Colonialism led to the importation, or better still imposition, of European administrative systems on the indigenous people of Africa. France specialized in this, practicing direct rule and an assimilation policy in their colonies up to the time of independence. In Cameroon, French administrative law ("droit adminstratif") became part of the national legal system. In this highly original new book, Cameroonian legal scholar Moye Godwin Bongyu explores the intersection of public administration and the state, colonization and administrative systems, public and private laws, rule of law, and comparative administrative law. He then addresses laws relating to administrative organization in Cameroon. Part Three of the book deals with laws governing administrative resources. Part Four describes practical administrative action and the civil procedure. Part Five focuses on the control to administrative action, examining the submission of the administration to specific law, as well as the history, rules, and procedures of administrative justice in Cameroon.

This book discusses the possibilities for the use of international human rights law (and specifically, international biomedical laws related to the protection of human rights and the human genome) to provide a guiding framework for the future regulation of genetic modifications applied to human embryos and other precursor materials, when these are made with the aim of implanting a genetically altered embryo in a woman. The significance and timeliness of the work derives from the recent availability of CRISPR/ Cas9 and other gene editing tools, and from lacunae in international law regarding the legality of embryo modification with these tools and appropriate governance structures for the oversight of resulting practices. The emergence of improved genome editing tools like CRISPR/Cas9, holds the promise of eradicating genetic diseases in the near future. But its possible future applications with Pre-Implantation Genetic Diagnosis (PGD) raises a plethora of legal and ethical concerns about "remaking" future human beings. The work aims to address an urgent call, to embed these rising concerns about biomedical advancements into the fundamental tailoring of legal systems. Suitable regulatory approaches, coupled with careful reflection of global biomedical laws and individual constitutional systems must be explored. The Book analyzes the impact of reproductive biomedical technologies on the legal and ethical dimensions of regulatory frameworks in selected constitutional systems like the US, the UK, Australia, Malaysia and Thailand. Employing a comparative law methodology, the work reveals a dynamic intersection between legal cultures, socio-philosophical reasoning and the development of a human rights-based framework in bio-political studies. Navigating towards a truly internationalized biomedical approach to emerging technologies, it presents an understanding why a renegotiation and reinvigoration of a contemporary and "new" universal shared values system in the international human rights discourse is now necessary.

During the last twenty years, United States attitudes and legislation regarding sanctions against the white-dominated government of South Africa have gone through considerable flux. This bibliography is designed to provide a guide to the statutes dealing with sanctions, government documents examining the issue, and books, articles, and pamphlets issued on the topic.

The bibliography is organized by type of material. Many of the entries are annotated, and access to the material is enhanced by a general subject index keyed to entry number. This work will be of considerable value to students and scholars involved with contemporary international law and with African Studies and American foreign relations.

"The best introduction to global environmental politics I have seen."
--Andrew Hurrell, editor of "Regionalism in World Politics"

Human activity is changing the global environment on a scale unlike that of any other era. Environmental deterioration is now a global issue--ecologically, politically, and economically--that requires global solutions. Yet there is considerable disagreement over what kinds of strategies we should adopt in order to halt and reverse damage to the global ecosystem.

What kinds of international institutions are best suited to dealing with global environmental problems? Why are women and indigenous peoples still marginalized in global environmental politics? What are the consequences of the global ecological crisis for economic and security policies? The Global Politics of the Environment makes sense of the often seemingly irreconcilable answers to these questions. It focuses throughout on the tensions between mainstream strategies, which seek to build support for reforms through existing institutions, and radical critiques, which argue that environmental degradation is a symptom of a dysfunctional world order that must itself be transformed if we are to meet the challenge of saving the planet.

This book focuses on the decision of the Tribunal in the South China Sea Arbitration that China had operated its law enforcement vessels in ways that created risks of collision with Philippine official vessels at Scarborough Shoal in April and May 2012. The book explains the International Regulations for Preventing Collisions at Sea (COLREGS) and the incidents in layperson's terms. It analyzes China's violations of the COLREGS on the basis of confidential Philippine documents declassified for the Arbitration, technical works by professional mariners, and the reports submitted by the navigational safety experts to the Tribunal. It pays attention to Chinese post-arbitration critiques of the Tribunal 's decision, which it characterizes as rationalizations of collisions as instruments of Chinese foreign policy. It contrasts China's conduct with the practice of the US and Western European States, which mandate compliance with collision regulations even during law enforcement operations. The book draws on sources in five languages (English, French, German, Italian, and Spanish), and helps the reader understand the pattern of China's harassment of vessels from littoral and non-littoral States in the South China Sea as well as the absence of legal foundations for China's rationalizations of its behavior.

