This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork's authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world's most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.

AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume One of AILC consists of cases involving international law in general and territories, trusteeships, boundaries and navigable waters. For example, in Abdullahi v. Pfizer, Inc., the Plaintiff-Appellants sued under the Alien Tort Statute (ATS), claiming defendants violated a customary international law norm prohibiting involuntary medical experimentation on humans. Among other rulings, the appellate court ruled that the district court incorrectly determined that the prohibition in customary international law against nonconsensual human medical experimentation cannot be enforced through the ATS, and reversed and remanded for further proceedings. In Cunzhu Zheng v. Yahoo! Inc., the plaintiffs alleged that Yahoo! China disclosed to the Peoples Republic of China (PRC) specific personal information "about plaintiffs, and that, as a result of the disclosures, plaintiffs were subjected by the PRC to serious injuries and serious economic damages." The court examined whether the Electronic Communications Privacy Act applies outside the United States and ruled that it did not.

AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. The cases in Volume Three of AILC cover procedural aspects, including jurisdictional questions, forum non conveniens, choice of law, and discovery. The issue in Capital Ventures International v. Republic of Argentina was whether the Republic of Argentina explicitly waived its sovereign immunity from suit in the United States as to claims relating to bonds issued by Argentina under German law. The court found that there was subject matter jurisdiction over the claims relating to the German bonds because Argentina explicitly waived its sovereign immunity to suit in United States courts on those claims. In Aguas Lenders Recovery Group LLC v. Suez, S.A., Sociedad General de Aguas de Barcelona, S.A., Agua y Saneamientos Argentinos, S.A., the issue was whether, for the purposes of the doctrine of forum non conveniens, a non-signatory to an agreement may be bound by a forum selection clause and forum non conveniens waiver contained in contracts entered into by an entity alleged to be a predecessor in interest. The court held that such a non-signatory may be bound.

AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Four of AILC covers procedural issues, including those in foreign proceedings. The volume also covers the Foreign Sovereign Immunities Act. The appellate court in El Paso Corporation v. La Comision Ejecutiva Hidro Electrica del Rio Lempa affirmed the district court's denial of the plaintiff's request for discovery for use in a private international arbitration proceeding. The arbitration was conducted pursuant to the parties' agreement under the United Nations Commission on International Trade Law arbitration rules, El Salvadoran substantive law, and Swiss procedural law. In Muhamed Sacirbey v. Joseph R. Guccione, the issue was whether an arrest warrant issued by a foreign court that no longer has jurisdiction over the accused, nor the power to enforce the warrant, can provide an adequate basis for the extradition of a United States citizen.

AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Five of AILC covers procedural aspects, the Foreign Sovereign Immunities Act and the commercial exception, the Act of State Doctrine, U.S. Sovereign Immunity, and the Alien Tort Claim Act. In Sonia Ghawanmeh v. Islamic Saudi Academy, an issue was whether the Kingdom of Saudi Arabia's operation of the Islamic Saudi Academy constitutes commercial activity under the Foreign Sovereign Immunities Act. An issue in Vishranthamma Swarna v. Badar al-Awadi was whether the individual defendants, by virtue of their diplomatic immunity, or Kuwait, by virtue of its sovereign immunity, are immune from any or all of the plaintiff's claims. The plaintiff brought claims under international law for trafficking, involuntary servitude, enslavement, forced labor, and sexual slavery.

This book analyzes China's attitude to international law based on historical experiences and documents, and provides an explanation of China's approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.

This book offers a comprehensive assessment of the successes and failures in China's current legal system construction. It systematically and comprehensively examines the development of China's rule of law policy since the reform and opening up, as well as future trends. The main areas covered include: The course, achievements and motivation behind China's construction of law-based administration; Development, status quo and general characteristics of administrative legislation; Reform of the administrative examination and approval system and the administrative licensing system; The relationship between social security system reform, beneficial administration and service government; The development of administrative law in China; Origin of the concept of due process, experiences with and development trends concerning China's administrative legislative procedure; The importance of government information, open practices, problems and development trend; History, current situation, reform mechanism of the emergency management system and the improvement of the legal system for emergency requisitions; The course, practical problems in and reasons for the enhanced approach of administrative reconsideration system; The course, achievements in, current situation and enhanced approach of administrative litigation system; The course of the national compensation system; and the construction of responsible government and administrative accountability system.

This book highlights the main features of the economic, commercial, political, fiscal and financial systems of each of the ASEAN countries from a domestic and an international point of view. Moreover, it analyses the most relevant international treaties signed by ASEAN's members. Published after the 50th anniversary of ASEAN to promote the association, the book is a valuable tool for practitioners who are interested in developing economic activities or investments in this area.

This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States' claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions' governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.

This book examines the early years of the Claims Conference, the organization which lobbies for and distributes reparations to Holocaust survivors, and its operations as a nongovernmental actor promoting reparative justice in global politics. Rachel Blumenthal traces the founding of the organization by one person, and its continued campaign for the payment of compensation to survivors after Israel left the negotiations. This book explores the degree to which the leadership entity served individual victims of the Third Reich, the Jewish public, or member organizations.

