The Canadian Council on International Law was founded in 1972 by a group of some of Canada's leading and most distinguished scholars and practitioners in international law. The Council supports the development and exchange of ideas amongst a community of persons interested in international law, with particular focus on the Canadian perspective on international matters. To this end, one of the major activities of the Council is to hold an annual conference. This year's conference proceedings comprise a collection of essays written by leading academics and practitioners on the theme: From Territorial Sovereignty to Human Security. A wide range of subject areas are addressed, including territorial sovereignty, international criminal law, environmental law, recognition and enforcement of foreign judgments, the Convention on the Rights of the Child, international trade law, failed states, and human security. This work will be of value to international lawyers in both the public and private sphere, legal scholars and those interested in international relations.

This book offers a wide array of legal approaches to regulating the private military corporation, including international, corporate, constitutional and administrative law. It covers a new important topic - private military corporations. It is the first examination focused on regulatory problems and potential of private military corporations. It places the private military corporation in a contemporary global context.Private military organizations are a new and important feature of the international landscape. They offer control of potential massive violence to the highest bidder with very limited accountability. This book offers critical insights into both the phenomenon and the challenges of and potential for regulation.

Over the last thirty years, many political transitions from authoritarian regimes and dictatorial political systems have been accompanied by Truth Commissions. Since 1974 there have been over twenty of these Commissions established in countries as diverse as Argentina, Chile, Uruguay, Bolivia, El Salvador, Ethiopia, the Philippines and Germany, among others. Perhaps the most important Truth Commission of our time is the South African one which also seeks to act as a mechanism for reconciliation in a divided society. The South African conflict was extremely long and violent; its victims suffered traumatic experiences and, in part, one of the Commission's functions is to allow their story to be told. This book tries to examine the Truth Commission here and the issues that surround it, assessing different versions of the South African past and the complex negotiations leading to the establishment of the Commission and the complex politics of amnesty, justice and nation-building.

Recent constitutional thinking has directed its attention to the profound impact of soft norms on the way legislation is made. This book identifies the European Union's impact assessment regime as a source of these norms. In 2002, the European Commission, later followed by the European Parliament and the Council of Ministers, committed to performing rigorous assessment of the economic, social and environmental impacts of policy options before adopting (legislative) proposals. Applying a constitutional lens to this regulatory topic, Anne Meuwese examines both the details and the framework of IA in EU lawmaking to date, drawing attention to its strengths, its contradictions, and its power to enhance the deliberative quality of legislative debates. Integrating the perspectives of political scientists and economists with the concerns of legal scholars and practitioners, Dr Meuwese describes and interrelates such aspects of the subject as the following: the potential role of impact assessment as a catalyst of legal principles, by emphasising or overriding norms that govern both the procedural and the substantive aspects of the EU legislative process; the constitutional tasks of impact assessment as applied to European legislative proposals, especially relating to subsidiarity, proportionality, and the precautionary principle; the formal and informal extension of the scope of impact assessment beyond the co-decision procedure; the question whether impact assessment crosses the line between informing the legislator and fettering legislative discretion.In the course of her analysis, Dr Meuwese develops models for possible usages of IA in EU lawmaking, analyses the implementation of impact assessment processes in the European Commission, the European Parliament and the Council as well as the roles of relevant co-actors, and offers results of empirical research in the forms of a survey of EU legislative practice and in-depth case studies of four EU legislative dossiers. "Impact Assessment in EU Lawmaking" is a significant milestone in a number of emerging legal debates around Europe's constitutional future, accountability regimes, meta-regulation, and the growing awareness of de facto binding norms. Its vital implications reach far into the future, not only for EU legislation but for the entire field of constitutional law as it adapts to prevailing structures of public power everywhere.

For upper-level undergraduate and MBA students enrolled in an international business law course. August emphasizes the diversity and similarity of how firms are currently regulated and governed around the world.

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.

The Criminal Justice System: An Introduction, Fifth Edition incorporates the latest developments in the field while retaining the basic organization of previous editions which made this textbook so popular. Exploring the police, prosecutors, courts, and corrections, including probation and parole, the book moves chronologically through the different agencies in the order in which they are usually encountered when an individual goes through the criminal justice process. New in the Fifth Edition: A complete updating of charts and statistics to reflect the changes the FBI has made to the Unified Crime Reports System Expanded material on the history of law enforcement Additional information on terrorism, homeland security, and its effect on the police New approaches to policing such as Problem-Oriented Policing and Intelligence-Led Policing Cyber crime, identity theft, accreditation, and new approaches to crime analysis New information on prosecution standards, community prosecution, and prosecutorial abuse New emphasis on the concept of jurisdiction and the inter-relation between the courts' functions and the other branches of the criminal justice system An examination of the dilemma for the courts caused by the intersection of politics, funding, media, and technology New discussions on prisoner radicalization Pedagogical features: Each chapter begins with an outline and a statement of purpose to help students understand exactly what they are supposed to master and why Illustrations to assist in the clarification and further development of topics in the text Each chapter ends with a summary, a list of key terms, and a series of discussion questions to stimulate thought Appendices with the United States Constitution, a glossary of criminal justice terminology, and websites useful in gaining knowledge of the criminal justice system Access to a free computerized learning course based on the book

The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.

