In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary. The Treaty Series, where treaties are published in the chronological order of registration, also provides details about their subsequent history (i.e., participation in a treaty, reservations, amendments, termination, etc.). Comprehensive Indices covering 50-volume-lots are published separately. A Standing Order service is available for the Series and out-of-print volumes are available on microfiche.

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problematique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.

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.

The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolas Perez Serrano Prize by the Centro de Estudios Politicos y Constitucionales, for the best dissertation in constitutional law 2009-2010.

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 "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?

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.

'Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance ...' These words mark the beginning of the obligation for states to work together to enforce a multilateral normative treaty. Terrorism and transnational criminal activity heighten the need for harmonisation and improved coordination between enforcement agencies internationally. This volume addresses current national, regional and international practice from the perspective of 'lessons learned' by government officials, private practitioners, prosecutors, police and customs officials, staff members of international courts or treaty-implementing bodies, and academics who gathered in an OPCW international symposium in February 2001. Their work has since been updated and supplemented to include considerations emerging in the aftermath of 11 September 2001. Topics include problems with divergent national implementing legislation, concurrent jurisdiction, extradition, the role of victims and witnesses, export controls, protection of national security or confidential business information in judicial proceedings, and terrorism.

In an age of globalisation, many regulatory problems lie beyond the reach of the nation state. Solutions have to be found which extend beyond territorial borders. Normally we would expect international law to be the appropriate forum for addressing these issues, but this assumes formal consensus amongst states, which is difficult to obtain. Therefore a number of informal structures of pragmatic public governance have emerged as an alternative to formal law-making processes, operating within the transnational space between national and international law. These structures display a great variety-ranging from loose transboundary networks linking national administrative agencies and transnational expert committees, to networks involving administrative staff of international organisations. They work out their own agendas, and in some cases have emancipated themselves from formal national or international parent institutions. These network-like structures have become important building blocks of global governance, addressing today's regulatory issues in a more flexible way. At the same time their informality raises crucial questions of legitimacy. The present volume shows how transnational administrative governance leads to a paradox: while it performs well in many areas, providing solutions that are not achievable by state and international law, its informality profoundly lacks legitimacy in a strict sense. This book explores, from a socio-legal perspective, a broad range of legitimation mechanisms of different types and quality and shows that there can be a fit between certain forms of legitimation and specific governance constellations. In doing so, the book adds an empirical layer to our understanding of transnational administrative governance.

Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterize this rapidly expanding field of research and practice.

This account of the evolution of outer space law examines key issues that fuel the debates over sovereignty and property rights designed to govern the future colonization and use of heavenly bodies other than our own. In the United States, lobbies for the commercial development of space have become increasingly antagonistic toward the international legal regime of outer space, condemning the 1967 Outer Space Treaty and the unratified 1979 Moon Agreement as anti-business. The Development of Outer Space: Sovereignty and Property Rights in International Space Law argues that the res communis principle enshrined in the Outer Space Treaty was misrepresented here, with essential help from corporate lobbyists whose real object was the defeat of the Law of the Sea Convention. Thomas Gangale builds the legal case for reviving the moribund Moon Agreement as a prelude to negotiating a second Moon treaty to establish a regulatory regime for the exploitation of extraterrestrial resources. The author's account of the inception and evolution of outer space law to date is deeply informed by his appreciation of such terrestrial considerations as the nation-state system, the contending economic theories of capitalism and communism, and the post-colonial struggle between the developed space-faring nations and the developing earthbound nations.

Each of the Member States of the European Union has its own constitution, which not only contains the organizational structure of the state but also includes elements that provide a sense of order and identity to the society at large.

This book addresses whether new definitions of order and coherence that will be coined in European constitutional documents will replace the foundations at a national level and whether something will be lost in this transition.

Useful for European and national lawyers, academics, economists, historians, political scientists and sociologists.

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Terrorism and the International Legal Order introduces the various aspects surrounding the efforts which have been undertaken to enhance cooperation and coordination in the war against terrorism. It deals with jurisdiction and extradition, with the ICC and the ICJ, with safe havens and cross-border aspects. Van Krieken brings together key documents on terrorism in the context of the international legal order, all preceded by succinct introductions. He pays ample attention to all the UN organs, the Security Council and ECOSOC in particular, and to the European Union and its efforts to harmonize legislation. As fear exists that the fight against terrorism will erode the human rights regime, Van Krieken puts human rights in the broader context of international law and the quest for peace and justice. But he also extensively addresses the issue of asylum seekers and migrants who may have been, are, or might become involved in terrorism-related acts.

This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand.

The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law.

Legal Spaces offers an innovative and interdisciplinary approach to law.

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Includes a new introduction by the editor, John Norton Moore. The essays collected in this volume are contributions to a comprehensive legal theory for the regulation of civil war and intervention drawing on the insights of political science and history. The culmination of the Civil War Project of the American Society of International Law Panel on the Role of International Law in Civil Wars, it includes contributions by Moore, Ian Brownlee, Richard A. Falk, Michael Reisman, Richard R. Baxter, Derek Bowett, Wolfgang Friedmann, Oran R. Young, Tom Farer and James N. Rosenau. "[This volume] is a major contribution to the literature of the international aspects of civil war."Robert Gilpin, Foreign Affairs 53 (1974-1975) 777

Although much information is available about the trade provisions of NAFTA, little has been written on its provisions governing the international transfer of labor. For multinationals to remain competitive in the world market, they not only must access international markets for their products, but also the labor force to help them "provide" products. This book is a review of the immigration provisions of NAFTA and a step-by-step guide to help corporate management utilize them in their hiring practices. It also provides a reference source for legal material not easily found elsewhere, a description of the laws and the procedures they govern, a detailed description of how to complete INS forms, and checklists and suggestions to help do so. A unique guide for human resource executives and for their colleagues in the academic community interested in international business practices.

Part I provides a brief overview of the standard immigration provisions that relate to all NAFTA visas. Part II discusses the legal requirements for business persons, treaty traders and investors, and intracompany transferees who enter the United States to conduct business. Part III describes in detail how the United States businesses can hire Canadian and Mexican professionals. Step-by-step descriptions note important differences in the procedures for professionals from Canada and Mexico. The authors describe what professionals qualify, how to complete INS form, obtain TN status for professional employees, apply for extensions, and change or end employment. One chapter is devoted to issues relating to the professional's family. Part IV discusses supplementary issues of the effect of strikes, employer legal obligations, and obtaining permanent residence. The Appendixes include the full text of chapter 16 of NAFTA, relevant laws, INS forms, and checklists and addresses that businesses will find useful for preparing and filing INS petitions.

A Geo-Legal Approach to the English Sharia Courts: Cases and Conflicts adopts a new methodological perspective that combines Comparative Law with Geopolitics to understand the phenomenon of the English 'sharia courts'. This term is used as a geopolitical representation of specific Islamic ADR institutions. The geo-legal analysis illustrates the competition of the legal systems involved and brings you in the middle of the related conflict, where (official and unofficial) legal rules are used by various actors to defend their ideas of Law and implement their strategies. Accordingly, the geo-legal operational analysis helps assess the possible changes occurring in the relationship between the legal systems and their substratum of values.