Questions of admissibility surrounding expert evidence have always bedevilled the judiciary. However, statutory language and rules of procedure, conscientiously interpreted and applied to the use of expert evidence, can go a long way towards achieving rectitude of decision where judgement requires knowledge not necessarily possessed by the jurists responsible for trying the case. In this remarkable work of analysis and commentary, George Cumming takes the position that the prominent international courts of Europe fail to follow their own rules of procedure in the use of expert opinion, thus potentially breaching the express right to a fair trial embodied within Article 6 (1) ECHR.

Unter Zugrundelegung neuester Daten der ErnAhrungs- und Landwirtschaftsorganisation der Vereinten Nationen (FAO) zeigt die Autorin die maAgeblichen Aspekte der weltweiten WaldzerstArung in Akonomischer, Akologischer und sozialer Hinsicht auf; zahlreiche regionale und internationale WaldschutzmaAnahmen werden vor dem Hintergrund der Diskussion um eine rechtlich verbindliche Waldschutzkonvention auf ihre Wirksamkeit hin untersucht. Angesichts der weltwirtschaftlichen Verflechtungen des Forstsektors und des Holzhandels ist ein weiterer Untersuchungsschwerpunkt die Frage, ob und ggfs. inwieweit durch unilaterale auAenhandelspolitische Instumente in Form von VerwendungsbeschrAnkungen und Kennzeichnungsregelungen fA1/4r Holz in vAlkerrechtlich zulAssiger Weise EinfluA auf die Vernichtung der weltweiten WaldbestAnde ausgeA1/4bt werden kann und darf.

The The Yearbook contains the official records of the International Law Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part Two) reproduces the edited version of the annual report of the Commission to the General Assembly.

This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

This book explores the European Union decision-making processes from the perspective of the Member States. The participation of Member States in these procedures poses serious tasks and challenges for their national institutions (i.e., governments and parliaments) and requires significant institutional and operational adaptation. The book offers a detailed account of the decision-making processes in the first, Community pillar of the EU and an insight into the general practices of some Member States participating therein. The analysis then turns to specific practical experiences in both the domestic and Brussels arena, through a detailed case study on Hungary, a relatively new Member State. The book is a valuable tool for academics and researchers in the fields of European Constitutional/Institutional law, European politics, Comparative Constitutional law, European and Comparative Public Administration. It is also of interest for national civil servants dealing with EU affairs or organisations training national civil servants for the coordination of EU policies, the representation of the national position in Brussels and the implementation of European Union law at the national level. Tamara Takacs is presently working as a Lecturer International and European Institutional Law at the Utrecht University School of Law in The Netherlands. She is a member of the Ius Commune Research School (The Netherlands), and the European Union Studies Association (EUSA).

The book is a brief journey through centuries and jurisdictions and expands on examples of enactment practices of states that support, challenge or even reject communication during pending litigations. England, as the main representative of a jurisdiction, suggests communication solutions potentially different than the practice in the United States where litigation communication first time occurred. Accordingly, the author offers a comprehensive analysis and detailed historical narrative of the positions of various jurisdictions in relation to communication in the legal process. As a kind of applied legal history, the book provides an exploration of historical events that were significant in a legal communication context and addresses their implications for modern enactments. The account looks at the history of regulations to allow a better understanding of the strict rules that have often been cited over the years support or restrict communication in the legal process. The author provides the reader with proper contexts on different judicial and communication considerations, as well as the collaboration of legal and public relations experts, in a particular form of crisis and reputation management, in the litigation process. As such, this book is an attempt to present an accurate and thoughtful account of the theory and history of litigation communication, which is directly relevant in various debates such as the work on the meaning and context of the Contempt of Court Act in England or the American First and Sixth Amendments in different centuries.

This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author's substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

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

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 book argues that the rules of the International Labour Organization (ILO) and those of the EC governing working time can be seen as examples of transnational labour regulation, and can be compared on that basis. Contrary to certain orthodoxies about the rule-making roles of each institution, there has been a significant degree of convergence between the institutions, having regard to the nature and purpose of their rules. This convergence has arisen because of complex factors within the internal histories of each institution, and the interaction between these internal developments and the external environment in which both operate. The binding nature of certain Community rules means that EC regulation has the capacity to diminish, and some argue has already diminished, the status and authority of the ILO.

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.

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.

This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to "identify" biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of otherness. It then traces the evolution of the various policies on telling and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The law of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child s right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic kinlessness upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population."

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.

Police personnel have increasingly been deployed outside their own domestic jurisdictions to uphold law and order and to help rebuild states. This book explores the phenomenon of a new international policing and outlines the range of challenges and opportunities it presents to both practitioners and theorists.

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.

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.

What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? The Common Interest in International Law provides answers to these key questions that international law is faced with in times of globalization, humanization and climate change. This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors. The areas covered range from human rights law, international environmental law and international security law to international economic law and international litigation. The editors' objective is to investigate whether and how international law which historically is state-centric and consensual can protect common interests of humanity, when such common interests can only be safeguarded with the commitment and cooperation of all state and non-state actors. The issue of collective interests is subject to numerous current discourses in international law. This volume attempts to tie these together to a new - or renewed - understanding of 'common interest' reflective of contemporary challenges in international law. The concept of 'common interest' suggests that more is at stake in international law than the individual self-interests of states. Such notion might hold the key to transforming international law away from the dominance of sovereignty into a system which truly serves the interest of the "community", including all relevant actors. This book is essential reading for all scholars and practitioners of international law. It aims at stimulating and defining the topic of the protection of common interests by the international community across geographical as much as disciplinary boundaries.

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.

Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication).

Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases.

Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.