This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.

The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.

In this book Uwe Steinhoff describes and explains the basic tenets of just war theory and gives a precise, succinct and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain in effect medieval assumptions of traditional just war theory and advancing a liberal outlook, Steinhoff argues that every single individual is a legitimate authority and has under certain circumstances the right to declare war on others or the state. He also argues that the just cause cannot be established independently of the other criteria of jus ad bellum (the justification of entering a war), except for right intention, which he interprets more leniently than the tradition does. Turning to jus in bello (which governs the conduct of a war) he criticises the Doctrine of Double Effect and concludes that insofar as wars kill innocents, and be it as "collateral damage", they cannot be just but at best justified as the lesser evil. Steinhoff gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference he argues that the four principles underlying them all need to be taken into account and outlines how their weighing can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians, which has extremely important consequences for the conduct of war. Finally, Steinhoff analyses the concept of terrorism and argues that some forms of "terrorism" are actually no terrorism at all and that even terrorism proper can under certain circumstances be justified. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

The comprehensive guide to all the essential legal and business considerations in structuring domestic and international strategic business alliances. Readers are provided with a clear and concise introduction to the various domestic and international laws and regulations that impact strategic business relationships, including intellectual property law, antitrust law, commercial law, tax law, agency and distribution laws, and foreign investment laws. An indispensable resource for consummating sales representation arrangements, licensing arrangements, research and development arrangements, manufacturing and distribution arrangements, joint ventures, equity investment, and negotiated acquisitions. The book is intended for entrepreneurs, executives, and professionals. Entrepreneurs, executives, lawyers, accounts, and others involved in structuring cooperative business arrangements will benefit from the step-by-step approach to each strategic business relationship. The book provides guidance on each of the crucial steps in the negotiation process, including the selection of the prospective strategic business partner, the protection of trade secrets and confidential information, the due diligence process, representations and warranties, and dispute resolutions. Readers will gain an understanding of the essential bodies of law that might affect a relationship, such as intellectual property law, antitrust and competition law, laws relating to the sale of goods, agency and distribution laws, tax laws, export controls and antiboycott laws, and foreign inbound investment and technology transfer laws. The book covers each basic strategic business relationship that a firm might enter into to facilitate the development, manufacture, and distribution of products and services, including long-term functional contracts and joint ventures, minority investments, and negotiated acquisitions.

This unique text deals with the most important legal areas for e-commerce related business in most of the member states in Europe as well as the USA. In doing so the text takes into consideration the national law of the following countries: Belgium, France, Germany, Great Britain, Italy, Netherlands, Norway, Spain, Switzerland, and the USA. Topics that are dealt with include: contract law, consumer protection, intellectual property law, unfair competition, antitrust law, liability of providers, money transactions, privacy and data protection. The country-specific contributions follow a questionnaire which can be found in the beginning. The uniform structure of each contribution enables the reader to quickly find an answer to a legal question. All contributions have been written by experts from each member state.

A central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of "non-refoulement" contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.

This volume approaches the current crisis of solidarity in the European Union from a multidisciplinary perspective. The contributions explore the concept of solidarity, its role in the European integration process, and analyze the risks entailed by a lack of solidarity. Experts from various academic fields, such as political science, law, sociology, and philosophy, shed new light on contemporary challenges such as the migrant and refugee crisis, the Eurozone crisis, nationalist and separatist movements, and Brexit. Finally, they also discuss different solutions for the most pressing problems in EU politics. The book has two main aims: Firstly, to show that solidarity is a key element in solving the EU's contemporary problems; and secondly, to reveal how the crisis of solidarity has become a crucial test for the integration project, as the nature of the crisis goes beyond the well-known shortcomings in the EU's structure and problem-solving capacities.

Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960's. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state.

Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the "Charter."" "Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae, and historical accidents, and suggests possible reforms.

Money laundering has been around as long as there have been illicit businesses, since criminals have always had to convert their ill-gotten gains into clean financial instruments in order to utilize them in legitimate business. Grosse explores how drug traffickers turn profits from street sales of cocaine and crack into bank accounts, airplanes, securities investments, and other uses. These schemes are both creative and extensive, from shipping suitcases of dollars to Mexico, to buying gold with drug cash in California, to faking the export of clothing from Colombia to Panama. The amounts of money involved are often staggering--hundreds of millions of dollars in most cases. Grosse also considers some of the issues raised by money laundering. He offers advice to banks and other financial institutions that hope to avoid becoming involved in a money laundering process. He examines the social costs and benefits of money laundering, in particular the charge that the rapid development of Miami in the 1980s was due directly to the hundreds of millions of cocaine dollars invested in real estate and businesses by the "cocaine cowboys." Increasing law enforcement has, in Grosse's opinion, only resulted in more clever laundering schemes, and recent discussion about legalizing narcotics will prove even more costly for the United States.

