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.

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

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.

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

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.

The tension between global and local impulses in world order are dramatically played-out in the arena of world law. This short volume develops a set of provocative theses: globalism is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments. The book considers what legal objects are being pursued by globalism and to what ends. Are globalizing trends for international law likely to continue? What are the legitimate limits of these legal and regulatory institutions? This book will be of interest to international relations specialists and critics of globalization alike.

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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.

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.

This is the first volume to systematically look at how China uses international law to deal with its complex boundary questions--it borders on twelve countries. The book includes an examination of boundary claims, border policies, settlements, alignments, and armed conflicts. The author draws a clear picture of China's attitude toward the use of traditional law. He supports his study with treaties, historical background, maps, and legal arguments. The reader walks away with a fine understanding of China's behavior in negotiations and armed conflicts, the country's policy, and its philosophy on dispute settlement.

China and International Law uses original sources to examine China's basic border policy. Chapters include: International Law; Border Policy; Boundary Disputes and Settlements; Unequal Boundary Treaties; Boundary Treaties; Determinants of Boundaries; and Methods for Settling Boundary Questions.

Central Asia is vulnerable to water scarcity because it is located in semiarid and arid vegetation zones and large parts of its economy depend on water for irrigation and energy. Climate-change scenarios predict temperature increases and a rising number of extreme weather events, which will exacerbate water shortages in the future. In addition, the population of Central Asia is growing more rapidly than the rate of food production which is resulting in food insecurity in many parts of the region too. This volume reports the deliberations of politicians, scientists and representatives of water management organizations from throughout Central Asia. Their contributions not only highlight areas of concern, but also propose numerous ideas for improving the long-term water- and food security in the region.

Can states be ruled in the same way as individuals? Has globalization made the analogy between men and states redundant? This book tackles such questions by analyzing the presuppositions of the domestic analogy and providing the tools to assess its validity using a variety of contexts and theories. What renders such a reasoning problematic is not that it relies on a mere analogy, but the fact that it surreptitiously transforms a historically situated model, that of the western sovereign state, into a universal paradigm.
By focusing on a crucial yet often neglected problem for both contemporary Political Theory and International Relations, Men and States argues that we need to overcome the domestic analogy if we are to develop a global political theory able to face the challenges of the new global age.

What limits, if any, should be placed on a government's efforts to spy on its citizens in the name of national security? Spying on foreigners has long been regarded as an unseemly but necessary enterprise. Spying on one's own citizens in a democracy, by contrast, has historically been subject to various forms of legal and political restraint. For most of the twentieth century these regimes were kept distinct. That position is no longer tenable. Modern threats do not respect national borders. Changes in technology make it impractical to distinguish between 'foreign' and 'local' communications. And our culture is progressively reducing the sphere of activity that citizens can reasonably expect to be kept from government eyes. The main casualty of this transformed environment will be privacy. Recent battles over privacy have been dominated by fights over warrantless electronic surveillance and CCTV; the coming years will see debates over DNA databases, data mining, and biometric identification. There will be protests and lawsuits, editorials and elections resisting these attacks on privacy. Those battles are worthy. But the war will be lost. Modern threats increasingly require that governments collect such information, governments are increasingly able to collect it, and citizens increasingly accept that they will collect it. This book proposes a move away from questions of whether governments should collect information and onto more problematic and relevant questions concerning its use. By reframing the relationship between privacy and security in the language of a social contract, mediated by a citizenry who are active participants rather than passive targets, the book offers a framework to defend freedom without sacrificing liberty.

How do memory and remembrance relate to the specific mode of transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law. While the primary focus is a philosophical one, authors also engage in incisive analyses of historical, political and/or legal developments in their chosen countries. Examples of these include South Africa, Colombia, Rwanda, Israel and the land of Palestine, which they know all too well on a personal basis and from daily experience.

How do different cultures deal with international law and how does International Law influence the rules and regulations of these cultures? Is International Law an effective tool in protecting cultural heritage, especially in wartime? Does it protect the heritage of cultures in a balanced way? And first of all: what is culture, what is International Law? These important questions were dealt with at the Fourth Conference From Peace to Justice of the Hague Academic Coalition (HAC), which was held in April 2007 in The Hague, The Netherlands. Valuable views, from different angles and perceptions, were presented and discussed. This book is the fruitful result of this Conference, presenting valuable insights, opinions and conclusions of the participants in the subject matter. It will trigger an international debate and search for clarity on these issues. Anyone interested or in any way involved in the harmonization of culture and international law is invited to join the debate, thus contributing to the realization of another important step on the road from peace to security. Paul Meerts is an advisor to the Director of the Netherlands Institute of International Relations 'Clingendael' in The Hague and Professor in Diplomatic Negotiation.

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.