This text offers a review of historical traditions of international ethical and political theory in the light of modern developments in political philosophy. McCarthy provides a defence of natural law tradition, and in response to the criticism of natural law that, along with Kantianism, it is too abstract to produce a substantive account of justice and rights, constructs an argument for basic, agency-grounded rights. Through his study, the author attacks "realism" and the modern "cosmopolitan" theories that have been too little debated.

Ffrench's book offers a way out of the pervasive confusion that has frustrated efforts of companies attempting to deal with foreign regulatory practices. Designed as a practical, comprehensive guide, it is the only work to present securities law and regulation for all of North, Central, and South America. In addition it provides details concerning various nations' business organizations, regulatory institutions, anti-trust laws, foreign investment laws, laws of insider trading, and labor laws. The author includes complete coverage of the intricate statutory regulations and case law of the United States and Canada, and he advances reform proposals that would simplify take-over and merger regulation in these and other countries.

Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.

The shocking events of 11 September 2001 in the United States drew worldwide attention to the terrorist phenomenon. Confronting Terrorism focuses on terrorism and the struggle against it in Europe: on recent experiences, threat perceptions and the policies of several European countries, including the effects produced by the 11 September attacks. Specialists from Ireland, the United Kingdom, Sweden, the Netherlands, Germany, France, Spain, Italy and Greece analyse the development of threat perceptions concerning terrorism and counter-terrorist policy-making in their respective countries. To facilitate comparisons between their findings, they have worked from an identical set of questions. Their chapters are followed by contributions on relevant policy-making and decisions in the European Union, and on the European input in United Nations policy-making processes. A summary of main conclusions and recommendations is also presented.

The mission of The Italian Yearbook of International Law is to make available to the English-speaking public the Italian contribution to the literature and practice of international law. Volume XXX (2020) opens with a contribution tracing the history of the Yearbook, on the occasion of the publication of its Thirtieth Anniversary Volume. It then hosts a Symposium on cities and international law. There follows a Focus on the Enrica Lexie arbitral award. As in every volume the following sections feature Articles, Practice of International Courts and Tribunals, Italian Practice of International Law and Bibliographies.

This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.

The implementation of disarmament requirements imposed by the Security Council after the Second Gulf War established a strong and unequal power relationship between the United Nations and Iraq. Although the ensuing struggle over imposed disarmament has been a major issue in world politics, international relations theorists continue to ignore it. Deaver argues that this case has important theoretical implications. Using sociological insights and a behavioral approach, he examines the power relationship as well as Iraqi resistance from 1991 to 1998. Theorists are likely to find these analytic tools useful since they provide a ready means of studying the micro-foundations of power relations in generalized terms. Behavior such as supervision, surveillance, inspection, and monitoring are widespread and growing in world politics. A focus on tactics demonstrates the role of monitoring in maintaining and strengthening the relationship between the United Nations and Iraq. An analysis of dynamics makes comprehensible Iraqi losses of sovereignty and the eventual collapse of the relationship. Contrary to popular opinion, whoever escalated tensions hurt their own cause: Iraqi resistance contributed greatly to United Nations gains, while the United Nations successes led to the collapse of its relationship with Iraq.

Unlike many other trans-boundary policy areas, international migration lacks coherent global governance. There is no UN migration organization and states have signed relatively few multilateral treaties on migration. Instead sovereign states generally decide their own immigration policies. However, given the growing politicization of migration and the recognition that states cannot always address migration in isolation from one another, a debate has emerged about what type of international institutions and cooperation are required to meet the challenges of international migration. Until now, though, that emerging debate on global migration governance has lacked a clear analytical understanding of what global migration governance actually is, the politics underlying it, and the basis on which we can make claims about what 'better' migration governance might look like.
In order to address this gap, Global Migration Governance brings together a group of the world's leading experts to consider the global governance of different aspects of migration. The chapters offer an accessible introduction to the global governance of low-skilled labor migration, high-skilled labor migration, irregular migration, lifestyle migration, international travel, refugees, internally displaced persons, human trafficking and smuggling, diaspora, remittances, and root causes. Each of the chapters explores the three same broad questions: What, institutionally, is the global governance of migration in that area? Why, politically, does that type of governance exist? How, normatively, can we ground claims about the type of global governance that should exist in that area? Collectively, the chapters enhance our understanding of the international politics of migration and set out a vision for international cooperation on migration.