This book investigates pesticide compliance in China in order to provide a more comprehensive understanding of compliance and offers some feasible and adaptable suggestions for enhancing the effectiveness of this compliance. It discusses the weak implementation of Chinese laws and rules and emphasizes the necessity and importance of a compliance perspective in China that focuses on why laws are obeyed or broken. It examines how vegetable farmers' perceptions of amoral calculation affect their pesticide compliance behavior and analyzes how the legitimacy of law is related to compliance to better explain how all the variables interact to shape compliance. It discusses both qualitative and quantitative methods, and uses a large-N qualitative approach, which allows for systematic analysis and in-depth exploration. This book will help readers to understand compliance in developing China by adopting and developing compliance theories which are broadly developed in the West.

This work deals with cooperation between companies active in the exploration and exploitation of petroleum. A distinction is made between two forms of cooperation; proportional cooperation between oil companies who jointly own an exclusive petroleum right, either an exclusive licence or a risk contract, and non-proportional cooperation between state enterprises and oil companies who enter into production sharing agreements or other type of risk contracts. The book explains the reasons for cooperation and the strategies followed to minimise non-market-related risks. It provides detailed analysis of customary joint venture agreements and of special provisions in these agreements such as non-consent options and sole risk options. The work further covers compulsory cooperation in the form of either state participation or unitisation agreements. A separate chapter is devoted to production-sharing agreements.

The book is intended for geologists and petroleum engineers in charge of extractive ventures and for international lawyers, consultants and other professionals who are in charge of designing, negotiating and promoting any type of cooperative agreement.

Comprehensive coverage of Chinese legality during the Xi era through ideology, law, and institutions. Explores events from ancient times to the present, including Xi's term limit issue, the Hong Kong protests, and the Covid-19 pandemic. An interdisciplinary text involving international collaboration, with authors from political science, sociology, and law backgrounds from the United States, United Kingdom, Australia, Hong Kong, China, and Taiwan.

In 2007 and 2008, Belgium was once more a privileged observer of the international community's approach to peace and security, serving as non-permanent member at the UN Security Council (UNSC). Participating in this 'global core cabinet' for the fifth time, Belgium would build upon its historical expertise, especially in relation to Central Africa. Yet its role would not be limited to this particular region. The Belgian government aimed to contribute in a substantial way to all major issues, from North Korea to Haiti, taking the role of 'bridge builder.' This volume contains a variety of essays in light of Belgium's 2007-2008 membership of the UNSC, covering issues that were high on the international agenda, as well as more horizontal ones. The contributions, by policy officials and academics, will give a comprehensive overview of these two years and provide insight into the limits and opportunities of a smaller EU Member State in UNSC politics.

With isolationism and protectionism strengthening in response to the forces of globalization, the interrelationship of the national and supranational in shaping good governance norms has become increasingly relevant. Good Governance in Economic Development critically examines the transparency and accountability mechanisms underpinning international trade, finance, and investment regimes, particularly in view of the intensifying influence of China. It also explores the Chinese state's engagement with these norms, shedding light not only on how the principles of transparency, accountability, and public participation are applied within China, but also on the ability of China to affect international rules.

This work is a comparative examination of the uniform application of the Brussels and Lugano Conventions by courts in the UK,France, Germany, and various other European countries. It analyses evidence of inconsistent or divergent interpretations of certain contentious articles of these Conventions and the experience of litigation under them in other (French- and German-speaking) jurisdictions. The book acts as a unique repository of information and offers a detailed examination of both academic commentary and case-law from the Convention jurisdictions together with a critical appraisal of the jurisprudence of the European Court of Justice. It thus encompasses, in an accessible English form, the laws of Continental Europe, which would otherwise be out of the reach for lawyers. At appropriate points, it provides a bridge to the new regime under the Brussels I Regulation 44/2001 and Council Service Regulation 1348/2000, and the reforms underway in the draft Hague Worldwide Judgments Convention. The book will be invaluable to practitioners acting for clients on a pan-European basis who may need to know the likelihood of their clients' being sued under the Conventions in other Contracting States, their opponents' potential strategies before their own national courts, and the possible tactics that should be employed to plan for, avoid, or even block such manoeuvring. Of eventual concern to practitioners is the availability, or not, of a sympathetic recognition and enforcement regime in other Contracting States. The work highlights certain pitfalls in this regard, and most likely hurdles that certain Contracting State judgment debtors may place in the way of recognition and enforcement, and the chances of receptive or hostile treatment before certain Contracting State courts.

