For feminist international law scholars, practitioners, and advocates, the first two decades of the new millennium have produced moments of elation and disenchantment. In the Research Handbook on Feminist Engagement with International Law, a network of scholars and practitioners from a diverse group of countries contemplate the future of feminist engagement with international law. Can international law increase its relevance, beneficence, and impact for women in the developed and developing world? How can international law deal with a much wider range of issues relevant to women's lives than it currently does? What are the next frontiers for gender and international law making, law reform, and the beneficiaries of international law? The diverse global contributions to this Research Handbook delineate a future where feminist engagement with international law is robust, diverse, inclusive, influential, and leads to positive change in women's lives. The Research Handbook addresses larger themes of feminism and international law that will interest international law and gender studies scholars as well as HDR students. Additionally, this exploration will prove to be an asset to UN and INGO networks, regional organizations, and NGOs and social movements. Contributors include: J. Aeberhard-Hodges, S. Airey, M.P. Assis, B. Bennett, K. Chandrakirana, L. Chappell, H. Charlesworth, S.E. Davies, J.J. Dawuni, D. Estrada-Tanck, P. Finckenberg-Broman, G.M. Frisso, V. Fynn Bruey, J. Geng, F. Gerry, B. Goldblatt, R. Grey, M. Hansel, S. Harris Rimmer, R. Houghton, A. Isaac, M. Keyes, E. Larking, R. Maguire, A. O'Donoghue, D. Otto, K. Ogg, J. Ramji-Nogales, K. Rubenstein, S. Samar, G. Simm, N. Tzouvala, K. Woolaston, E. Yahyaoui Krivenko

Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.

This research collection examines writings from leading water law experts in the world to assess the law applicable to the uses, management and protection of water resources. Exploring the diverse aspects of this, from human rights to international economic law and peace and security, International Water Law comprehensively covers the multi-level facets of water resource management and protection in its wider scope.

Land Tax in Australia demonstrates how land tax operates and is administered across State and local governments in Australia. International expert Vincent Mangioni reviews the current status and emerging trends in these taxes in Australia and compares them with the UK, USA, Canada, Denmark and New Zealand. Using substantial original research, the author sets out what Australia must do through practice and policy to reform and bring this tax into the 21st Century. The need for fiscal reform and strengthening the finances of Australia's sub-national government is long overdue. These reforms aim to minimise the taxpayer revolts encountered in previous attempts at land tax reform, while improving tax effort in line with other advanced OECD countries. This book provides an essential resource for all property professionals working in development, valuation, law, investment, as well as accountants, tax economists and government administrators. It is highly recommended for students on property, taxation, legal and social science courses.

When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.

This book conducts a detailed examination of the current form of the Hong Kong residential property regulatory system: the 2013 Residential Properties (Firsthand Sales) Ordinance (Cap 621). The author sheds light on how the new legislation promotes a number of values including information symmetry, consumer protection, the free market and business efficacy. It provides a detailed account of how the regulatory mechanism has evolved over the past three decades to catch unconsscionable sales tactics (such as selective information and/or misrepresentation of location, size, completion date and past transactions) and monitor sales practices in order to protect the interests of stakeholders in this ever-changing first-hand residential property market. This book breaks down this complicated subject matter by focusing a number of chapters each on a specific attribute of the residential property on sale. It then examines the various channels through which the information is communicated to the prospective buyer and discusses misrepresentation of the key information in sales of residential properties as criminal liability.The tension between consumer's rights on one hand and the pursuit of free market principles on the other is but one example of the conflicting values thoroughly discussed in the book, others include superstition vs. modernization and clarity vs. flexibility. Aimed at those with an interest in consumer protection and transparency-orientated legislation in commercialized real estate transactions, this book seeks to provide an in-depth discussion of the latest trends and directions of travel.

