This book analyses EU food law from a regulatory, economic and managerial perspective. It presents an economic assessment of strategies of food safety regulation, and discusses the different regulatory regimes in EU food law. It examines the challenges of food safety in the internal market as well as the regulatory tools that are available. The book's generic theorising and measurement of regulatory effects is supplemented by detailed analysis of key topics in food markets, such as health claims, enforcement strategies, and induced risk management at the level of the organizations producing food. The regulatory effects discussed in the book range from classical regulatory analysis covering e.g. effects of ex-ante versus ex-post regulation and content-related versus information-related regulation to new regulatory options such as behavioral regulation. The book takes as its premise the idea that economic considerations are basic to the design and functioning of the European food supply arena, and that economic effects consolidate or induce modification of the present legal structures and principles. The assessments, analyses and examination of the various issues presented in the book serve to answer the question of how economic theory and practice can explain and enhance the shaping and modification of the regulatory framework that fosters safe and sustainable food supply chains.

(2nd Edition) This book contains Japanese text and English Translation of the Constitution of Japan. The Japanese text has been rewritten using the modern spelling system or Gendai-kanazukai, and it is accompanied by Furigana.

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).

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 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.

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.

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.

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.

Shortlisted for the 2008 Young Authors Inner Temple Book Prize There are believed to be about 700 million small arms and light weapons (SALW) in the world, often contributing to highly destabilising security and other concerns in international law. SALW are the primary source of violations and abuses of humanitarian and human rights principles by states, rebels, terrorists and criminals. Many consider them the real weapons of mass destruction of our time, causing about half a million deaths annually. The unrestricted international transfer of SALW by states (99 states and 1000 companies involved in manufacturing and supply) is one of the major contributory and aggravating factors of this crisis; another is the illicit traffic in small arms. This book deals with the proliferation of SALW and their unregulated trade and transfer across borders. It addresses questions of definition, manufacturing, trade/transfer, and issues relating to state responsibility. The primary focus is on conventional small arms, in particular military-style weapons. The book tackles the core and most divisive legal problem of whether or not the laws relating to arms control and relevant norms of international law provide substantive restrictions upon the transfer of small arms by states. The application of the norms of international peace and security, non-intervention, humanitarian and human rights laws, and evolved relevant customary rules of arms control relating to these norms are considered particularly carefully. Questions of application and enforcement of relevant rules and institutional responses to the problem are also examined. The UN began considering an arms trade treaty in 2006; the publication of the book at this critical moment in time will make a positive contribution towards shaping the debate and aims to further enhance understanding in an area where close analysis is required.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fybil.org Symposium: International Law, the Environment and Power Katja Keinanen and Kati Kulovesi Introduction to the Special Theme: International Law, the Environment and Power Ellen Hey Global Environmental Law Kati Kulovesi Fragmented Landscapes, Troubled Relationships: The WTO Dispute Settlement System and International Environmental Law China Mieville Multilateralism as Terror: International Law, Haiti and Imperialism Peter H. Sand 'Scientific Whaling': Whither Sanctions for Non-Compliance with International Law? Articles Kirsten J. Fisher Identifying Liability: Ambiguous Charges in International Criminal Law Jorg Kammerhofer Systemic Integration, Legal Theory and the International Law Commission Marja Lehto The Crime of Terrorism and the Emerging Framework of International Criminal Law: Reflections on the 'Hierarchy of Evil' Hannes Peltonen Of Rights and Responsibilities: The Right of Humanitarian Intervention Akbar Rasulov 'The Nameless Rapture of the Struggle': Towards a Marxist Class-Theoretic Approach to International Law viii Kaarlo Tuori The Law's Farewell to the Nation State? Rene Uruena In the Search of International Homo Economicus: Individual Agency and Rationality in Global Governance Book Reviews & Review Essays Edited by Rain Liivoja Shakira Bedoya Sanchez, Zenon Bankowski and James MacLean (eds), The Universal and the Particular in Legal Reasoning Erkki Holmila Simon Chesterman and Chia Lehnardt (eds), From Mercenaries to Market: The Rise and Regulation of Private Military Companies Jackson Maogoto, Benedict Sheehy and Virginia K. Newell, Legal Control of the Private Military Corporation Manuel Jimenez Fonseca Paolo Galizzi and Alena Herklotz (eds), The Role of the Environment in Poverty Alleviation Paavo Kotiaho Chittharanjan F. Amerasinghe, Diplomatic Protection Kati Kulovesi Farhana Yamin and Joanna Depledge, The International Climate Change Regime: A Guide to Rules, Institutions and Procedures; David Freestone and Charlotte Streck (eds), Legal Aspects of Implementing the Kyoto Protocol Mechanisms: Making Kyoto Work Rain Liivoja Cedric Ryngaert, Jurisdiction in International Law Reetta Toivanen Mark Goodale (ed.), Human Rights: An Anthropological Reader Silke Trommer Dennis Patterson and Ari Afilalo, The New Global Trading Order: The Evolving State and the Future of World Trade New Finnish Doctoral Dissertations in International Law Viljam Engstrom Understanding Powers of International Organizations: A Study of the Doctrines of Attributed Powers, Implied Powers and Constitutionalism - with a Special Focus on the Human Rights Committee Statement by Jan Klabbers Finnish State Practice Virpi Laukkanen Elements of Finnish State Practice in 2007-2008 Ius Gentium Association

