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.

Concerns about the position and function of nation-states in the international arena have led to a growing interest in the role of cities in international relations. This timely book advances the argument that cities are becoming active and informal actors in international law-making, indicating the emergence of a 'third generation' of multi-level governance. Expansive in scope, the book investigates various areas of city cooperation such as the economy, migration, security, sustainable development, ecology, and the position of cities in international law. Interviews conducted with the official representatives of several cities and international institutions, including UN-Habitat, the EU Committee of the Regions, and the Congress for Local and Regional Authorities of the Council of Europe, offer key insights into the most pressing urban issues of the 21st century. Examining the latest information on the international activities of cities, this engaging book explores the possibility that cities may soon reach the level of international subjects, capable of both implementing and creating international law. Contributing to the under-represented literature on the evolving function of cities in the modern world, this prescient book will be of interest to academics and students of urban studies, international relations, political science, and international law. City authorities dealing with international cooperation will benefit from its consideration of further development opportunities.

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.

National Security of India and International Law is a pioneering inter-disciplinary scholarly exercise in the context of India. It offers first-of-its kind perspective on interplay between the needs, concerns and interests of the national security actors, means and institutions and inherent limitations and prospects of international law to achieve the national security objectives of India. The work analyses traditional and contemporary issues and challenges - water, natural resources, refugee management, use of force, nuclear doctrine, space developments, defense procurement and manufacturing and private players, among others. It aims to generate inter-disciplinary debate, teaching and research in this emerging field of national security.

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

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.

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.

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.

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.

Regional integration, mass migration and the development of transnational organizations are just some of the factors challenging the traditional definitions of citizenship. In this important new book, Rainer Baubock argues that citizenship rights will have to extend beyond nationality and state territory if liberal democracies are to remain true to their own principles of inclusive membership and equal basic rights. In Transnational Citizenship theoretical discussion of the definition and extension of citizenship rights is combined with comparative policy analysis on rules of naturalization and expatriation in liberal democratic states. An important distinction is drawn between nominal citizenship, which refers to the legal status of membership, and substantial citizenship, which concerns the distribution of basic rights in a state. Three areas where states can become more open to the acceptance of migrants as citizens are suggested: naturalization, the extension of citizenship rights to non-citizens and the admission of immigrants. Although the author still regards citizenship in terms of membership of territorially bounded states, he argues that it can no longer be defined by the model of national communities. In exploring what it means to accept migrants as members of liberal democracies, Rainer Baubock has made a singular contribution to our understanding of citizenship and the right to migration. Innovative without being utopian, this important book will be welcomed by political and sociological theorists, migration researchers and lawyers concerned with issues of migration and naturalization.

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.

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.