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.

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.

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.

Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"-brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.

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.

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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).

This book explores the European Union decision-making processes from the perspective of the Member States. The participation of Member States in these procedures poses serious tasks and challenges for their national institutions (i.e., governments and parliaments) and requires significant institutional and operational adaptation. The book offers a detailed account of the decision-making processes in the first, Community pillar of the EU and an insight into the general practices of some Member States participating therein. The analysis then turns to specific practical experiences in both the domestic and Brussels arena, through a detailed case study on Hungary, a relatively new Member State. The book is a valuable tool for academics and researchers in the fields of European Constitutional/Institutional law, European politics, Comparative Constitutional law, European and Comparative Public Administration. It is also of interest for national civil servants dealing with EU affairs or organisations training national civil servants for the coordination of EU policies, the representation of the national position in Brussels and the implementation of European Union law at the national level. Tamara Takacs is presently working as a Lecturer International and European Institutional Law at the Utrecht University School of Law in The Netherlands. She is a member of the Ius Commune Research School (The Netherlands), and the European Union Studies Association (EUSA).

This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

Extensive nationalization, compromising not only the property of a single individual, but whole sectors of the economic system of the country gives rise to problems which cannot technically be solved on the basis of a few simple principles. The evolution of international law regarding the question of the international consequences of nationalization of property is elucidated in this work.

This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner-scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

Police personnel have increasingly been deployed outside their own domestic jurisdictions to uphold law and order and to help rebuild states. This book explores the phenomenon of a new international policing and outlines the range of challenges and opportunities it presents to both practitioners and theorists.

John Rawls' text The Law of Peoples has inspired extensive scholarly debate in the field of international political theory, since its publication in 1999. Responding to the arguments of cosmopolitan theorists and Amartya Sen's recent critique, this new work presents a fresh appraisal of the debate, and argues that Rawls offers a persuasive and prescient moral perspective on issues of global poverty and development. By elaborating one of Rawls' core ideas, 'the duty of assistance', the book offers a unique theoretical response to the ideal of global justice. The duty is presented as a far-reaching principle of justice, one that advocates increasing the state capability of burdened societies, and aims to compel the most powerful states to reform international structures and provide aid, in a constructive and culturally sensitive manner. The aim of assistance is the strengthening of democratic, or 'decent' indigenous institutions and the promotion of the freedom of peoples. On Rawls, Development and Global Justice is an original contribution to current debates on international redistribution, democracy promotion and global poverty.

In this penetrating analysis of international extradition practices, Barbara Yarnold argues that, as they currently exist, these practices are not functioning adequately. This breakdown is confirmed, she demonstrates, by repeated incidents of illegal international extradition, most recently the 1989 gunboat extradition of Panama's General Noriega by the United States. Yarnold contends that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security because the extra-legal extraditions that are substituted often involve the violation of the territorial sovereignty of another state. Yarnold proposes an alternative mechanism for dealing with requests for international extradition in which the International Court of Justice plays a central role.

Divided into three parts, the book begins with a group of chapters that examine and evaluate contemporary extradition practices. The author looks at the history of extradition agreements, analyzes the international extradition proceedings of U.S. district courts during the last sixty years, and shows that the inherent uncertainty and delay in international extradition practices often leads frustrated states to resort to extra-legal or illegal alternatives. In Part II, Yarnold examines efforts that have been made toward resolving international disputes through negotiation rather than through the use of force, focusing particular attention on the development of the International Court of Justice. Finally, the author suggests that the world community of states grant to the International Court of Justice jurisdiction over both international crimes and crimes committed against states but involve the flight of the fugitive from one state to another. She suggests further that the decision regarding whether or not international extradition of a fugitive is warranted should also be made by the International Court of Justice, instead of by courts within states, which are subject to local biases. Students of international relations and international law will find Yarnold's work illuminating reading.