In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects' rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states."

As on 1 January 2020, some three percent of the population of the EU were citizens of one member state living and/or working in the territory of a member state other than that of which they are a citizen. In addition, around five percent of the resident population of the EU consisted of third country nationals. Naturally, these diasporic groups formed cross-border couples consisting of partners of different nationalities or partners of the same nationality both living in a country other than that of their origin. This reality, to be sure, raises many legal questions for the persons involved where the national family laws of several countries come into play. In an effort to bring about added legal certainty and predictability to couples in cross-border situations, the EU adopted several instruments often referred to together as 'EU private international family law'. This volume examines the two most recent of these: the Matrimonial Property Regulation (Regulation (EU) 2016/1103) and the Regulation on the Property Consequences of Registered Partnerships (Regulation (EU) 2016/1104), together referred to as the 'Twin Regulations'. These have proved to be a crucial piece of the European family law puzzle, regulating aspects of the everyday lives of those concerned. This book presents an in-depth analysis of these instruments, revealing the substance of the provisions in the regulations and exploring their practical implications in EU family law by discussing questions that are closely related to matrimonial and partnership property regimes. The contributors also cover the relevant CJEU case law and, where available, the national case law of the EU countries. Case studies are used to interrogate the potentialities of these new instruments. This book is a significant contribution to the literature on private international family law in general and on EU matrimonial property regimes in particular. It is addressed to legal professionals as well as academics and law students.

Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

This book provides a detailed analysis of the contributions, constraints and opportunities available for nongovernmental organizations (NGOs) in peacemaking and peacebuilding. This book will critically appraise both NGO assets, such as their typical idealism, organizing talents and mediation capabilities, as well as their deficits (including the NGO tendency to polarize and to politicize, to disorganize and to destabilize, and to delegitimate and at once to legitimate) and to make recommendations for more effective interventions.

This edited volume analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected and how global public goods are provided in various domains. The chapters analyze the concept of 'community interests' and the adequacy and effectiveness of the institutional framework and mechanisms established under international law to protect and safeguard them. The volume is divided into four parts and begins with a preface by Judge Bruno Simma, who has pioneered work in this area. The first part of the book addresses some general issues, such as defining community interests, examining various forms of governance at the juncture of public and private international law, and whether international law and international courts are effective in providing so-called 'public goods'. Part II shifts the focus onto global commons and concerns, such as the accommodation and balancing of community interests under the UN Convention on the Law of the Sea, the potential for international organisations to protect said interests through countermeasures in responses to violations of erga omnes obligations, the prevention and punishment of corruption by large corporations, and the importance of good governance of natural resources in conflict-affected regions. Some key human rights and security-related issues are analyzed in Part III, such as the right to self-determination and prolonged occupation of Palestinian territory, foreign terrorist fighters and their return to their countries of origin, and the peasant rights movement and its exposition of diverging interests as protected under human rights law. Part IV concludes, outlining three potential research agendas concerning collective human security, collective natural resources, and world cultural heritage. The comprehensive impact of community interests visible today reveals a fundamental tension in contemporary international law - between the need to make international law adequately express and support what are assumed to be universally held moral beliefs and the need to make it firmly reflect its political context. This book demonstrates that international law research on the formulation and protection of community interests, combined with multi- or inter-disciplinary approaches, can provide useful insights and answers to important questions for the future of humankind.

