A comparative study which deals with the rules of professional ethics applicable to the cross-border practice of law. It covers the major jurisdictions in this respect, including England and Wales, France, Germany, Italy, Spain, Belgium, the Netherlands, Sweden, the USA, Canada, Australia and Japan. A separate chapter deals with the development in the context of the European Union. The study is based on a questionnaire of the IBA Section on Business Law Subcommittee on the Structure and Ethics of Business Law. Part One of each country's report covers the basic rules applying to the domestic legal profession, such as the method of qualifying as a lawyer, the extent to which the legal services are reserved to lawyers, and the ethical rules which apply to matters like advertising, fees and correspondence. The second part sets out what rules the jurisdiction in question imposes on its own lawyers when they are involved outside the jurisdiction. The third section deals with the rules which apply to a foreign lawyer (which includes any lawyer admitted in another jurisdiction but not in the local jurisdiction under discussion) practising within the jurisdiction. Both the second and third parts are divided according to the various degrees of possible involvement, ranging from merely advising a foreign client from one's home office to practising from an office in the foreign country. The last part deals with the various kinds of international associations to which lawyers may belong, such as alliances, office-sharing, and multinational and multidisciplinary partnerships.

As a result of arms control efforts over the past 50 years, nuclear material is subject to strict national controls and tough international treaties. But there are still almost no controls, other than a voluntary International Atomic Energy Agency code of conduct, on the sorts of radiological sources used to make radiological dirty bombs. Radiological sources are used all over the world for a wide range of peaceful purposes, including smoke detectors, medical devices, meteorology, mining and thermoelectric generators. There are at least eight million identified radiological sources worldwide. Their small size, portability and high value make them vulnerable to misuse and theft: the IAEA reported 272 cases of illicit trafficking in sealed radioactive sources between 1993 and 2002.

The IAEA estimates that 110 countries worldwide still fail to impose adequate controls. The time is ripe for an international convention and treaty on the safety and security of radiological sources.

This book covers expert discussions designed to enhance cooperation and assistance between NATO and Partner countries in support of International Atomic Energy Agency (IAEA) efforts to secure radioactive sources against the threat of terrorism and also to support the security agenda at the International Radiation Protection Association Congress in Buenos Aires in 2008.

Modem international organisations are complex, multi-faceted institutions that are I As a corol transforming the way in which States comply with international rules. lary of that transformation independent action by individual states is under pres sure from other states in a range of cooperative regimes that make up modem international society.2 The World Trade Organization (WTO)3 exemplifies this trans formation. It has emerged from its former institutional framework of the General Agreement on Tariffs and Trade (GATT) into a fully-fledged international economic 4 organisation, with a specific mechanism for the settlement of disputes and a strong ethos of enforcement. Notwithstanding such developments, there is no satisfactory theory to explain what determines a compliance decision in WTO law or to account for the fact that 5 Instead, there is a general assumption that some Members choose not to comply. WTO Members are in compliance with their obligations and, more particularly with decisions which have been adopted by the Dispute Settlement Body. The issue of compliance with multilateral treaty regimes has been of consider able interest to political scientists and has spurned a burgeoning literature at the 6 intersection of international relations and international law, often arising from enquiries into the effectiveness of international regimes. In the context ofmultilat 7 eral treaty regimes two different perspectives on compliance have emerged in the 1. J.E. Alvarez, International Organizations as Law-makers (Oxford, Oxford University Press 2005) pp. ix-xxi at xv.

"Dr. Jayshree Pandya, " founder of Risk Group LLC (http: //www.riskgroupllc.com), is ahead of the curve in addressing the changing global fundamentals of the emerging Global Age.

Global Age, and its changing global fundamentals has brought complex, chaotic, and turbulent times for every nation-where failures at all levels have come to become self-evident, repetitive, destructive, and potentially hopeless in nature and uncertainty. Nations are caught off guard.

From what is visible across nations today, the promise of progress and prosperity for all nations does not seem to have materialized in a Global Age. Instead of progress and prosperity, what is visible today is crisis and catastrophe that is overpowering and overwhelming the capability of most nations to meet their promise of progress and prosperity.

