With reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It focuses on China's patent legislation, its achievements and weaknesses, as well as the intrinsic limitations.

This is a fascinating story about private lawyers successfully negotiating with Russian professionals about critical nuclear arms problems during the Cold War from 1983 to 1991. The lawyers demonstrated that committed citizen diplomats could have an influence on official policies when governments were unable or unwilling to negotiate. These delegates produced and distributed scholarly, technically accurate joint papers recommending approaches and solutions to nuclear arms problems which the governments had not resolved because of relations poisoned by fear and distrust. The book describes the extensive efforts of these Track II citizen-diplomats to offset anti-American propaganda permeating Soviet society. It is a 'how to' manual for non-governmental organizations concerned with funding, organizing and managing international conferences on complicated, urgent problems.

The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors' interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states' asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states' interests to be voiced and considered in compliance decision-making processes.

First published in 1998, this volume drew upon a variety of primary and secondary sources from a number of academic disciplines. European Union Law provides not merely the materials which form the law, but also analysis of the pressures, ideologies and agents which have shaped it. It is suitable for newer types of European Union law courses which trace the development of the European Union from economic to political community as well as for the more traditional courses which focus predominantly upon the law of the Institutions and of the internal market. Suitable for both undergraduates and postgraduates.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.

This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles - persona, dominum, obligation, contract and inheritance - composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of 'one law, one court' are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.

China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840-1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840-1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest

Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations' War Crimes Commission (UNWCC), which operated during and after World War II. Dan Plesch describes the commission's work and Washington's bureaucratic obstruction to a 1944 proposal to prosecute crimes against humanity before an international criminal court. From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC's files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including "water treatment," wartime sexual assault, and crimes by foot soldiers who were "just following orders." Plesch's book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.

This title was first published in 2002. Debates about the desirability, feasibility and appropriate form of international economic regulation are now a heavily contested domain. This selection of recently published essays reflects the diversity of perspectives that are shaping the scope and direction of the debates, from legal formalism and law and economics, to Third World legal theories and other critical perspectives.

Affectedness and Participation in International Institutions looks at the growing involvement of affected persons in global politics, such as young climate activists, indigenous movements, and persons affected by HIV/AIDS. Since the early 2000s, international organisations within various policy areas have increasingly recognised and involved affected persons' organisations. This has promised to address long-standing legitimacy and democracy deficits of international policy making and norm setting. Yet, the powerful do not easily cede the terrain: Some major states, classic NGOs, and intergovernmental organisations seek to curtail the influence of the newcomers. The authors within this collection study these contestations from an interdisciplinary political science and international law perspective. Based on evidence from a broad range of policy areas, we address some of the crucial questions: What does it mean to be affected? How can affected groups meaningfully participate in international negotiations? Whose voices do still remain excluded? Ultimately, the authors chart whether the rising involvement of the 'most affected' will re-shape global politics and social struggles on the ground. Taking a dual political science and international law perspective, Affectedness and Participation in International Institutions will be of great interest to scholars of civil society in global governance, international law, and international institutions. This book was originally published as a special issue of Third World Thematics.

Contents:
Acknowledgements
Introduction: The First Lady as Symbol and Institution
Contributors
1. Martha Dandrige Custis Washington, Patricia Brady
2. Abigail Smith Adams, Lynn Hudson Parsons
3. Dolley Payne Todd Madison, Holly Cowan Shulman
4. Elizabeth Kortright Monroe, Julie K. Fix
5. Louisa Catherine Johnson Adams, Lynn Hudson Parsons
6. Anna Tuthill Symmes Harrison, Nancy Beck Young
7. Letitia Christian Tyler, Melba Porter Hay
8. Julia Gardiner Tyler, Melba Porter Hay
9. Sarah Childress Polk, Jayne Crumpler DeFiore
10. Margaret Mackall Smith Taylor, Thomas H. Appleton Jr.
11. Abigail Powers Fillmore, Kristan Hoganson
12. Jane Means Appleton Pierce, Debbie Mauldin Cottrell
13. Mary Ann Todd Lincoln, Jean H. Baker
14. Eliza McCardle Johnson, Nancy Beck Young
15. Julia Dent Grant, John Y. Simon
16. Lucy Ware Webb Hayes, Olive Hoogenboom
17. Lucretia Rudolph Garfiels, Allan Peskin
18. Frances Clara Folsom Cleveland, Rebecca Edwards
19. Caroline Lavinia Scott Harrison, Charles W. Calhoun
20. Ida Saxton McKinley, John J. Leffler
21. Edith Kermit Carow Roosevelt, Stacy A. Cordery
22. Helen Herron Taft, Stacy A. Cordery
23. Ellen Louise Axson Wilson, Shelley Sallee
24. Edith Bolting Galt Wilson, Lewis L. Gould
25. Florence Mabel Kling Harding, Carl Sferrazza Anthony
26. Grace Anna Goodhue Coolidge, Kristie Miller
27. Lou Henry Hoover, Nancy Beck Young
28. Anna Eleanor Roosevelt, Allida M. Black
29. Elizabeth Virginia (Bess) Wallace Truman, Debbie Mauldrin Cottrell
30. Mamie Geneva Doud Eisenhower, Mark Young
31. Jacqueline Lee Bouvier Kennedy Onassis, Betty Boyd Caroli
32. Claudia Alta Taylor (Lady Bird) Johnson, Lewis L. Gould
33. Thelma Catherine (Patricia) Ryan Nixon, Carl Sferrazza Anthony
34. Elizabeth Ann (Betty) Bloomer Ford, John Pope
35. Eleanor Rosalynn Smith Carter, Kathy B. Smith
36. Nancy (Anne Frances Robbins Davis) Reagan, James G. Benze Jr.
37. Barbara Pierce Bush, Myra Gutin
38. Hillary Rodham Clinton, Lewis L. Gould
39. Laura Welch Bush, Lewis L. Gould
Appendix A: The Siena College First Lady Polls, 1982, 1993
Appendix B: Presidents and First Ladies, 1789-2001
Portrait Credits
Index

