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.

Durch die Sicherheitsratsresolution 1244 aus dem Jahr 1999 wurde der Grundstein für die umfassende Übernahme von Staatsgewalt durch die UN im Kosovo gelegt. Trotz ihrer Verdienste um die Förderung von Demokratie und Rechtsstaatlichkeit sieht sich die UN-Übergangsverwaltung (UNMIK) seither auch der Kritik ausgesetzt, bei der Verwirklichung ihrer Ziele gegen internationale Menschenrechtsstandards zu verstoßen. Nach einer Darstellung der Strukturen der UNMIK befasst sich die Arbeit damit, inwieweit internationale Menschenrechtsstandards überhaupt auf UN-Übergangsverwaltungsstrukturen Anwendung finden, untersucht ausgewählte Menschenrechtsverstöße und stellt abschließend die Frage, inwieweit solche gegebenenfalls unter den besonderen Umständen gerechtfertigt werden können.

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.

Since World War II, remarkable progress has been made toward establishing more effective international laws and organizations to reduce opportunities for confrontation and conflict, and to enhance the pursuit of security and well-being. This book offers a detailed record of that progress, as well as its meaning for our times and those ahead. Taking a historical, theoretical, and case-study approach, John Gibson provides the reader with a broad understanding of how international organizations evolved to serve the interests of their member states, how the constitutional charters of organizations provide a coherent statement of goals and means to goals, and how these organizations are assuming increasing authority in the international system.

The work traces the progression of international constitutional and human rights law, with an emphasis on the past 45 years. In the first part, Gibson discusses the historic processes of political relations and mutual reliance; the evolution of these patterns through World War II; the subsequent history of the United Nations; the prime goals of international constitutional law; and the organizations' range of authority--from the high state to the supra-organization level. Part two offers a case study of the progression of international human rights law. Separate chapters trace the history of human rights in religion and philosophy and the role of the state in international law, while the concluding chapter on the United Nations Commission on Human Rights demonstrates how organizations actually function. This book will be a valuable resource for courses in international relations and international law, as well as an important addition to academic and professional libraries.

Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history-cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history-the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade-have gone against mainstream opinion. By contrast, the most successful decisions-from Marbury v. Madison to Brown v. Board of Education-have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.

Incidents of bioterrorism and biowarfare are likely to recur, leading to increased public concern and government action. The deficiencies of the Biological and Toxin Weapons Convention (BTWC) are in urgent need of attention: the BTWC is the central international agreement to prevent the proliferation of biological warfare programmes.

Uniquely, this book is written by diplomats involved in the decade-long effort (1991-2001) in which State Parties to the BTWC tried to agree a Protocol to the Convention with legally binding measures to strengthen its effectiveness, and academics concerned with the negotiations. Just before negotiations foundered, when the Chairman's proposed text was virtually complete, the problems and proposed solutions were examined thoroughly, leading to this book.

The book is wide-ranging in its review of the history of biological warfare, the reasons why the current biological revolution is of such concern, and the main features of the BTWC itself. The core of the book examines the key elements of the proposed protocol - declarations, visits, challenge-type investigations, and enhanced international cooperation - and the implications for government, industry and biodefence, giving us all a better understanding of what still remains to be done to avert a biowarfare catastrophe.

Taxes are sometimes so fundamental to domestic systems that they are almost impossible to change, as when the tax system is part of a nation's majority religion or is linked to another value deeply rooted in local communities, such as housing or farming. There is a danger in the WTO, a Geneva-based entity, making decisions for people living in distant locations with regard to tax issues related to their local needs and wants. The Saudi Arabian tax system exemplifies the tension between religion, tax and trade, because tax has a role in the country's religion and is an essential part of its laws.

Therefore, there is a need for maintaining a delicate balance between local needs and international commitments with respect to taxation. This book aims to show directions in which legal order can be preserved as much as possible from within each country, and yet not imposed upon them, and which will help build a peaceful bridge between local and international factors that are important to shaping the global order.

This volume of "The China Legal Development Yearbook" is the fourth in a series of annual reports written by leading Chinese law and legal policy scholars and judges to appear in English translation. This 2009 yearbook reviews major legal developments in 2008, and provides valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.

Non-State Regulatory Regimes explores how the concept of regulation continues to evolve. The focus is placed on those forms of regulation that are different from state regulation or present alternatives to state regulation. Departing from an analysis of the goals and policies of the traditional regulatory state, the emergence of 'regulation by other means' is examined. The approach is interdisciplinary encompassing various perspectives be they legal, political, international relations-based, economic, or sociological. The task of comprehending non-state regulation is a daunting one. To date, a number of essays already exist, which concentrate on specific aspects of the issue. In comparison to these essays, this study is innovative in that it applies a holistic view. Linking public policy approaches to regulation, it draws a theoretical path to understanding the emergence and persistence of non-state jurisdictional assertions and regulatory regimes.

Normative texts are meant to be highly impersonal and decontextualised, yet at the same time they also deal with a range of human behaviour that is difficult to predict, which means they have to have a very high degree of determinacy on the one hand, and all-inclusiveness on the other. This poses a dilemma for the writer and interpreter of normative texts. The author of such texts must be determinate and vague at the same time, depending upon to what extent he or she can predict every conceivable contingency that may arise in the application of what he or she writes. The papers in this volume discuss important legal and linguistic aspects relating to the use of vagueness in legal drafting and demonstrate why such aspects are critical to our understanding of the way normative texts function.

