Much of the media coverage and academic literature on Russia suggests that the justice system is unreliable, ineffective and corrupt. But what if we look beyond the stereotypes and preconceptions? This volume features contributions from a number of scholars who studied Russia empirically and in-depth, through extensive field research, observations in courts, and interviews with judges and other legal professionals as well as lay actors. A number of tensions in the everyday experiences of justice in Russia are identified and the concept of the 'administerial model of justice' is introduced to illuminate some of the less obvious layers of Russian legal tradition including: file-driven procedure, extreme legal formalism combined with informality of the pre-trial proceedings, followed by ritualistic format of the trial. The underlying argument is that Russian justice is a much more complex system than is commonly supposed, and that it both requires and deserves a more nuanced understanding.

As global great power competition intensifies, there is growing concern about the geopolitical future of Antarctica. This book delves into the question of how can we anticipate, prepare for, and potentially even shape that future? Now in its 60th year, the Antarctic Treaty System has been comparatively resilient and successful in governing the Antarctic region. This book assesses how our ability to make accurate predictions about the future of the Antarctic Treaty System reduces rapidly in the face of political and biophysical complexity, uncertainty, and the passage of time. This poses a critical risk for organisations making long-range decisions about their policy, strategy, and investments in the frozen south. Scenarios are useful planning tools for considering futures beyond the limits of standard prediction. This book explores how a multi-disciplinary focus of classical geopolitics might be applied systematically to create scenarios on Antarctic futures that are plausible, rigorous, and robust. This book illustrates a pragmatic, nine-step scenario development process, using the topical issue of military activities in Antarctica. Along the way, the authors make suggestions to augment current theory and practice of geopolitical scenario planning. In doing so, this book seeks to rediscover the importance of a classical (primarily state-centric) lens on Antarctic geopolitics, which in recent decades has been overshadowed by more critical perspectives. This book is written for anyone with an interest in the rigorous assessment of geopolitical futures - in Antarctica and beyond.

This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.

This book examines several aspects of the equality and non-discrimination norms in the UN Convention on the Rights of Persons with Disabilities (CRPD). In the first instance, the book provides an interpretation and critical analysis of the legal meaning of the principles of equality and non-discrimination in the context of the CRPD. It analyses the extent to which the concepts of equality and non-discrimination contained in the Convention fit within the various theoretical models of disability and conceptions of equality that have been elaborated to date by scholars. It also compares the theoreotical framework of equality in the CRPD to that contained in other international human rights treaties which preceded the Convention.In addition, States' obligations under the Convention are teased out. A particular focus throughout this book is on the manner in which the equality and non-discrimination norms in the CRPD can increase participation and inclusion in society of persons with disabilities. This book also examines in detail an integral component of the equality norm, namely the duty to reasonably accommodate persons with disabilities and, in particular, its outer limits.In that regard, the book analyses whether the balancing and sharing of burdens inherent in the accommodation duty can teach us lessons about the overall balancing of burdens and interests implicit in many Convention rights subject to progressive realisation.Following on from that, this book devises a framework for review of measures adopted by States in the overall context of the progressive realisation of disability rights, with a particular emphasis on how the CRPD's equality norm might strengthen the realisation of socio-economic rights for disabled people. That framework of review criteria is then applied to the right to education and the accessibility obligation incumbent on States under the CRPD.Finally, this book investigates how the equality and non-discrimination norms in the Convention have already influenced, and can potentially influence, the crucial shape of disability equality case law and policy. In that connection, a case study is carried out on the Council of Europe mechanisms, in order to assess whether the CRPD is having an influence on disability law and policy at the regional level.This book demonstrates the fact that the CRPD holds enormous promise for the future application of the equality and non-discrimination norms in relation to the rights of persons with disabilities. Notwithstanding this, significant challenges lie ahead in the realisation of de facto equality for persons with disabilities.

Fraud examination is a specialized methodology for resolving allegations of wrongdoing. The author states that traditional auditing techniques are insufficient for uncovering fraud in business and government, and offers an alternative approach. Fraud examination consists of specialized knowledge from four fields: accounting and auditing, investigation, law, and criminology. Each of these fields are covered in detail as they relate to fraud and white-collar crime, thereby increasing the knowledge necessary to fight the ever-increasing fraud problem. The professional interested in uncovering or documenting fraud must not only know how to discover it in the books and records. He or she must know how to recognize fraud symptoms; how to obtain evidence, take statements and write reports; to testify to findings; and to assist in the prevention and detection of fraud.

According to most authorities, fraud in business and government is at an all-time high. The responsibilities of the auditor and accountant to detect and deter fraud and white-collar crime are increasing, and yet they catch few frauds before devastating losses occur. In the view of Joseph T. Wells, this is because accountants and auditors wrongfully assume fraud can be detected and prevented through traditional audit techniques. Instead, the author suggests that auditors, accountants, and loss prevention professionals must find a new approach. Fraud examination is defined as the skills necessary to resolve allegations of fraud from inception to disposition; to obtain evidence, take statements and write reports; to testify to findings; and to assist in the detection and prevention of fraud. Fraud examination consists of specialized knowledge from four fields: accounting and auditing, investigation, law, and criminology.

The book begins with a section on criminology, which explains the various theories of why some persons commit crimes and others do not. A special emphasis is given to the theories of the white-collar offender. The next section, law, gives the reader a broad knowledge of the courts, how they operate, and the various procedures for proving fraud matters. It also details the various criminal and civil statutes by which fraud offenders are punished. The third section, auditing, provides the reader with specific techniques to examine books and records for fraudulent activity. Net worth analysis, a methodology for proving ill-gotten gains, is explored in detail. The final section, investigation, provides techniques on how best to obtain information through interview methods. It also covers confidential sources of information, as well as writing reports in fraud-related cases. This book is specifically designed for the person who not only wants to know about fraud, but what to do with it in the event it is suspected.