Nations are in crisis. This introductory book Global Age: NGIOA @ Risk addresses the global shifts and the changing global fundamentals of Global Age, to lay out much needed foundation of an integrated NGIOA risk governance framework for the coming tomorrow. This book will make a convincing case for the far-reaching need and understanding of global risk concepts, global risk fundamentals, and risk centric integrated NGIOA governance. The integrated NGIOA risk governance approach proposed and discussed in this initiative is rational, practical, and feasible. It will help create a dynamic, vibrant, and sustainable NGIOA economy of a Global Age. This initiative is a first step towards that.

"

The book analyzes different critical attitudes towards European integration from a multidisciplinary perspective. By applying both quantitative and normative-theoretical approaches, the contributors assess the causes and effects of the popularity of EU-critical positions and doctrines, such as souverainism, neo-nationalism and neo-populism. The book also presents country studies to compare populist movements and parties, such as the Five Stars Movement in Italy, Syriza in Greece and UKIP in the UK. It offers insights into the historical and normative roots of the diverse anti-European standpoints, and the various political demands and agendas connected with these views, ranging from rejections of EU institutions to demands for institutional reforms and propositions for alternative projects.

The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a 'contractual' matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.

This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.

Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'etre for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

Can war be justified? Pacifists answer that it cannot; they oppose war and advocate for nonviolent alternatives to war. But defenders of just war theory argue that in some circumstances, when the effectiveness of nonviolence is limited, wars can be justified. In this book, two philosophers debate this question, drawing on contemporary scholarship and new developments in thinking about pacifism and just war theory. Andrew Fiala defends the pacifist position, while Jennifer Kling defends just war traditions. Fiala argues that pacifism follows from the awful reality of war and the nonviolent goal of building a more just and peaceful world. Kling argues that war is sometimes justified when it is a last-ditch, necessary effort to defend people and their communities from utter destruction and death. Pulling from global traditions and histories, their debate will captivate anyone who has wondered or worried about the morality of political violence and military force. Topics discussed include ethical questions of self-defense and other-defense, the great analogy between individuals and states, evolving technologies and methods of warfighting, moral injury and post-traumatic stress disorder, broader political and communal issues, and the problem of regional security in a globalizing world. The authors consider cultural and religious issues as well as the fundamental question of moral obligation in a world saturated in military conflict. The book was written in the aftermath of the war on terrorism and includes reflection on lessons learned from the past decades of war, as well as hopes for the future in light of emerging threats in Europe and elsewhere. The book is organized in a user-friendly fashion. Each author presents a self-contained argument, which is followed by a series of responses, replies, and counter-arguments. Throughout, the authors model civil discourse by emphasizing points of agreement and remaining areas of disagreement. The book includes reader-friendly summaries, a glossary of key concepts, and suggestions for further study. All of this will help students and scholars follow the authors' dialogue so they may develop their own answer to the question of whether war can be justified. Key Features Summarizes the debate between pacifism and just war theory Considers historical and traditional sources as well as contemporary scholarship and applications Models philosophical dialogue and civil discourse, while seeking common ground Discusses issues of concern in contemporary warfighting and peacemaking, while offering an analysis of the war on terrorism

Explores the Complex Relationship Between International Law and Civil War The current rash of civil wars seems to result both from the vulnerability of so many states to domestic violence and from the willingness of so many other states to promote or exploit this vulnerability for reasons of ideological solidarity, political expansion, national security, or human compassion. Thus, the kind of civil war that is most important to the maintenance of international order involves the interplay of interventionary diplomacy and domestic instability. International lawyers are deeply divided as to the wisdom of intervention policies, but they are agreed as to the imperative need for the international community to concur on rules of conduct that will prevent this escalation of local conflicts. The International Law of Civil War is the result of a special project sponsored by The American Society of International Law, designed to shed light on patterns in civil war situations and bring into focus the policy problems that arise from the interplay of domestic violence and external participation. The book highlights the essential features of typical civil war situations through six case studies: The American Civil War, 1861-65 by Quincy Wright International Legal Aspects of the Civil War in Spain, 1936-39 by Ann Van Wynen Thomas and A. J. Thomas, Jr. The Algerian Revolution as a Case Study in International Law by Arnold Fraleigh The Postindependence War in the Congo, by Donald W. McNemar The Relevance of International Law to the Internal War in Yemen by Kathryn Boals The Vietnam Struggle and International Law by P. E. Corbett The case studies are supplemented by an Introduction by the Editor, Richard A. Falk and Summary and Interpretation, by Edwin Brown Firmage. Emphasis is placed on the facts and law of external participation on behalf of either or both contending factions; the role of international institutions; the patterns of adherence to the laws of war by the parties to the conflict; and the patterns of settlement by which the violence was ended and order restored. Edited by RICHARD A. FALK, Albert G. Milbank Professor of International Law and Practice, Emeritus; Professor of Politics and International Affairs, Emeritus. Six case studies, all of them excellent. John G. Stoessinger, Foreign Affairs 49 (1970-1971) 755