Die Verletzung vorvertraglicher Aufklärungspflichten beim Franchising steht im Mittelpunkt gerichtlicher Auseinandersetzungen zwischen Franchise-Geber und Franchise-Nehmer. Gleichzeitig stellt sich bei internationalen Franchise-Systemen die Frage nach dem anwendbaren Recht, da die internationalprivatrechtliche Anknüpfung von Ansprüchen aus culpa in contrahendo immer noch umstritten ist. Mit dieser Arbeit werden die spezifischen Aufklärungspflichten des Franchise-Gebers beschrieben und mit dem Franchise-Recht des US-Bundesstaates Kalifornien verglichen. Den Schwerpunkt der Arbeit bildet jedoch die Frage der Qualifikation und des Statuts von Ansprüchen aus culpa in contrahendo bei der Verletzung vorvertraglicher Aufklärungspflichten. Durch eine eingehende Analyse des deutschen internationalen Deliktsrechts nach der IPR-Reform von 1999 zeigt der Verfasser auf, dass sich der Gesetzgeber für die deliktische Anknüpfung der culpa in contrahendo entschieden hat. Die vertragsakzessorische Anknüpfung bietet dabei das notwendige Korrelat, um das Spannungsfeld zwischen Delikts- und Vertragsstatut unter Berücksichtigung materiellrechtlicher Gerechtigkeit aufzulösen.

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Thomas D. Grant examines the Great Debate over state recognition, tracing its eclipse, and identifying trends in contemporary international law that may explain the lingering persistence of the terms of that debate. Although writers have generally accepted the declaratory view as more accurate than its old rival, the judicial sources often cited to support the declaratory view do not on scrutiny do so as decisively as commonly assumed. Contemporary doctrinal preference requires explanation. Declaratory doctrine, in its apparent diminution of the role state discretion plays in recognition, is in harmony, Grant asserts, with contemporary aspirations for international law. It may seem to many writers, he believes, that international governance functions better in a conceptual framework that reduces the power of states to legislate what entities are states.

Grant proceeds from this analysis of the contemporary status of the old debate to ask what questions now take center stage. In place of doctrine, Grant argues, process is the chief issue concerning recognition today. Whether to recognize unilaterally or in a collective framework; whether to acknowledge legal rules or to let recognition be controlled by political calculus--as Grant points out, such questions concern how states recognize, not the theoretical nature of recognition. This is an important analysis for scholars and researchers of international law and relations and contemporary European politics.

In 1998 the Council of Europe Framework Convention for the Protection of National Minorities entered into force. This study evaluates how the standards of the Framework Convention function in reality and whether the interests of minorities are best served by this form of protection by the international community. The author assesses the use of international principles on rights for minorities in Slovakia, Romania and Bulgaria, three states with a difficult socio-economic situation and large minority populations. Two specific principles embodied in the Framework Convention are focused upon. The first, the principle of non-discrimination, is discussed with regard to the Roma minority in Slovakia, Romania and Bulgaria, the Muslim minority in Bulgaria, and in relation to the Benes Decrees affecting the Hungarians and German minority in Slovakia. The second principle, protection of linguistic rights, is discussed in relation to the Hungarian minority in Slovakia and Romania and to the Roma minorities. Specific to this book: * Provides a detailed examination of the Council of Europe Framework Convention for the Protection of National Minorities, which entered into force in 1998 * Looks specifically at the minorities of Slovakia, Romania and Bulgaria * Of particular interest in light of the recent accession of other Eastern European countries to the European Union

Jo Bac's groundbreaking legal study asks why and how the United States legal system should grant legal personhood to artificial intelligence (AI). This new legal status of AI is visualized as a dependent person, and the AI dependent legal person would be determined by an inextricable connection between AI and a new type of corporate body, introduced here as "AI-Human Amalgamation" (AI-HA). Artificial Intelligence has been defined as one or more computer programs with an ability to create work that is unforeseen by humans. This includes AI capacity to generate unforeseen innovations, patentable inventions, and/or infringe the rights of other patent holders. At present, AI is an entity unrecognized by law. The fact that AI is neither a natural nor a legal person indicates that it cannot be considered the owner of rights or bearer of liabilities. This in turn creates tension both in society and legal systems because questions such as who should hold the rights of AI or be liable for autonomous acts of AI remain unanswered. This book dynamically argues that the AI dependent legal person and AI-HA are necessary to address these new challenges. The creativity and actions of AI and AI-HA would be distinct from those performed by human beings involved in the creation of this amalgamation, such as AI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and AI cooperation (AI-HA). As a dependent legal person, AI would hold the patent rights to its own inventions, thus ensuring favorable conditions for the incentives of the U.S. patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from foreseen and unforeseen actions, omissions, and AI's failure to act.

From June 25 to 27, 2008, the Naval War College had the honor to convene an International Law Expert's Workshop, "The War in Afghanistan - A Legal Analysis." This volume captures the legal lessons of the war in Afghanistan as reported, studied and debated by a rare gathering of eminent scholars and practitioners of international law. The workshop's mission was to provide a comprehensive legal examination of the Afghan conflict-from the decision to use force, to the manner with which force was employed, to the legal construct for the evolution of military operations transitioning away from the use of force. Renowned international academics and legal advisers, both military and civilian, representing military, diplomatic, nongovernmental and academic institutions from throughout the world contributed to the workshop and this volume.