The international trade regulatory system is a dynamic system that has been evolving throughout its history. Tension and conflict are part of the system. While calls for the abolition of the principal trade regulation authority, the WTO, have failed to understand this nature of the system, proponents for reforms have so far not paid sufficient attention to the evolving nature of tension and conflict. This book examines the evolving dynamics in international trade regulation from the conclusion of GATT in 1947 to the current crisis facing the WTO, from a perspective of emerging powers of developing countries with a focus of China as the latest force that demands reforms of the international trade regulatory regime. There is an extensive body of scholarship on ideological struggles, the rise of developing countries, geopolitical contest, the emerging powers (especially China), the use, misuse or abuse of trading rules, etc. There is however a lack of a single concise research book that synthesises these underlying causes and factors into a coherent and precise analytical theme. This book attempts to fill this research gap by building upon the existing scholarship and placing the various tensions and conflicts in a perspective that treats them as dynamic factors that have propelled a continuing process of evolution of the international trade regulation. The book will interest those researching on international trade regulation and as well as development studies.

This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public-private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

In a moment where the EU is facing an important number of challenges, there is growing interest in understanding how parties influence the way Europe evolves as a political issue, notably how parties structure domestic competition over European issues and they mobilise sentiments in referenda over European integration . This book examines the views of national parties towards the European Union and the different facets of a supranational citizenship. It provides an in-depth investigation into the variations to the cross-national patterns in ten countries, including old and new member states and different EU regions. Using original and innovative concepts, data and research techniques the authors: Explore whether parties formulate specific positions and preferences on the most particular aspects of the EU process. Investigate whether the party's stance could be inserted into more pro-European, or more Eurosceptical attitudes. Illustrate patterns of party contestation of the EU issues in the member states and explains these patterns in the light of the main theoretical arguments. Making an important contribution to party attitudes towards the EU and the Europeanisation of party politics, this book will be of interest to students and scholars of European politics, sociology, comparative politics, government and party politics

Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country's security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly. Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone's post-conflict recovery.

This book presents the general principles of contract law that apply in the countries of the University of the South Pacific ('USP') region - Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Nauru, Niue, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands, and Vanuatu. It is unique in that it provides the only up-to-date survey of regional authorities for the principles of contract operating within the region. Like many other branches of the law, contract law has yet to establish its own identity in the South Pacific. However, whilst it is still based on the law of England, there are significant differences between English contract law and South Pacific contract law. The text provides a clear explanation of this divergence and highlights regional innovations, both in the form of legislation and local case law. It also examines the role of customary law and provides a comprehensive study of the significant differences between the law of contract in individual regional countries. Comparison is made between regional law with current English contract law, and with the contract law of Australia and New Zealand, particularly where regional courts have preferred that law to the law of England. This book is essential reading for all students of contract law in the South Pacific and constitutes a very useful source book and guide for academics and practitioners, from within and outside the region.

This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries' experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

First published in 1999, this volume brings together for the first time the work of leading researchers in the new field of governmentality studies and crime control. Specific chapters of the volume are written by leading internationally-recognized criminologists and socio-legal scholars from Canada, the U.S., Britain, Australia and New Zealand. Individual chapters deal with key theoretical and methodological issues now being addressed by researchers in the field, while also reporting the results of innovative theoretically-informed research on a range of substantive topics including: crime prevention: dangerousness: criminalisation and gender: risk management and government of drug users: along with the government of youth, property relations, urban space and indigenous peoples. Collectively, chapters reflect the range of new theoretical approaches and substantive research topics that are being developed by socio-legal scholars and criminologists who are working in the wake of the critical postmodern tide that is entering law and criminology partly through the influence of Foucault.