The development of law in primitive societies is studied, based on information about several thousand tribes and nations.

This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the 3-11 events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a serious nuclear emergency), Indonesia, China, New Zealand, Australia and international law. One question explored is whether socio-legal norms play different roles in preventing and managing responses to natural disasters compared to man-made disasters. Another is how disaster law interacts with society across very diverse societies in the disaster-prone Asia-Pacific region. The book also addresses the increasingly important roles played by international law and regional regimes for cross-border cooperation in disaster prevention and relief, including the functions played by military forces.

Erudite, pragmatic, and charged with detailed, substantive knowledge of an astonishing range of contexts and research fields, this timely collection of important essays on the law and society of disaster management stands as an exemplary international academic response to the disasters of 11 March 2011.(Annelise Riles)"

This book explores the work of transnational bureaucracy networks. These networks address global issues by creating rules - transnational public law - to be incorporated into national legal orders. As classical means fail to legitimize such activities, this book gives a practical account of viable alternative legitimacy mechanisms.

This volume comprehensively reviews the new system of enterprise law being developed by the legal systems of the world to deal with the modern corporations, and considers its implications for international law and foreign relations law. It concludes with the very first discussion of the jurisprudential implications of this major legal development.

This volume analyzes changing patterns of authority in the global political economy with an in-depth look at the new roles played by state and non-state actors, and addresses key themes including the provision of global public goods, new modes of regulation and the potential of new institutions for global governance.

Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

Multilateral investment treaties (MITs) are international legal instruments whose purpose is to facilitate social and economic cooperation on a global scale. While there is abundant literature and precedent on MITs generally, authors Kabir Duggal and Mohamed Wahab provide some of the first analysis focusing on the execution of MITs in the Arab and Muslim-majority worlds in this volume of Brill Research Perspectives in Investment Arbitration. This book focuses on two MITs: the Unified Agreement for the Investment of Arab Capital in the Arab States (UAA) and the Organisation of Islamic Cooperation Agreement for Promotion, Protection and Guarantee of Investments Among Member States (OIC). The UAA and OIC are among the oldest MITs in the world, enacted in 1980 and 1988, respectively. But only recently have these two long-dormant treaties acquired special significance. This book provides a comprehensive, critical review of these two treaties.

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All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.

Listen to the New Books Network Podcast! The phrase, "state of nature", has been used over centuries to describe the uncultivated state of lands and animals, nudity, innocence, heaven and hell, interstate relations, and the locus of pre- and supra-political rights, such as the right to resistance, to property, to create and leave polities, and the freedom of religion, speech, and opinion, which may be reactivated or reprioritised when the polity and its laws fail. Combining intellectual history with current concerns, this volume brings together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature. Contributors are: Daniel S. Allemann, Pamela Edwards, Ioannis D. Evrigenis, Mary C. Fuller, David Singh Grewal, Francesca Iurlaro, Edward J. Kolla, Laszlo Kontler, Grant S. McCall, Emile Simpson,Tom Sparks, Benjamin Straumann, Karl Widerquist, Sarah Winter, and Simone Zurbuchen.