In this provocative new book, Shritha Vasudevan argues that feminist international relations (IR) theory has inadvertently resulted in a biased worldview, the very opposite of what feminist IR set out to try to rectify. This book contests theoretical presumptions of Western feminist IR and attempts to reformulate it in contexts of non-Western cultures. Vasudevan deftly utilizes the theoretical constructs of IR to explore the ramifications for India. This hypothesis argues that the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) has predictive validity and is not a top-down norm but derived from the material and contingent experiences of nation states. This book enters the debate between feminist qualitative and quantitative IR through the lens of gender-based violence (GBV) under the CEDAW.

This is a book for an extraordinary time, about a pandemic for which there is no modern precedent. It is an edited collection of original essays on Asia's legal and policy responses to the Covid-19 pandemic, which, in a matter of months, swept around the globe, infecting millions. It transformed daily life in almost every corner of the planet: lockdowns of cities and entire countries, physical distancing and quarantines, travel restrictions and border controls, movement-tracking technology, mandatory closures of all but essential services, economic devastation and mass unemployment, and government assistance programs on record-breaking scales. Yet a pandemic on this scale, under contemporary conditions of globalization, has left governments and their advisors scrambling to improvise solutions, often themselves unprecedented in modern times, such as the initial lockdown of Wuhan. This collection of essays analyzes law and policy responses across Asia, identifying cross-cutting themes and challenges. It taps the collective knowledge of an interdisciplinary team of sixty-one researchers both in the service of policy development, and with the goal of establishing a scholarly baseline for research after the storm has passed. The collection begins with an epidemiological overview and survey of the law and policy themes. The jurisdiction-specific case studies and cross-cutting thematic essays cover five topics: first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability. Chapter 20. Cambodia: Public Health, Economic, and Political Dimensions by Ratana Ly, Vandanet Hing, & Kimsan Soy is available for free here: http://fdslive.oup.com/www.oup.com/academic/pdf/law/RamrajCO VID19AsiaCH20.pdf

Challenging the legality of UK nuclear policy as a further generation of nuclear-armed submarines is developed, Trident and International Law asks who is really accountable for Coulport and Faslane. The UK government in Westminster controls nuclear policy decisions even though Britain's nuclear submarines and warheads are all based in Scotland, at Faslane and Coulport. The Scottish Government therefore has responsibilities under domestic and international law relating to the deployment of nuclear weapons in Scotland. Public concern about nuclear deployments, and particularly the security and proliferation implications of modernising Trident, led the Acronym Institute for Disarmament Diplomacy, the Edinburgh Peace and Justice Centre and Trident Ploughshares to organise an international conference on 'Trident and International Law: Scotland's Obligations' in Edinburgh in 2009. This book presents the key papers and documents, with additional arguments from renowned legal scholars. The findings should be of interest to lawyers, policymakers and citizens with interest or responsibilities in legal and nuclear issues, public safety and human security. Whilst focusing on Scotland, this book raises serious questions for nuclear weapon deployments worldwide.

The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.

This book is concerned with the social legitimacy of internal market law. What does social legitimacy entail within the multi-level 'embedded liberalism' construction of the internal market? How can the objectives of the internal market that focus on economic rights and a commitment to social diversity both be pursued without one necessarily trumping the other? These questions continue to challenge the very core of European integration. How can the diversity of Member States' 'social systems' and the varying normative infrastructure of their economies be sustainably accommodated within the internal market? This book seeks to contribute to these questions by discussing what has come to be known as the argument from transnational effects and the development of an adjudicative model for the European Court of Justice that can be termed 'socially responsive'. Drawing on the historical insights of Karl Polanyi it argues that the internal market can only be held to be socially legitimate where it supports the requirement for further market integration while still responding to social practices and values within the member states. The book presents in-depth studies of the case law of the Court in the areas of EU free movement, competition and state aid law. In so doing, this important new study aims to provide the language and tools for assessing social legitimacy in the internal market.

This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws. The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts. Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.

EU policy in the area of corporate governance and capital markets is being reoriented. Harmonization is less frequently seen as a concept in company law; regulatory competition is on the rise; and experiments in soft law are being carried out. Several Member States have recently reformed their corporate laws, wither as a reaction to financial scandals or in an effort to enhance investment. Convergence has increased as a result, particularly towards Anglo-American standards. Yet differences still exist, profoundly rooted in national systems of corporate governance. By contrast, capital markets law would seem to be an exception, having undergone intense harmonization in the last few years through the Lamfalussy regulatory architecture. Nonetheless, a European system of securities regulation is not yet in place. Regulation is predominantly domestic, while private laws affecting capital markets are still divergent. This volume examines the ongoing debate from an interdisciplinary perspective. Part 1 explores the political determinants of corporate governance and evaluates likely convergence and the role of regulatory competition. Part 2 considers the Markets in Financial Instruments Directive (MIFID) and its central role in harmonizing EU securities trading. Part 3 analyzes the MiFID more deeply and explores other measures including the Prospectus and Transparency Directives. Part 4 offers future perspectives on the post-FSAP era.

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For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.

This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel's legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.

This book offers theoretical analysis on the context and on the dual function of military technology, as well as case studies on the third generation of nuclear weapons, on the Biological Weapons Convention Review Conference, on the driving forces of chemical armament and on the military use of nuclear energy as a possible propellant for bombers and in outer space. Five chapters written by three physicists from the USA, USSR and UK and two peace researchers from Japan and West Germany focus on SDI: its technical foundations, consequences for strategic stability and war as well as on its contradictions and on a case of armament dynamics theory. The book concludes with three chapters on the implications of the military use of outer space for international law from a Western, an Eastern and a Third World perspective, with views from West Germany, Hungary and Barbados, respectively.

Violations of international law and human rights laws are the plague of the twentieth and twenty-first centuries. People's inhumanity to people escalates as wars proliferate and respect for human rights and the laws of war diminish. In Decoding International Law: Semiotics and the Humanities, Professor Susan Tiefenbrun analyzes international law as represented artfully in the humanities.
Mass violence and flagrant violations of human rights have a dramatic effect that naturally appeals to writers, film makers, artists, philosophers, historians, and legal scholars who represent these horrors indirectly through various media and in coded language. This reader-friendly book enables us to comprehend and decode international law and human rights laws by interpreting meanings concealed in great works of art, literature, film and the humanities. Here, the author adopts an interdisciplinary method of interpretation based on the science of signs, linguistics, stylistics, and an in-depth analysis of the work's cultural context.
This book unravels the complexities of such controversial issues as terrorism, civil disobedience, women's and children's human rights, and the piracy of intellectual property. It provides in-depth analyses of diverse literary works: Joseph Conrad's The Secret Agent and the movie Hotel Rwanda (both representing terrorism); Martin Luther King's Letter from Birmingham Jail; two documentary films about women and family law in Iran, Divorce Iranian Style and Two Women; Lisa See's Snow Flower and the Secret Fan (women's human rights and human trafficking in China); Uzodinma Iweala's Beasts ofNo Nation (shedding light on child soldiering and trafficking in Africa), and much more.