Divorce has long been viewed as a single phenomenon affecting two individuals without considering the framework conditions in which it occurs. Due to the increase of divorce rates in the past decades researchers have changed their perspective and have concentrated on the view of divorce as a personal experience that is greatly affected by the socials and economic environment. The aim of this thesis is to investigate divorce that has become a mass phenomenon in our present society. The assumption is that in order to understand the grounds for divorce and its consequences, we have to view divorce as a phenomenon that occurs at the intersection of personal, socio-economic and legal factors. Family disputes involve persons who have interdependent and continued relati- ships and arise in a context of distressing emotions. Separation and divorce affect all the members of the family, especially children. The study presents a comprehensive analysis of divorce as a psychological process that is situated within a social and a legal context. It presents a comprehensive view of divorce as a psychosocial, economic and legal phenomenon and contains a review of the research literature about divorce and its consequences for parents and children. Moreover, it describes divorce by proposing conceptual frames and explanatory models.

With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

This book addresses the need for deeper understanding of regulatory and policy regimes around the world in relation to the use of water for the production of 'unconventional' hydrocarbons, including shale gas, coal bed methane and tight oil, through hydraulic fracturing. Legal, policy, political and regulatory issues surrounding the use of water for hydraulic fracturing are present at every stage of operations. Operators and regulators must understand the legal, political and hydrological contexts of their surroundings, procure water for use in the fracturing and extraction processes, gain community cooperation or confront social resistance around water, collect flow back and produced water, and dispose of these wastewaters safely. By analysing and comparing different approaches to these issues from around the globe, this volume gleans insights into how policy, best practices and regulation may be developed to advance the interests of all stakeholders. While it is not always possible to easily transfer 'good practice' from one place to another, there is value in examining and understanding the components of different legal and regulatory regimes, as these may assist in the development of better regulatory law and policy for the rapidly growing unconventional energy sector. The book takes an interdisciplinary approach and includes chapters looking at water-energy nexus security in general, along with issue-focused and geographically-focused case studies written by scholars from around the world. Chapter topics, organized in conjunction with the stage of the shale gas production process upon which they touch, include the implications of hydraulic fracturing for agriculture, municipalities, and other stakeholders competing for water supplies; public opinion regarding use of water for hydraulic fracturing; potential conflicts between hydraulic fracturing and water as a human right; prevention of induced seismic activity, and the disposal or recycling of produced water. Several chapters also discuss implications of unconventional energy production for indigenous communities, particularly as regards sustainable water management. This volume will be of interest to scholars and students of energy and water, regulators and policymakers and operators interested in ensuring that they align with emergent best global practice.

During 2000-1 in Afghanistan, the Taliban achieved a longtime goal of national and international drug policy agencies: a large, sudden, and unanticipated reduction in world opium production. This cutback provides an unprecedented opportunity to study the dynamics of the world opiate market and ask whether further interventions could effectively reduce the flows of drugs. Based on an extended, multi-national study, the authors construct a new model for the trafficking of drugs and revenues and offer the first account of the world market in heroin and other illicit opiates during and after the 2001 ban. The authors' broader findings demonstrate how robust production, trafficking, and consumption combine to make successful long-term interventions on the supply-side rare exceedingly difficult, though specific policies can impact the organization and behavior of markets. For reductions in both production and consumption, where the cultivation of opium is entrenched in the normal life and legitimate economy of millions of people, international agencies and foreign governments must provide adequate and long-term support to foster both alternative development policies and law enforcement programs.

This book describes how non-profit organisations (NPOs) communicate what they constitute, signal success and display sustainability in order to convince stakeholders to provide essential resources. Reports on intellectual capital offer a worthwhile approach. Based on empirical research, the book highlights the essential resources for NPOs and on the demand imposed on organisations, as well as the dependencies of those resources and demands. This insight helps NPOs to provide necessary information while keeping the disclosure to a minimum and thus not giving away possible competitive advantages. Further, the status-quo of IC disclosure in Germany is presented and a theoretical framework for the motivation for NPOs to disclose information on their IC is presented. Researchers will find these findings a solid foundation for further research. Finally, a framework for the disclosure of intellectual capital is provided to support practitioners.