Intended to orientate tax practitioners to the Public International Law aspects of taxation, this text also provides a framework from which Public International Lawyers may probe more deeply into the legal challenges posed by the interaction of national taxation with internatinal law. As such, the characterization of the subject as "The Public International Law of Taxation" is a statement of the need for an international consciousness in relation to issues of taxation. Thus far, the analysis from an internatioal law stand-point has been specifically, for example, problems of treaty interpretation in relation to double taxation agreements, fiscal jurisdiction, the regulation of international trade and taxation. In this publication, drawing on original and secondary sources, the assimilaiton accompanied by the commentary is intended to be a comprehensive treatment of the subject in one source.

The comprehensive guide to all the essential legal and business considerations in structuring domestic and international strategic business alliances. Readers are provided with a clear and concise introduction to the various domestic and international laws and regulations that impact strategic business relationships, including intellectual property law, antitrust law, commercial law, tax law, agency and distribution laws, and foreign investment laws. An indispensable resource for consummating sales representation arrangements, licensing arrangements, research and development arrangements, manufacturing and distribution arrangements, joint ventures, equity investment, and negotiated acquisitions. The book is intended for entrepreneurs, executives, and professionals. Entrepreneurs, executives, lawyers, accounts, and others involved in structuring cooperative business arrangements will benefit from the step-by-step approach to each strategic business relationship. The book provides guidance on each of the crucial steps in the negotiation process, including the selection of the prospective strategic business partner, the protection of trade secrets and confidential information, the due diligence process, representations and warranties, and dispute resolutions. Readers will gain an understanding of the essential bodies of law that might affect a relationship, such as intellectual property law, antitrust and competition law, laws relating to the sale of goods, agency and distribution laws, tax laws, export controls and antiboycott laws, and foreign inbound investment and technology transfer laws. The book covers each basic strategic business relationship that a firm might enter into to facilitate the development, manufacture, and distribution of products and services, including long-term functional contracts and joint ventures, minority investments, and negotiated acquisitions.

This volume approaches the current crisis of solidarity in the European Union from a multidisciplinary perspective. The contributions explore the concept of solidarity, its role in the European integration process, and analyze the risks entailed by a lack of solidarity. Experts from various academic fields, such as political science, law, sociology, and philosophy, shed new light on contemporary challenges such as the migrant and refugee crisis, the Eurozone crisis, nationalist and separatist movements, and Brexit. Finally, they also discuss different solutions for the most pressing problems in EU politics. The book has two main aims: Firstly, to show that solidarity is a key element in solving the EU's contemporary problems; and secondly, to reveal how the crisis of solidarity has become a crucial test for the integration project, as the nature of the crisis goes beyond the well-known shortcomings in the EU's structure and problem-solving capacities.

Neither willing to engage in a meaningful way to save targeted civilians in Iraq, Bosnia and Rwanda nor to stand entirely aside as massive violations of humanitarian law occurred, states embraced safety zones as a means to 'do something' whilst avoiding being drawn into open warfare. Humanitarian Intervention and Safety Zones: Iraq, Bosnia and Rwanda explores why and how effectively safety zones were implemented as a way to protect civilians and displaced persons in three of the most important conflicts of the 1990s. It shows how states consistently sought to reconcile their political and humanitarian interests, a process which often led to problematic and ambiguous outcomes, and assesses in fascinating detail the difficulties and controversies surrounding the use of such zones, variously called safe havens, safe areas, secure humanitarian areas, and zones humanitaires sures . The book also asks whether or not such zones could serve as precedents for possible future attempts to ensure the safety of civilians in complex humanitarian emergencies.

This thesis comparatively investigates into the justiciability of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, focusing on portable antiquities, and discusses the legal mechanisms to enforce these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archeologist, art dealers, academics.