Reginald Appleyard occupies an eminent position in the field of international migration and development studies. This enlightening volume of essays, in his honour, brings together contributions from a distinguished group of scholars who have known him for many years and hold him in high esteem. Combining judgements and expertise from all fields of the social sciences, this unique book provides a truly inter-disciplinary analysis of one of the most significant emerging problems of the 21st Century. The authors examine different aspects of migration from an international perspective, evaluating the nature and significance of change in the movement of people, and attempting to predict emerging trends in the volume, direction and composition of global migration. The book questions the causes of illegal and refugee migration, the politics of selection and restriction, and the changing determinants of return migration. In particular, the authors emphasise that original approaches and theories are required to study and understand the rapidly changing trends in international migration associated with new technology and globalisation. By addressing issues which are likely to be of growing significance during the 21st century, this thought-provoking book will be of immense value to students, scholars and researchers in the social sciences, and especially the theory and policy of international migration.

Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.
Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners.
The Cumulative Index volume for 1989 through 2008 contains a complete table of cases and index covering all volumes of the Digest of U.S. Practice in International Law published to date since the Office of the Legal Adviser renewed publication in 2000.

Strategic A2/AD in Cyberspace focuses on exclusion from cyberspace, or the ability of a state to be cut off entirely from cyberspace. Strategic anti-access and area denial (A2/AD) operations are common in other domains, but, before now, they have not been examined for their relevance to cyberspace. This book examines how strategic A2/AD operations can cut off states from cyberspace through attacks at either the physical or logic layers of cyberspace. The result of strategic cyber A2/AD operations could be catastrophic for modern economies, governments, military forces, and societies, yet there has been surprisingly little study of these threats to states' access to cyberspace. This book examines the implications of strategic cyber A2/AD operations for deterrence strategy and proposes a new view of how exclusion from cyberspace can be used as a coercive tool in diplomacy.

For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf.
Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites.
Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as:
Legal terms as used in international law
Significant doctrines
Prominent cases, decisions and arbitration
Important incidents
Judicial and literary figures
Treaties and conventions
Organizations and institutions
Acronyms

This report identifies and assesses the role that national law enforcement actors and public prosecutors in the EU member states play in helping prevent the proliferation of weapons of mass destruction (WMD) by stopping the illicit trade in dual-use items. In the 1980s and 1990s, some EU member states discovered cases of illegal trade in sensitive items for use in, for example, the Pakistani nuclear weapon programme. The report discusses how these cases were dealt with in these countries, using a case study model. Acknowledging that dual-use goods are subject to the free movement of goods within the EU, the report emphasizes the importance of coordinating customs and licensing standards among the EU member states to prevent abuse of the EU market for 'licence shopping'. It also presents the argument for the coordination of prosecution and penalties for offenders. In order to show the level of coordination that is required, the report provides an overview of both the international, EU and national legal frameworks for control of the export of dual-use goods.

This book probes the depths of libertarian philosophy and highlights the need for laws that protect all individuals in society. This book defines libertarianism as a theory of what is just law, it is predicated upon the non-aggression principle (NAP). This legal foundation of the libertarian philosophy states that it should be illicit to threaten or engage in initiatory violence against innocent people. Ultimately, this book presents the notion, defend the "undefendable." This book defines that as; any person, institution, professional, worker, which is either reviled by virtually everyone, or prohibited by law, and does not violate the NAP. Weaved throughout, this book uses political philosophy to present three fundamental premises to explain this libertarian point of view. Firstly, this book defines the non-aggression principle (NAP). Secondly, demonstrates the importance and relevance of private property rights in this context. This book uses practical examples to demonstrate the theoretical application of freedom rights using libertarianism principles.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional and Parliamentary testimony, reports by quasi-governmental organizations, and case law covering issues related to terrorism. The series also includes a subject index and other indices that guide the user through this complex area of the law. Overall, the series keeps users up-to-date on the panoply of terrorism issues now facing the U.S. and the world. Presidential Powers and the Global War Against Terrorists provides readers with a detailed and insightful exposition of the law of presidential war powers. The recent expansion of those powers by the Bush Administration has created uncertainty as to where the legal limits for Executive Branch military and surveillance activity currently lie. In this volume, Professor Doug Lovelace identifies those limits through both his presentation of relevant documents and his expert commentary of the meaning behind those documents.

The European Union in the World: Essays in Honour of Marc Maresceau is dedicated to the academic career of Marc Maresceau, a world-renowned expert in EU external relations law and pioneer in EU enlargement and neighbourhood studies. With a special focus on the post-Lisbon legal framework of EU external action, the book builds further upon the implementation of the reforms initiated by the Lisbon Treaty to offer virtually all-encompassing analysis of EU external relations law by top-level specialists.

This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This case changed the direction of how Services of General and Economic Interest (SGEI) should be funded in the EU against a background of liberalisation, and the need for efficiency and global competitiveness. The book examines the European Commission's response to the Altmark ruling in the measures known as the 'Altmark-Monti-Kroes Package' and charts the review of this package from 2009 culminating in a new package of measures, known as the 'Almunia Package'. The seemingly technocratic idea of a review of the 'Altmark-Monti-Kroes Package' could not have anticipated the demanding and changed economic and constitutional context of the EU in 2009. It is in this light that the authors in this book explore in great detail the different components of the new 'Almunia Package' of measures introduced in 2011-2012, offering a critical review and highlighting where the future direction of the regulation of SGEI may lead as the EU struggles in an economic climate of austerity to balance a new constitutional dimension of a 'highly competitive social market economy' with a modernisation agenda for the single market.

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.

This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in - or that were shaped by - the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book. Contributors include: K. Cho, D.-k. Choi, P. Goedde, S.S. Hong, D. Kim, J.-O. Kim, C. Lee, I. Lee, K.-W. Lee, H. Yang, S. Yi