The book explores the WIPO journey so far and looks at how relevant the treaties are in contemporary world after 25 years of their existence. It revisits the WIPO Diplomatic Conference, narrates briefly how the Internet Treaties came into being, describes all the developments germane to the Internet Treaties over the last twenty-five years and examines at length how well these treaties withstood the creative gales of destruction having a bearing on the production, distribution and consumption of digital content. The retrospective consists of two parts. The first part looks back at the conference, its course of events, its negotiation dynamics, the doctrinal differences and sharply conflicting economic interests underlying the stands taken by the main parties to negotiations and the national and transnational interest groups that sought to influence the negotiation process and outcomes. The second part reflects on the outcomes and assesses with the wisdom of hindsight, how appropriate the outcomes were and how well they withstood the passage of time. This second aspect is the main focus of this book. The retrospective is limited to the digital agenda of DipCon; but for the digital agenda, the DipCon is convened so soon and the Internet Treaties concluded so fast. The book provides rich material for researchers studying the WIPO journey and also the practitioners by throwing light on discussions that led to a treaty that has in general withstood the trials of time.

The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.

Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework. Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today; therefore, the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.

This book offers a unique overview of the main legal systems of administrative sanctions with thorough analyses of the administrative law sanctioning systems in 13 Member States and the European Union. The focus is on both remedial and deterrent sanctions in administrative law. Especially where deterrent sanctions are involved, the aspects of national and international constitutional law are analysed as well as the influences of criminal law approaches in this legal area. After a general analysis of the definitions of sanction, thorough country analyses are presented of Austria, Belgium, Finland, France, Germany, Greece, Italy, the Netherlands, Portugal, Romania, Spain, Sweden and United Kingdom. The book concludes with an analysis of administrative sanctions in EU Law. This collection is the result of an expert meeting of and a cooperation between specialists in both criminal law and administrative law. In part, this project was supported by the Dutch Research Foundation (Nederlandse Organisatie voor Wetenschappelijk Onderzoek) and the Dutch Ministry of Security and Justice.

ISO 14001 is the new international standard for environmental management systems. But what difference will it make to the environmental performance of companies that receive it? Will it do anything to further sustainable industrial development? This edition seeks to argue that it will not and further that it does not have a legitimate practice in discussions of sustainable industrial development.;The authors point to a massive democratic deficit in the process of establishing the standard in which small and medium-size enterprises, developing country officals, public opinion and environmental groups may have trouble participating. They aim to argue that this has put up barriers to the full participation of these parties. Moreover, they seek to describe how the standard reverses the trend for firms to innovate to meet the challenge of sustainability.

This book analyses the current legal situation and protection of vulnerable groups in Lithuania, Latvia, Estonia and Poland. In recent decades, national legislation in many European states has especially focused on vulnerable groups with the aim of securing their enhanced protection and social inclusion. This trend is also noticeable in North-Eastern Europe, where the legal frameworks are constantly being revised to address the needs of vulnerable parts of society, including women, children, the elderly, people with disabilities, and minorities, as well as prisoners and victims of crime. But despite these positive changes, many challenges persist. In this book, the authors provide a comprehensive, comparative analysis of legal regulations and practices intended to protect vulnerable groups in Lithuania, Latvia, Estonia and Poland, and in the process, share insights into the current situation and trends in this often-overlooked region. Part I introduces readers to the topic by defining the concept of vulnerable groups and elaborating on its understanding in the European and national contexts. Part II analyses the legal protection of groups characterised by inherent and/or circumstantial vulnerability, while Part III addresses specific crime-related vulnerability issues in the target region. In closing, Part IV puts the spotlight on three specific vulnerable groups in the discussed countries.

First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights' case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union's approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations' own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.

This book focuses on the development of artificial intelligence and rule of law in the current world. It covers topics such as AI strategy, policy, law, theoretical research, and practical application. Through an in-depth analysis and thorough evaluation, this book provides a more objective, fair, accurate and comprehensive report. The purpose is to lead the AI and rule of law research and create an AI and rule of law environment which is conducive to the construction of AI and rule of law system. In particular, it aims to play an active role in promoting the establishment of legal systems, policy systems, and codes of ethics that are compatible with the innovative development of AI, thus facilitating the implementation of a new generation of AI development strategies, and ensuring the safe, reliable, controllable, healthy, and sustainable development of AI.

This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.

Protection of the human environment and sustainable development of the world increasingly manifest themselves through negotiation and enforcement of internationally agreed legal rules and standards. International environmental negotiation has become a common format to design norms that affect national and international legal orders and influence the behavior of various stakeholders. Accordingly, international environmental negotiations attract multiple players: from sovereign States to environmental NGOs, to the business community and civil society. The growing complexity of international environmental negotiations demands, in order to make the process effective, a comprehensive and adequate preparation of all actors. The Environmental Negotiator Handbook is designed as a single volume tool that equips participants of international environmental negotiations with a structured description and analysis of the negotiating process. All stages of the development of international environmental agreements are carefully followed, researched, commented on and illustrated with multiple documentary examples. The book traces the process from the pre-negotiation stage to actual implementation of the agreed regime. The book also includes a large collection of essential international texts to be at hand for representatives at international environmental negotiations. This volume is aimed at a wide range of readers, including government officials, staff of relevant intergovernmental organizations and secretariats, non-governmental organizations, practicing lawyers and academic scholars.

Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies.

This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students.

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brustle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely "liking" certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.