This book examines in detail both historical and current legal concepts of religious cultural heritage within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance."" In view of this, the study provides evidence of the European States active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism.

Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter.

The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the "sui generis" nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of sacredness expressed in the form of its religious character, the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs."

Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion.Refugees from Armed Conflict is of interest to academics and practitioners in international refugee and human rights law.'Anyone who is interested in the present refugee debate, should at some point take up Holzer's book [...].' (ZAR, 2016, 5-6, p. 186)

Charles Covell considers the political thought of Thomas Hobbes in relation to the tradition of international law, and with the intention to challenge the reading of Hobbes as the exponent of the realist standpoint in international thought and practice. The relation of Hobbes to international law is explained through attention to the place that he occupies among the modern secular natural law thinkers, such as Grotius, Pufendorf, Wolff and Vattel, who founded the modern system of the law of nations.

"Never again" stands as one the central pledges of the international community following the end of the Second World War, upon full realization of the massive scale of the Nazi extermination programme. Genocide stands as an intolerable assault on a sense of common humanity embodied in the Universal Declaration of Human Rights and other fundamental international instruments, including the Convention on the Prevention and Punishment of the Crime of Genocide and the United Nations Charter. And yet, since the Second World War, the international community has proven incapable of effectively preventing the occurrence of more genocides in places like Cambodia, Yugoslavia, Rwanda and Sudan. Is genocide actually preventable, or is "ever again" a more accurate catchphrase to capture the reality of this phenomenon? The essays in this volume explore the complex nature of genocide and the relative promise of various avenues identified by the international community to attempt to put a definitive end to its occurrence. Essays focus on a conceptualization of genocide as a social and political phenomenon, on the identification of key actors (Governments, international institutions, the media, civil society, individuals), and on an exploration of the relative promise of different means to prevent genocide (criminal accountability, civil disobedience, shaming, intervention).

International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties' primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties' bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.

Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.

Provides a systematic comparison of legal scholars' views and governments' practice regarding the occasions for, criteria for, and effects of recognition. It traces the evolution from the 19th century practice basing recognition mainly on effective rule to more frequent use of additional criteria in the interwar and early Cold War, to the reassertion of the primacy of effective rule since 1970 and places it in the context of contemporaneous changes in world politics.

The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.

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 text draws together contributions of leading international legal scholars respecting major themes of the future of international law in the 21st century. The papers have been collected in honour of the late Professor Kenneth R. Simmonds, former Director of the British Institute of International and Comparative Law and Professor of Law at Queen Mary and Westfield College, University of London. The book is divided into three parts: public international law; international dispute resolution; and European and other regional integration, which constitute the important themes and currents in contemporary international law. The sections also represent the areas that were of personal interest to Professor Simmonds and in which he was a leading contributor until his death.

This book creates a user-friendly, accessible guide to the complex area of sanctions law. In particular, the book examines how sanctions restrictions work in practice, and what the implications are for multinational businesses operating across numerous sanctions regimes. To this extent, the book considers the interrelationship between sanctions at the supranational and national levels, including the impact of the far-reaching US sanctions regime. The book's aim is not to provide an exhaustive list of sanctions regulations, but rather a framework for engaging with the relevant legislation and the main issues arising therefrom. Reinforcing this practical and commercially-focused approach, each chapter is written in a format that enables easy reading and rapid assimilation. Where there are relevant materials, be they legislative or case-law, these are outlined at the start of each chapter. In addition, the chapters dealing with challenges to sanctions designations each include a section with key principles, providing the clearest possible treatment of the subject.

There is unrelenting pressure, particularly on taxation authorities in developing and transition countries, to design tax incentives to attract foreign investment. Although experience shows that justification for the use of such incentives can be found only in limited circumstances, policy makers everywhere continue to confer tax benefits on investors in the hopes of achieving various economic objectives. In this widely-researched volume, a leading consultant and academic in the field of international taxation surveys the major forms of FDI tax incentives in theory and in practice. Although it is not intended as a design guide for national taxation authorities, the books scope and depth make it an indispensable source of comparative analysis, showing where efficiency and cost-effectiveness are most likely to lie in a wide range of economic situations. It is particularly valuable in its discussion of the following issues: Avoiding the race to the bottom that comes from excessive tax competition;The elusive distinction in many countries between standard and special tax rates;The perceived benefits of FDI for the various stakeholders;Locational determinants;Risk factors;Distortionary effects;Sectoral competition; andAdministrative monitoring of compliance. Professor Easson draws on numerous actual patterns that arise in various national, supranational, and sectoral contexts, in each instance shedding light on real conflicts and constraints, and clarifying the choices required of investors, taxation authorities, and target enterprises. Tax Incentives for Direct Investment will clearly be of great use to government policymakers, students of international taxation and international business, and those who determine and advise on the policies of multinational corporations and other international investors.

The Court of Arbitration for Sport (CAS) provides international sport with a jurisdictional institution capable of settling all legal disputes relating to sport. Founded in 1984, the CAS is currently the only international institution specializing in the resolution of sports disputes. Its decisions are equivalent to the judgments of state courts. This volume contains a compilation of all the major decisions in English and French it has issued since its creation in 1986 up until 1998. This compilation is aimed at a wide readership. Those who practice law and sports organizations will find specialized judicial practice in this work and will certainly see within it the foundations of a rapidly emerging Lex Sportiva.

This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

The "imagined community" of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the "national economy" In this book a number of authors - historians, legal scholars, political theorists - consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion of a nationally-bound citizen in the process of being superceded by a cosmopolitan legal subject?