence as a guide, this book outlines an alternative eco-centric description of private property, as a relationship between and among members of the Earth community.

This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in Earth Jurisprudence.

This widely acclaimed treatise examines the law as it is applied by international administrative tribunals in the field of employment relations between international organizations and their staffs. In this second edition, the text has been substantially revised to incorporate new laws and practices. Volume I covers general principles, while Volume II addresses specific subjects such as appointment systems, disciplinary measures, contracts, and salary scales. Each volume is effective on its own, but the two volumes combined form what is undoubtably the most lucid and comprehensive study of international civil service law.

The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" - i.e., "evidence" regarding ethnicity - is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmuhl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or - more commonly - colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than - as Braunmuhl argues - of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.

Intellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.

Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces often unwittingly for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations."

Based on an analysis of the diplomatic practice of states, and decisions by national and international courts, this book explores the different meanings of the term `recognition' and its variants in international law. It is an important contribution to the current literature because so little has been written in this field in recent years. The author analyses the effect of recognition on the legal status of foreign authorities, particularly of those authorities in exile which are recognized as a government. In so doing, he covers material which is of significant historical interest, as well as highly topical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike.

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

This collection explores the analytical, empirical and normative components that distinguish socio-legal approaches to international economic law both from each other, and from other approaches. It pays particular attention to the substantive focus (what) of socio-legal approaches, noting that they go beyond the text to consider context and, often, subtext. In the process of identifying the 'what' and the 'how' (analytical and empirical tools) of their own socio-legal approaches, contributors to this collection reveal why they or anyone else ought to bother--the many reasons 'why' it is important, for theory and for practice, to take a social legal approach to international economic law.

This book is concerned with how we can make sense of the confusing landscape of individualistic explanation in international law. Arguing that international law lacks the vocabulary to deal with the collective dimension and therefore perpetuates an individualistic vocabulary, the book develops and articulates a more appropriate collective approach for public international law. In doing so, it reframes longstanding problems such as the conflict between self-determination and the integrity of states and the effects and the limits of state sovereignty in an increasingly globalized world. Presenting fresh perspectives on a range of contemporary issues in international law, the book draws on the work of major contributors to legal and political theory.

The current situation in Argentina is unprecedented. In compliance with prescribed timings and procedures, the crimes committed by the state in recent history are being prosecuted and penalized. This book traces the path of the trials for crimes against humanity in Argentina, from the Trial of the Juntas that began during the presidency of Raúl Alfonsín to current developments under Cristina Fernández de Kirchner, analysing the ideas of memory, truth and justice. In the volume, judges, lawyers, historians, journalists and witnesses from the era of terror give a lucid and critical reconstruction of the last thirty years. The contributors also point to other states where crimes against humanity are still being committed on a daily basis, despite being notionally proscribed. This book is translated from Spanish, originally appearing under the title Juicios por crímenes de lesa humanidad en Argentina (2011).

This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries' experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

This book examines recent attempts at reform within the United Nations in the wake of the institutional crisis provoked by the invasion of Iraq. It contends that efforts at reform have foundered owing to fundamental and bitter political disagreements between the nations of the global North and South. Following profound discord in the Security Council in the lead up to the US-led invasion of Iraq in 2003, this book considers the ambitious programme of reform instigated by then serving UN Secretary-General Kofi Annan. The author of this highly topical work, Spencer Zifcak, subjects six of Annan's principal proposals for reform to scrutiny: the reform of the Security Council, the General Assembly, and the Human Rights Council, and suggested alterations to international law with respect to the use of force in international affairs, the 'responsibility to protect', and UN strategies to counter global terrorism. On the basis of these detailed case-studies, the book demonstrates why so few proposals for reform were eventually adopted. It argues that the principal reason for this failure was that nations of the North and South could not agree as to the merits of the reforms proposed, exposing the sharply differing visions held by member states for a future and improved United Nations. Founded upon extensive interviews with diplomats at the United Nations, the book provides a rare 'insider' account of UN politics and practice. It will be of vital interest to students, scholars and practitioners of International Relations, International Law, and International Institutions.