It is often argued that international financial regulation has been substantially strengthened over the past decades through the international harmonization of financial regulation. There are, however, still frequent outbreaks of painful financial crises, including the recent 2008 global financial crisis. This raises doubts about the conventional claims of the strengthening of international financial regulation. This book provides an in-depth political economy study of the adoptions in Japan, Korea and Taiwan of the 1988 Basel Capital Accord, the now so-called Basel I, which has been at the center of international banking regulation over the past three decades, highlighting the domestic politics surrounding it. The book illustrates that, despite banks' formal compliance with the Accord in these countries, their compliance was often cosmetic due to extensive regulatory forbearance that allowed their real capital soundness to weaken. Domestic politics thus ultimately determined national implementations of the Accord. This book provides its novel innovative study of the Accord through scores of interviews with bank regulators and analysis of various primary documents. It suggests that the actual effectiveness of international financial regulation relies ultimately on the domestic politics surrounding it. It implies as well that the past trend of international harmonization of financial regulation may be illusory, to at least some extent, in terms of its actual effectiveness. This book may interest not only political economists but also scholars working on the intersection of law, economics and institutions.

Commentators have shown how a 'culture of security' ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.

This book is a tribute to Majid Khadduri and focuses on the three principal fields of his own work: Islamic and international law; ideas and personalities in the Arab world; and politics and diplomacy in the Middle East.

When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.

With the fall of communism and the appearance of a new world order, it is hoped that the United Nations will become the principle organisation for the regulation of relations between states as well as for the settlement of conflict. The recent crises over Iraq and the continued bloodshed in the former Yugoslavia have ensured a higher profile for the United Nations but have at the same time placed great pressure on that organisation to resolve conflict and organise relations between states in a manner that is acceptable to the international community. The essays collected in this volume are published in conjunction with the International Law Group. Providing valuable statements of the fundamentals of international law from leading authorities, they re-examine the Declaration of Principles of International Law Governing Friendly Relations Between States. The Declaration is the nearest thing that states have to an international constitution and embodies the fundamental values of the international legal system. The great changes in the international system since 1989 hold out the prospect of the reinvigoration of the Charter, perhaps for a new system of international legal relations, and make the reconsideration of the Declaration particularly timely.

Social Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, Social Movements, Law and the Politics of Land Reform unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law's progressive potentialities.

This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary, and practice questions. Due to its colourful cases, this book is accessible and fun to read.

There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.

Securities Dispute Resolution in China is a comprehensive and detailed study of the increasingly important issue of how cases involving securities are dealt with by Chinese courts, commissions and other administrative authorities and by arbitration and mediation in the PRC. The work identifies the nature and types of securities disputes and the various procedures, including alternative dispute resolution, used to address them. This timely, groundbreaking book is particularly relevant at a time of growing foreign investment in China's securities market. The volume will be an invaluable resource for researchers and practitioners in developed as well as emerging markets.

The image of the pirate is at once spectral and ubiquitous. It haunts the imagination of international legal scholars, diplomats and statesmen involved in the war on terror. It returns in the headlines of international newspapers as an untimely 'security threat'. It materializes on the most provincial cinematic screen and the most acclaimed works of fiction. It casts its shadow over the liquid spatiality of the Net, where cyber-activists, file-sharers and a large part of the global youth are condemned as pirates, often embracing that definition with pride rather than resentment. Today, the pirate remains a powerful political icon, embodying at once the persistent nightmare of an anomic wilderness at the fringe of civilization, and the fantasy of a possible anarchic freedom beyond the rigid norms of the state and of the market. And yet, what are the origins of this persistent 'pirate myth' in the Western political imagination? Can we trace the historical trajectory that has charged this ambiguous figure with the emotional, political and imaginary tensions that continue to characterize it? What can we learn from the history of piracy and the ways in which it intertwines with the history of imperialism and international trade? Drawing on international law, political theory, and popular literature, The Pirate Myth offers an authoritative genealogy of this immortal political and cultural icon, showing that the history of piracy - the different ways in which pirates have been used, outlawed and suppressed by the major global powers, but also fantasized, imagined and romanticised by popular culture - can shed unexpected light on the different forms of violence that remain at the basis of our contemporary global order.