The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of "sport specificity" (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football ("soccer") is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.

How much has the European Parliament contributed to true integration of the economic, social, and political life of Europe? Twelve original, thought-provoking essays attempt to answer that question. Contributors are some of the leading American and European experts on the European Community.

This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a "form" that, when applied to different legal themes, would add a "material content" to the three-dimensional theory. We can point out, as a study plan, the distinction between "three" perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the "three" phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the "three" characteristics of the legal order: Fullness, coherence, and unity-the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.

This book reviews the long history of U.S. shipping policy, and explains the present challenges (including the increasing use of open register arrangements). U.S. labor problems, tort and liability risks, environmental and safety regulations, and coastal and harbor security issues receive heavy emphasis. Options for reviving U.S. shipbuilding are analayzed, along with balance of payments implications, and sealift and national security requirements. The book offers a detailed program for American maritime renewal. It is intended for maritime, national security, international trade, and foreign policy audiences. Extensive data and tables allow for a comprehensive assessment of the U.S. merchant marine and the global shipping industry, with substantial historical background.

Nearly two thirds of world shipping is done under flags of convenience. The significant over-tonnaging, subsidies and/or restrictions, and shipping friendly policies present in many countries create strong competitive pressures. Unfortunately, the U.S. and British merchant marines are in serious decline. But the Japanese, Chinese, Greeks, and Scandinavians are thriving at sea. And many European Union, Asian, and former Eastern bloc nations are likely to remain determined competitors.

U.S. maritime policies need overhaul and a more realistic outlook. This book reviews the long history of U.S. shipping policy, and explains the present challenges (including the increasing use of open register arrangements). U.S. labor problems, tort and liability risks, environmental and safety regulations, and coastal and harbor security issues receive heavy emphasis. Options for reviving U.S. shipbuilding are analayzed, along with balance of payments implications, and sealift and national security requirements. The book offers a detailed program for American maritime renewal. It is intended for maritime, national security, international trade, and foreign policy audiences. Extensive data and tables allow for a comprehensive assessment of the U.S. merchant marine and the global shipping industry, with substantial historical background.

This book offers a comprehensive, multidimensional look into the major activities, groups, causes, and policing strategies related to global organized crime. Global Organized Crime: A Reference Handbook examines global organized crime dating back to its 17th-century roots. Unlike most works on the subject, which take a parochial approach by concentrating on individual countries or regions, this book uniquely details the impact of 21st-century globalization on such groups and their activities. Exploring the continuum of international organized crime and related developments from its early beginnings to the present era, the book also looks at the complicated issues that continue to influence its growth. It covers the impact of the end of the Cold War, immigration, the global drug trade, weapons sales, human smuggling and trafficking, the convergence of funding sources, and the effects of technology. What especially distinguishes this book is the connections it makes between organized crime activities and failed states, civil wars, political transitions, regional conflicts, and terrorist groups.

This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006.

The authors are senior and junior research fellows at German universities and research centres. Their articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed.

The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.

Abstruse legal phrases often inform our understanding of intricate cases. But those situations are also led, not outpaced, by basic equity principles of life itself. What statisticians call the law of large numbers and intelligence analysts in the world of science fiction know as the Bergofsky Principle is our structural faith in empirical knowledge. In this day, this process of experience and learning has moved into an international and interdisciplinary scale. That idea cannot be lost on us. Around the world, business and political leaders work together to realize common goals. But how does the rule of law impact these developments in strategy and technology, sustainable development, and access to justice? Armed with realism, Changing Face of the Law: A Global Perspective actively explores the legal traditions of the United States, India, and other commonwealth nations. A budding lawyer, author Riddhi Dasgupta provides an insider's look at the link between the rule of law and corporate ethics, the law's imagination, and our global dialogue. Lawful governance, or Gandhi's swaraj, is our linchpin. perspectives of law. Giving us examples of this approach in the areas of free thought, federalism and development, and the law's role as a teacher, Dasgupta pinpoints the 'active liberty of the world's citizens-their own governance-as the key issue. Every generation has its challenges, and ours lie in combating the emergent economic, health, corruption, and terrorism crises through the rule of law. Each sector in our society (from multinational corporations to social groups) is a vital piece of the puzzle. There is no doubt that the success or failure of this collaboration will measure our legacy.

This thesis comparatively investigates into the justiciability of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, focusing on portable antiquities, and discusses the legal mechanisms to enforce these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archeologist, art dealers, academics.

This is an interdisciplinary study of how power, security, polarity and the primacy of sovereign states play out in an international context that has witnessed the rise of non-state actors. It provides an updated analysis of the complex relationship of anarchy, power and politics by addressing issues of self-defense in a unipolar order.