Die Bauwirtschaft befindet sich seit Jahren in der Krise. Steigender Wettbewerbsdruck, daraus folgender Preiskampf sowie eine starke Zunahme der Insolvenzen prägen die Branche. Der Allianzvertrag versucht durch seinen kooperativen Charakter neuartige Wege aus der Krise der Bauwirtschaft aufzuzeigen und verstärkt das Projekt in den Vordergrund zu rücken. Allianzverträge kommen bisher nahezu ausschließlich im anglo-amerikanischen Raum zur Anwendung. Ein innovatives Vergütungssystem, eine no blame - no dispute-Kultur und das Einstimmigkeitsprinzip tragen dazu bei, alle Parteien auf eine best for project-Atmosphäre einzuschwören. Dieses Buch behandelt den Allianzvertrag am Beispiel Australiens sowie seine Umsetzung in deutsches Recht unter besonderer Berücksichtigung des Gesellschafts- und Vergaberechts.

Unter Zugrundelegung neuester Daten der ErnAhrungs- und Landwirtschaftsorganisation der Vereinten Nationen (FAO) zeigt die Autorin die maAgeblichen Aspekte der weltweiten WaldzerstArung in Akonomischer, Akologischer und sozialer Hinsicht auf; zahlreiche regionale und internationale WaldschutzmaAnahmen werden vor dem Hintergrund der Diskussion um eine rechtlich verbindliche Waldschutzkonvention auf ihre Wirksamkeit hin untersucht. Angesichts der weltwirtschaftlichen Verflechtungen des Forstsektors und des Holzhandels ist ein weiterer Untersuchungsschwerpunkt die Frage, ob und ggfs. inwieweit durch unilaterale auAenhandelspolitische Instumente in Form von VerwendungsbeschrAnkungen und Kennzeichnungsregelungen fA1/4r Holz in vAlkerrechtlich zulAssiger Weise EinfluA auf die Vernichtung der weltweiten WaldbestAnde ausgeA1/4bt werden kann und darf.

Reprint of the sole edition of this translation. In this momentous workGrotius describes the situations in which war is a valid tool of lawenforcement and outlines the principles of armed combat. Though basedon Christian natural law, Grotius advanced the novel argument that hissystem would still be valid if it lacked a divine basis. In this regard hepointed to the future by moving international law in a secular direction.This edition was abridged by removing most of the quotations from"ancient historians, orators, philosophers, and poets," which are identifiedin footnotes. As Whewell states in the preface, they tended to "confuse thesubject, obscure the reasoning, and weary the reader." By removing themhe enhanced clarity and reduced the bulk of the work by "more than ahalf" (vi).Hugo Grotius 1583-1645], generally acknowledged as the founderof international law, was an influential Dutch jurist, philosopher andtheologian. Originally published in 1625, De Jure Belli ac Pacis (Onthe Law of War and Peace, translated by Whewell as On the Rights ofWar and Peace) is widely considered to be the first modern treatise oninternational law.William Whewell 1794-1866] wrote on numerous subjects and is knownfor the breadth of his endeavors, and his influence on the philosophy ofscience. He was one of the founding members and an early president ofthe British Association for the Advancement of Science, a fellow of theRoyal Society, president of the Geological Society, and longtime Master ofTrinity College, Cambridge.

The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea.
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in the "Southern Bluefin Tuna Cases (New Zealand "v. Japan; Australia "v Japan), Provisional Measures. The documents are reproduced in their original language.
The Tribunal delivered its Order on 27 August 1999. It is published in" Reports of Judgments Advisory Opinions and Orders 1999 (ITLOS Reports 1999).
Le Tribunal international du droit de la mer est une jurisdiction internationale qui a compitence en matihre de riglement des diffirends relatifs au droit de la mer. Il est une instance centrale pour le rhglement des diffirends relatifs l'interpritation et l'application de la Convention des Nations Unies sur le droit de la mer.
Le prisent volume contient le texte des pihces de procidures icrite, des prochs-verbaux des audiences publiques et d'autres documents relatifs la procidure dans les "Affaires du thon nageoire bleue (Nouvelle-Zilande "c. Japon; Australie "c. Japon)," mesures conservatoires. Les documents sont reproduits dans la langue originale utilisie.
Le Tribunal a rendu son ordonnance le 27 ao{t 1999. L'ordonnance est publii dans "Recueil des arrjts, avis consultatifs et ordonnances 1999 (TIDM Receuil 1999).