This title was first published in 2001. In the tight frame of its first twenty years, Massachusetts Bay dramatically altered its constitutional order from a theocracy to an oligarchy, led by magistrates who created their own authority and defined the limits on their almost unlimited power. Debating-and Creating-Authority examines this shift in constitutional order at various levels and looks in particular at the efforts to create the theocracy and its subsequent collapse in terms of a fundamental democratical flaw at the centre of the theocratic ideal.

This title was first published in 2000. The book applies constructivist arguments about culture, norms and identity to explain the superpower negotiations that produced the INF Treaty. It contributes to the constructivist research program in two ways. First, it develops a speech act model of social interaction to illustrate constructivist arguments and second, it develops a constructivist theory of security dilemmas that suggests practical ways to resolve them. The substantive conclusion of the book is that the dominant understanding of the end of the Cold War (the buildup argument) is not correct as it advocates policies that tend to perpetuate conflicts. Instead this book argues that the 'new thinking' explanation is more coherent and suggests improved practical ways to resolve other security dilemmas.

Centering on the theme of 'progressiveness', this powerful volume offers important new perspectives on the history, theory and practice of international law. Covering topics of great contemporary relevance such as the use of force, human rights and sovereignty, this book is of essential interest to lawyers, historians and political scientists.

eBook available with sample pages: 020346897X

This title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.

This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

This title was first published in 2001. The modern state's claim to a monopoly of legitimate force bestows the concomitant duty of preventing the resort to violence by non-state actors. Consequently, failure to do so often leads to debates, concerning the legitimation of the perpetrators themselves and the legitimation of the authorities who were unable or unwilling to prevent their violent actions. Narratives of Violence constitutes the first work which relates these stigma contests to each other by analyzing the public discourse about right-wing violence in Israel. The result is an absorbing book which provides a fundamental re-evaluation of the causes and consequences of political violence and its societal boundaries. Its conclusions will have a resounding impact on the Israeli body politic and for democratic governments around the world.

This title was first published in 2000: The contributors to this fully documented volume address the debate surrounding the nature, impact and desirability of the complex set of phenomena collectively referred to as 'globalization'. The book breaks new ground by showing globalization in a wide range of areas, including national and transnational corporations, welfare policies, adoption, gendered politics and democratic institutions, citizenship, religion and judicial systems. It is also a truly international volume, including studies from North and South America, Africa and Europe. The book illustrates how globalization entails localization and is best explored through the analysis of institutions. It will be of particular interest to political scientists, sociologists, lawyers and anyone interested in the continual processes of global change.

This title was first published in 2000: This volume of essays explores a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts. The contributions focus on the role to be played by courts and legal principles in the resolution of major political controversies and on the progressive development of constitutional jurisprudence in countries sharing a broadly common law legal tradition. The guiding theme pervading the collection is an attempt to measure the legitimacy of judicial (in-)activism when courts are faced with difficult political choices on matters such as slavery, internment, racism and voting rights and radical economic policies and are also confronted with the requirement to attach concrete meanings to such abstract concepts as the separation of powers and the rule of law.

In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.

This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity.

To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.

The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.

The Sardar Sarovar Project has been one of the most debated development projects of the past several decades at both an international level and within India itself. Cullet's volume brings together all the key documents relating to the project: including those pertaining to World Bank loans, the judicial pronouncements of the Supreme Court and documents relating to specific local level issues - in particular environment and rehabilitation. The work includes an introductory section focusing on the history of the project, the involvement of the different actors, the impacts on the local population, and a general analysis of the controversy surrounding it. In providing an easily accessible source for all the main documents relating to this landmark project, this compilation will be a valuable resource for researchers and policy-makers working in the areas of International Environmental Law and International Development Law.