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Books > Law > International law > General
Switzerland suffered four major terrorist attacks in 1969 and 1970,
which forced the Swiss government to address the issue of
international terrorism for the first time. Subsequently, "neutral"
Switzerland worked closely with Western Cold War powers to develop
international counterterrorism measures and forged a
European-Israeli counterterrorist alignment to counter Palestinian
terrorism in Europe. Using recently declassified archival records,
this book is the first study to examine how the Swiss government
positioned the country within the international struggle against
terrorism. The book brings to light the creation of the Club de
Berne, a secret European network of intelligence agencies connected
to Israel and the United States. It offers new insights about the
history of Swiss, Western European, and Israeli security
cooperation.
It is widely recognised that international order is undergoing
transformative change and the old norms no longer apply. This
collection looks at how the EU, specifically its judicial wing, is
responding to these new challenges. It looks both externally at
those internationally shared problems of unequal societies, the
rise of populism and the migrant crisis and internally at Brexit,
the differences between the EU centre and peripheries and the
division of competences. Taking a multifaceted approach, it draws
on voices from academia and the judiciary to suggest how the EU
might respond effectively to the challenges faced.
This book provides international readers with basic knowledge of
Chinese civil procedure and succinct explanations of essential
issues, fundamental principles and particular institutions in
Chinese civil procedure and the conflict of laws. The book begins
with a survey of the Chinese procedural law and an overview of
Chinese civil procedure and then focuses on essential aspects of
court jurisdiction and trial procedure in civil matters. In view of
the traditional importance of alternative dispute resolution in
China, mediation (conciliation) and arbitration are also discussed
with corresponding comparisons to civil procedure. The book also
discusses issues relating to the conflict of laws, i.e.
international jurisdiction under the Chinese international civil
procedure law, recognition and enforcement of foreign judgments as
well as Chinese choice of law rules. Focus is directed toward the
Chinese Statute on the Application of Laws to Civil Relationships
Involving Foreign Elements of 28 October 2010, which entered into
force on 1 April 2011. CHEN Weizuo is Director of the Research
Centre for Private International Law and Comparative Law at
Tsinghua University's School of Law in Beijing. He has a Doctor of
Laws degree from Wuhan University, China; an LL.M. and doctor
iuris, Universit t des Saarlandes, Germany; professeur invit la
Facult internationale de droit compar de Strasbourg, France (since
2003); professeur invit l'Universit de Strasbourg, France. He has
published extensively on the international laws and his
publications have appeared both in and outside China. He has taught
a special course in French at the Hague Academy of International
Law during its 2012 summer session of private international law.
The Yearbook aims to promote research, studies and writings in the
field of international law in Asia, as well as to provide an
intellectual platform for the discussion and dissemination of Asian
views and practices on contemporary international legal issues.
Peace operations are the UN's flagship activity. Over the past
decade, UN blue helmets have been dispatched to ever more
challenging environments from the Congo to Timor to perform an
expanding set of tasks. From protecting civilians in the midst of
violent conflict to rebuilding state institutions after war, a new
range of tasks has transformed the business of the blue helmets
into an inherently knowledge-based venture. But all too often, the
UN blue helmets, policemen, and other civilian officials have been
"flying blind" in their efforts to stabilize countries ravaged by
war. The UN realized the need to put knowledge, guidance and
doctrine, and reflection on failures and successes at the center of
the institution.
Building on an innovative multi-disciplinary framework, The New
World of UN Peace Operations provides a first comprehensive account
of learning in peacekeeping. Covering the crucial past decade of
expansion in peace operations, it zooms into a dozen cases of
attempted learning across four crucial domains: police assistance,
judicial reform, reintegration of former combatants, and mission
integration. Throughout the different cases, the book analyzes the
role of key variables as enablers and stumbling blocks for
learning: bureaucratic politics, the learning infrastructure,
leadership as well as power and interests of member states.
Building on five years of research and access to key documents and
decision-makers, it presents a vivid portrait of an international
bureaucracy struggling to turn itself into a learning organization.