This cutting-edge piece of scholarship studies the invisibility of the black migrants in popular consciousness and intellectual discourse in the United States through the interrogation of actual members of this community.

Der von der Gesellschaft fur arabisches und islamisches Recht herausgegebene Band enthalt die Vortrage, die auf der Jahrestagung der Gesellschaft 2012 in Heidelberg gehalten wurden. Erganzt werden diese durch eine Reihe von Vortragen, die ebenfalls die Veranderungen der rechtlichen Strukturen nach dem Arabischen Fruhling in den betroffenen Landern und im gesamten Rechtskreis islamisch beeinflusster Rechtsordnungen zum Gegenstand haben. Die Beitrage spannen dabei einen Bogen von den islamischen Einflussen auf die agyptische Verfassung uber Chancen der Rechtsentwicklung im Arabischen Fruhling und Strukturen des Vereins- und Versicherungsrechts bis hin zu aktuellen Fragen der Schiedsgerichtsbarkeit in Saudi-Arabien.

This book comes at a time when the intrinsic and self-evident value of queer rights and protections, from gay marriage to hate crimes, is increasingly put in question. It assembles writings that explore the new queer vitalities within their wider context of structural violence and neglect. Moving between diverse geopolitical contexts - the US and the UK, Guatemala and Palestine, the Philippines, Iran and Israel - the chapters in this volume interrogate claims to queerness in the face(s) of death, both spectacular and everyday. Queer Necropolitics mobilises the concept of 'necropolitics' in order to illuminate everyday death worlds, from more expected sites such as war, torture or imperial invasion to the mundane and normalised violence of racism and gender normativity, the market, and the prison-industrial complex. Contributors here interrogate the distinction between valuable and pathological lives by attending to the symbiotic co-constitution of queer subjects folded into life, and queerly abjected racialised populations marked for death. Drawing on diverse yet complementary methodologies, including textual and visual analysis, ethnography and historiography, the authors argue that the distinction between 'war' and 'peace' dissolves in the face of the banality of death in the zones of abandonment that regularly accompany contemporary democratic regimes. The book will appeal to activist scholars and students from various social sciences and humanities, particularly those across the fields of law, cultural and media studies, gender, sexuality and intersectionality studies, race, and conflict studies, as well as those studying nationalism, colonialism, prisons and war. It should be read by all those trying to make sense of the contradictions inherent in regimes of rights, citizenship and diversity.

This title will explore China's strategic interests in the South China Sea, with a specific emphasis on power projection and resource security. China's regional actions and reactions are reshaping the power dynamics in East and South-East Asia, while economic and geopolitical futures depend on the variegated outcomes of these complex relationships with neighbours and the West. An introductory section will be complemented by four case studies (Japan, Vietnam, the USA and the Philippines) and the concluding chapter will discuss the importance of the South China Sea to China as its new leadership deals with growing economic and military might.

Street protests in the 'Arab Spring' countries have illustrated that public demand for recovering stolen assets has grown exponentially, as have expectations by concerned populations and governments. From a topic discussed in expert forums, it has thus become a topic of the people. The question is: Have practitioners and policy makers delivered on these expectations? Clearly, since the ratification of the UN Convention against Corruption (UNCAC) ten years ago, much progress has been made in streamlining respective legal and institutional frameworks. On the other hand, we also find that practical successes on the ground remain few and far apart, and largely limited to a handful of countries. This book asks why and, through the voice of renowned practitioners from a broad range of affected countries, analyses challenges that remain, identifies new stumbling blocks that have cropped up, and discusses practical solutions that are being tested with a view to overcoming these. The book is published by the Basel Institute on Governance's International Centre for Asset Recovery (ICAR).