The rapid proliferation everywhere of non-standard work arrangements, and the dramatic transformation of labour markets that inevitably follows, raise crucial questions about the future of labour law in national and regional contexts. Is labour law being called upon to perform the new function of promoting employment and actually creating jobs? Is it moving away from its original mission of protecting people at work, and instead protecting and fostering employability? How are labour law regimes in various countries reacting to this pressure? To what extent are they redirecting their focus? Are they in fact resisting the pressure to change and impeding the progress of job creation policies? These are among the vital questions addressed at an international conference organised in Modena, Italy, in April 2000 by the International Club Meeting of Labour Law Periodicals, an informal forum linking a number of reviews from around the world under the auspices of The International Journal of Comparative Labour Law and Industrial Relations (IJCLLIR). This book records the work of this discussion, offering the contributions of outstanding scholars from ten countries in all five continents. In particular, "Job Creation and Labour Law" highlights the ongoing debate between those who believe that legislative employment protection has little or no effect on overall employment and those who insist it is an essential factor in ensuring the continuity of a competent and adequate workforce. Scholars, practitioners, lawmakers, and others interested in the changing state of labour law will appreciate the expert authorship and truly international perspective of this insightful work.

In addressing the "politics" of the international regulation of public procurement, this book fills a major gap in the literature. Brown-Shafii does this by investigating whether a WTO Agreement can be used to promote good governance, development and accountability.

Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 37 features a Tobacco Plain Packaging Agora.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

The Wild, Wild East recounts the adventures of late-onset Texan and international businessman Tom Meurer over a span of 55 years, from the Cold War to the War on Terrorism. As a freshly commissioned Air Force lieutenant, Tom experienced a build-up to war. But it was only after billionaire H. Ross Perot wooed him into the seemingly starchy world of software engineering that Meurer traveled to wartime Vietnam and Laos, searching for evidence of 1,600 missing U.S. prisoners of war. He found himself negotiating with drug-runners, brothel owners, gold smugglers, and dangerously high-ranking diplomats. What started as a privately funded international spy-ring, ended with a privately funded tickertape parade and star-studded weekend reception in San Francisco. Years later, he returned to Vietnam, looking for oil instead of prisoners. Between trips to Southeast Asia, Meurer began working with the Nixon White House as a presidential advance man. Beyond the obvious challenges of anti-war and civil rights protests, Meurer recounts the perils of camera angles, college football fans, bathroom visits, exotic helicopter rides, and the devastating 1970 Peruvian earthquake, which killed more than 80,000 people. Meurer tells of his longtime friendship and business career with Ray Hunt, of Hunt Oil Company, and the game-changing discovery of oil in Yemen - a country "storming out of the 14th century." Ever the fish-out-of-water, he describes his travels, negotiations, and business developments in "Red China" as it began to turn capitalist in 1979. Through his role in Chinese oil exploration, private equity, personal friendships, and the nascent beef industry, Meurer witnessed the People's Republic of China's meteoric rise over the following 35 years. Along the way, we find him pranking communist border guards, breaking out of curfew-imposed war zone hotels and into U.S. embassies, nearly crash landing in Siberia, arrested for jogging in Albania, vacationing with the family in Karl-Marx-Stadt, and ingesting unspeakably exotic foods. He watched leaders, luminaries, lending practices, and landscapes change and change again (and then again), while collecting hotel soap, memberships to airline VIP lounges, and frequent flyer miles. He often found himself in rooms with presidents, prime ministers, sheikhs, and village chiefs as history was happening. In true Forest Gumpian fashion, The Wild, Wild East is a study in best-case scenario of wit + energized wonder + proximity to wealth. Through the opportunities presented by Perot and Hunt, Dallas billionaires who were employers but became dear family friends, Meurer found himself living his best life, one of worldwide adventure while simply having fun, making an honest living, and helping the truest of people and best of friends. These are stories of one man's life - the career, adventures, and impressive people, friends, axioms, discoveries, events, cultures, and institutions he encountered along the way.

Wilhelm G. Grewe's "Epochen der Volkerrechtsgeschichte," published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation.

The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Naa (TM)im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.

Depending on the goals to be achieved, there are many ways to calculate a company's profits. This is to a great extent due to the different aims of financial and tax accounting. Financial accounting is undergoing a growing influence of IAS/IFRS. IFRS is also exerting a growing influence on tax accounting. This is especially visible in the European development of a Common Consolidated Corporate Tax Base (CCCTB) for multinational corporate entities. Although no formal link exists between IAS/IFRS and CCCTB, IFRS will likely be a strong material influence on various key elements of the CCCTB. Many tax professionals (and Member States) fear the influence of IAS/IFRS on tax accounting mainly given the divergent aims of IAS/IFRS and tax accounting. The introduction of IAS/IFRS will have significant consequences for tax accounting, disclosure and corporate law accounting concepts in individual Member States. Since IAS/IFRS is strongly influenced by the Anglo-American view on accounting, a question arises regarding its potential influence on the various continental disclosure, tax and financial accounting systems. In other words, one can readily envision a confrontation of systems with totally different backgrounds. This insightful work focuses on the consequences of this 'clash of cultures' for tax accounting, disclosure and corporate law accounting concepts.