"Already from the beginning of the twentieth century, international standards on social security have been developed by international organizations. A very active period of standard setting was the 1950s-1970s, although the focus was primarily on European countries. Since the 1990s, few new standards have been developed. Yet, there are still large deficiencies in social protection in many countries, and poverty keeps on being an unsolved problem. At the same time, structural changes are introduced to developed social security systems which seem to jeopardize the implementation of international social standards. On the one hand, the need to promote social protection for all on a global level is still strongly felt. On the other, innovations in social security in all part of the world seem to lead to new obstacles on the way to its realization."

Money laundering has been around as long as there have been illicit businesses, since criminals have always had to convert their ill-gotten gains into clean financial instruments in order to utilize them in legitimate business. Grosse explores how drug traffickers turn profits from street sales of cocaine and crack into bank accounts, airplanes, securities investments, and other uses. These schemes are both creative and extensive, from shipping suitcases of dollars to Mexico, to buying gold with drug cash in California, to faking the export of clothing from Colombia to Panama. The amounts of money involved are often staggering--hundreds of millions of dollars in most cases. Grosse also considers some of the issues raised by money laundering. He offers advice to banks and other financial institutions that hope to avoid becoming involved in a money laundering process. He examines the social costs and benefits of money laundering, in particular the charge that the rapid development of Miami in the 1980s was due directly to the hundreds of millions of cocaine dollars invested in real estate and businesses by the "cocaine cowboys." Increasing law enforcement has, in Grosse's opinion, only resulted in more clever laundering schemes, and recent discussion about legalizing narcotics will prove even more costly for the United States.

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

This unique text deals with the most important legal areas for e-commerce related business in most of the member states in Europe as well as the USA. In doing so the text takes into consideration the national law of the following countries: Belgium, France, Germany, Great Britain, Italy, Netherlands, Norway, Spain, Switzerland, and the USA. Topics that are dealt with include: contract law, consumer protection, intellectual property law, unfair competition, antitrust law, liability of providers, money transactions, privacy and data protection. The country-specific contributions follow a questionnaire which can be found in the beginning. The uniform structure of each contribution enables the reader to quickly find an answer to a legal question. All contributions have been written by experts from each member state.

The first comprehensive, international comparison of bail, this book examines how common-law countries condemn or provide alternatives to the American commercial bail bonding system. In his analysis of bail systems in 15 countries, F. E. Devine explains why other common-law countries consider the commercial provision of bail an obstruction of justice, and how they provide effective alternatives. Devine examines the pre-trial release alternatives in detail, arguing that they are at least as effective as commercial bail bonding.

Devine provides a complete, comparative analysis of bail in Australia, Canada, England, India, New Zealand and South Africa. He also examines the systems of Ireland, Malaysia, Nigeria, Pakistan, Papua New Guinea, Scotland, Tanzania, Zambia and Zimbabwe. He details the prohibition of, and statutory provisions against, commercial bail in these common-law countries, and then highlights four alternative approaches to pre-trial release: recognizance, criminal penalties, non-financial conditions, and non-commercial financial security deposits. Devine argues that these options are as effective as commercial bail. This book is valuable to scholars of criminal justice, criminology, comparative law, political science, and sociology, and to criminal justice reformers and professionals.

This book combines an insight into the legal aspects of operations conducted as part of the European Security and Defence Policy (ESDP) of the EU along with an analysis of the status and obligations of international organizations under international law. It then applies the findings to the law of armed conflict and human rights in relation to ESDP operations. Part I describes and analyzes the ESDP, including all 22 military and civilian crisis management operations launched up to August 31, 2009, as well as developments under the Lisbon Treaty, and briefly discusses the international law issues raised, offering a unique insight into ESDP practice and its legal aspects. Part II examines this practice in the framework of the status and obligations of international organizations under international law. It looks at the legal status and personality of international organizations and of the EU, as well as how international organizations, including the EU, are bound by international obligations. Part III extensively addresses the international law applicable to the conduct of ESDP operations, in particular the law of armed conflict and international human rights law, filling a gap in the literature. Frederik Naert received a special mention from the Jury of the 2012 Ciardi Prize for his book International Law Aspects of the EU's Security and Defence Policy, with a Particular Focus on the Law of Armed Conflict. The Ciardi Prize is awarded annually to a substantial and original study dealing with military law, law of war or any matter connected with or related to the aforementioned.