In a moment where the EU is facing an important number of challenges, there is growing interest in understanding how parties influence the way Europe evolves as a political issue, notably how parties structure domestic competition over European issues and they mobilise sentiments in referenda over European integration . This book examines the views of national parties towards the European Union and the different facets of a supranational citizenship. It provides an in-depth investigation into the variations to the cross-national patterns in ten countries, including old and new member states and different EU regions. Using original and innovative concepts, data and research techniques the authors: Explore whether parties formulate specific positions and preferences on the most particular aspects of the EU process. Investigate whether the party's stance could be inserted into more pro-European, or more Eurosceptical attitudes. Illustrate patterns of party contestation of the EU issues in the member states and explains these patterns in the light of the main theoretical arguments. Making an important contribution to party attitudes towards the EU and the Europeanisation of party politics, this book will be of interest to students and scholars of European politics, sociology, comparative politics, government and party politics

"War Crimes: Japans' World War II Atrocities" demands a prominent place in military history. Mr. Thurman and his daughter, Christine Sherman, bring to life the atrocities which the tribunal was formed to prosecute. War crimes remain a part of world history, and the world should know about them.

This volume contains the scientific papers presented at the 2nd International Conference Perspectives of Business Law in the Third Millennium that was held on November 2, 2012 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: Recent developments and perspectives in the regulation of business law at European Union level; Transposition of European Union directives into national law; Recent developments and perspectives in the regulation of international business law. The present volume is addressed to practitioners and researchers in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at European and international level.

Colonialism, Slavery, Reparations and Trade: Remedying the 'Past'? Addresses how reparations might be obtained for the legacy of the Trans Atlantic slave trade. This collection lends weight to the argument that liability is not extinguished on the death of the plaintiffs or perpetrators. Arguing that the impact of the slave trade is continuing and therefore contemporary, it maintains that this trans-generational debt remains, and must be addressed. Bringing together leading scholars, practitioners, diplomats, and activists, Colonialism, Slavery, Reparations and Trade provides a powerful and challenging exploration of the variety of available - legal, relief-type, economic-based and multi-level - strategies, and apparent barriers, to achieving reparations for slavery.

The Dynamics of Transitional Justice draws on the case of East Timor in order to reassess how transitional justice mechanisms actually play out at the local level. Transitional justice mechanisms - including trials and truth commissions - have become firmly entrenched as part of the United Nations 'tool-kit' for successful post-conflict recovery. It is now commonly assumed that by establishing individual accountability for human rights violations, and initiating truth-seeking and reconciliation programs, individuals and societies will be assisted to 'come to terms' with the violent past and states will make the 'transition' to peaceful, stable liberal democracies. Set against the backdrop of East Timor's referendum and the widespread violence of 1999, this book interrogates the gap between the official claims made for transitional justice and local expectations. Drawing on a wide range of sources, including extensive in-depth interviews with victims/survivors, community leaders and other actors, it produces a nuanced and critical account of the complex interplay between internationally-sponsored trials and truth commissions, national justice agendas and local priorities. The Dynamics of Transitional Justice fills a significant gap in the existing social science literature on transitional justice, and offers new insights for researchers and practitioners alike.

The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy.

To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

European Integration and the Communist Dilemma assesses the response of communist parties to European integration using three contrasting and comparatively significant case studies from Greece, Cyprus and Italy. These parties, in common with other radical parties in Europe, face a continuing strategic dilemma with regard to Europe through which larger questions about communist ideology and identity can be illuminated. Exploring the tendency of communist parties to face a trade-off between domestic legitimacy and electoral concerns, and their nature as parties professing opposition to the systemic currents of capitalism and European integration, the author provides a fascinating study of the nuances in deciding whether to adopt ideological consistency or undergo moderation. Blending advances in party politics, communist history and Europeanization research, the book devises a framework that overcomes the deficiencies of uni-dimensional approaches to the study of parties and Europe. In this manner, wider insights on the national party politics of European integration are drawn.