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.

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 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.

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 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.

Sales taxes including gross receipt taxes, retail sales taxes and value added taxes are a key part of the fiscal revenue of many countries. Given an increasinglyglobal economy and the recent stresses to which it is been subjected manyissues come into play in connection with the legal, tax policy and economicimplications presented by the taxation of international transactions.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever-evolving EU legal order, the Lisbon Treaty has introduced considerable changes to the EU's participation in international affairs. These have rendered this thorny question an even more pressing concern, not only for the EU and its Member States, but also for third countries and international organizations. Based on papers delivered at the bi-annual EU/International Law Forum organized by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the EU's international responsibility. The book discusses horizontal issues, such as the concept of responsibility of international organizations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, finance and investment, environment, security and defense, and human rights) by approaching them from both an EU and international law perspective.

A Documentary History of the Campaign to Create the American Institute of International LawThe American Institute of International Law was established in 1912 by James Brown Scott and Dr. Alejandro Alvarez, a distinguished Chilean international lawyer. It aimed primarily to foster better relations between the United States and Latin America. Active until 1938, it submitted several recommendations concerning international organizations, including 30 draft projects to the Pan American Union, which placed 27 of them before the International Commission of American Jurists for the Codification of International Law. Among the subjects were statehood, aliens, law of treaties, diplomatic and consular agents, neutrality at sea, asylum, duties of states in the event of civil war, and the peaceful settlement of disputes. No less than thirteen of these drafts were incorporated into the codifications produced by the Commission. This volume documents the campaign to create the American Institute of International Law and reproduces the original proposal and the principal documents leading to the creation of the Institute. In a broader sense, it offers an interesting legal perspective on the history of inter-American relations and the period when international lawyers began to influence the direction American of foreign policy.James Brown Scott 1866-1943] played a leading role in the establishment of public international law from the 1890s to the 1940s. The author of over 1,000 books and articles, he was a professor, administrator, editor, public lecturer, as well as a lawyer, diplomat and an advisor to seven presidents, ten secretaries of state and several foreign governments. He was also a tireless organizer. In addition to his leading role in the creation of American Institute of International Law, he helped to establish the American Society for Judicial Settlement of International Disputes and the American Society of International Law (ASIL)."Before Dr. Scott began his crusade, international law as a science had barely emerged from the cloister; indeed, not so many years before it had been taught in connection with theology. The subject is now included in the curricula of many colleges and universities and of the larger law schools in the United States. Specially qualified professors, in the larger institutions more than one, devote their whole time to teaching it. The classes are numbered by the hundreds and the students by the thousands. No statement made by informed leaders of opinion in this and other countries has been or can be made regarding the restoration of peace and order in the world without basing their hopes upon the foundations of international law."George A. Finch, "James Brown Scott, 1866-1943," American Journal of International Law 38 (1944) 217. 38 Am.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

Variations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement between States. The book argues that the lack of familiarity with conciliation both causes its popularity in treaties and its difficulties in practice. The author proposes a new way of looking at conciliation and at its potentials and restrictions, and assesses the usefulness of this way of settling disputes.

Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.

This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged. Special aspects of jurisdiction of some particular tribunals have been studied in greater detail. These are: the Permanent Court of International Justice and the International Court of Justice, the ICSID arbitration tribunals, the administrative tribunals covering disputes between international organizations and their employees, the European Court of Human Rights and the European Court of Justice. The choice of these tribunals has been based on the distinctive character of each one of them in the context of modern international legal relations. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying the more general principles.

The book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with two major European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate custodial sentences.

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world's jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.