Aimed at policy-makers, diplomats, and a wide academic audience
(including those working in international relations, peace
research, political science, public administration, and
organizational sociology), The New World of UN Peace Operations is
an indispensable resource for anyone interested in the evolution of
modern peace operations.
Challenges to Legal Theory offers the reader a fascinating journey
through a variety of multi-disciplinary topics, ranging from law
and literature, and law and religion, to legal philosophy and
constitutional law. The collection reflects some of the challenges
that the field of legal theory currently faces. It is compiled by a
selection of international and Spanish scholars, whose essays are
made available in English translation for the first time. The
volume is based on a collection of essays, published in Spanish, in
honour of Professor Jose Iturmendi Morales, of Complutense
University, Madrid, and brings the rich scholarship of pre-eminent
Spanish scholars of law and legal theory to an international
audience.
The "Collected Courses of the Xiamen Academy of International Law"
contain the Summer Courses taught at the "Xiamen Academy of
International Law" by highly qualified international legal
professionals. The Second Volume of the Series contains the
following articles: Aspects de la question des sources du droit
international "Yves Daudet" The Paradigms of Universalism and
Particularism in the Age of Globalisation: Western Perspectives on
the Premises and Finality of International Law "Armin von Bogdandy"
and "Sergio Dellavalle" Legal Aspects of Electronic Commerce: Rules
of Evidence, Contract Formation and Online Performance "Jose Angelo
Estrella Faria" The Elusive Pro-Arbitration Priority in
Contemporary Court Scrutiny of Arbitral Awards "Tibor V rady" The
"Xiamen Academy of International Law " aims to promote academic
exchanges among legal communities across the globe, encourage
examination of major international issues and, by so doing, seek
ways to improve the possibilities for world peace and international
cooperation. It seeks to achieve this aim by providing the highest
level of education to individuals, particularly those from Asian
countries, interested in the development and use of international
law persons such as young lecturers in international law,
diplomats, practitioners of transnational law, government officials
in charge of foreign affairs, and officials of international
organizations.
This book explains the urgent necessity to compile a Civil Code and
calls for constitutional awareness in compiling that Civil Code,
highlighting the need for it to be done in a democratic and
scientific manner. It advocates "Pragmatic Methods" as a new
approach to compiling a Civil Code of China and shares the author's
thoughts on the constitutionality of compiling a Civil Code,
explains the object that is to be judged in terms of its
constitutionality, and the constitutionality of legal
interpretation, of legislative procedures and of legal application.
The book also illustrates the author's "mode of the codifying of
non-basic laws" for compiling a Civil Code, and includes a detailed
discussion on compiling a Civil Code to reveal how many valid laws
there are China - a matter that is of vital importance to the
compilation of the Civil Code.The Appendix includes statistics on
the number of civil cases classified according to causes of
actions, based on "Judicial Opinions of China" website, which is
the first step of the author's plan to investigate civil customs
reflected in judgment documents with the help of big-data
analytical methods.
This original book is the first serious study investigating the
crowdfunding phenomenon, which has developed deep meaning for
various stakeholders benefiting from this funding collection
mechanism and its innovative new role, especially in the processes
of business creation and spread of entrepreneurship. The actors
involved -promoters, supporters, and the platforms through which
the campaigns are launched - constitute an ecosystem in continuous
evolution, which has grown dramatically and allows for its further
development. Irini Liakopoulou has conducted with the "multiple
paper thesis" method in which original and innovative contributions
are presented, applying new techniques and methodologies. The
book's goal is to foster debate about crowdfunding, an
under-researched topic whose implications are not fully understood
but will be a vital part of social and economic life in the future.
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.
In August 2015, international legal scholars and expert
practitioners from Denmark, Finland, Iceland, Norway, and Sweden
gathered to discuss contemporary issues of international law from a
Nordic perspective: Do the "shared Nordic values" extend to embrace
a common perspective on international law and policy beyond the
Nordic region? And do international legal scholars in the Nordic
countries share a professional outlook enabling us to speak of a
distinct "Nordic approach to international law"? This book contains
a selection of the conference papers, which all address aspects of
Nordic approaches to international law - varying significantly in
terms of subject area, methodology and style. The book is relevant
to international legal scholars in the Nordic countries and beyond.
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.
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