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.

EUCOTAX (European UniversitiesCooperating on TAXes) is a networkof tax institutes currently consisting ofeleven universities: WirtschaftsuniversitatWien in Austria, KatholiekeUniversiteit Leuven in Belgium, Corvinus University of Budapest, Hungary, Universite Paris-I Pantheon-Sorbonne in France, UniversitatOsnabruck in Germany, Libera, UniversitaInternazionale di Studi Socialiin Rome (and Universita degli Studidi Bologna for the research part), in Italy, Fiscaal Instituut Tilburg atTilburg University in the Netherlands, Universidad de Barcelona in Spain, Uppsala University in Sweden, QueenMary and Westfi eld College at theUniversity of London in the UnitedKingdom, and Georgetown University inWashington DC, United States ofAmerica.

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.

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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 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.

Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favour of economic considerations, and for its visible undermining of unique cultural identities. This book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The beef hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion.

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.

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.

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.

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.

This volume contains the lectures given by prominent civil servants and representatives of the "International Employers' Association" (IOE) and the "International Confederation of Free Trade Unions" to law students from various European countries at the occasion of their visit to the "International Labour Organization". The purpose of these lectures is to expand on the major problems the ILO, as the social conscience of the world, will be confronted with in the next century. These lectures open a panorama of worldwide trends, which will co-determine the future outlook of our societies. The "Geneva Lectures" deal with following important topics: the world of work; the informal economy; globalization and the confrontation it involves; the future of the trade union movement; the role of the employer's associations; the ILO Declaration on fundamental principles and rights at work (1998), child labour; international labour standards and the codes of conduct of multinational enterprises. They give the reader an insight in the world of tomorrow and how one of the leading international bodies reflects on how to deal with them.

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 Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders 'What backlash are we talking about, really?'. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.