I am deeply honoured and very pleased indeed to have been invited to write the Foreword to this book, especially as the great success of and excitement generated by the Beijing Olympics last Summer is still fresh in all our minds This is the first work on this important subject - the Olympic Games having been well described as 'the greatest sporting show on earth' - and the author, Alexandre Miguel Mestre, a distinguished Portuguese international sports lawyer, is to be warmly congratulated on producing it. The book covers the historical development of 'Olympic Law' and the current legal status of the International Olympic Committee (IOC) as an NGO (non-g- ernmental organisation) under Public International Law, and its various constituent members and organs. The UN resolutions on the Olympic Truce of which the latest one is published in the book, are of a recommendatory nature ('soft law'), but well illustrate the wide range of international legal instruments, which constitute the corpus of so-called 'Olympic Law', including the inter-State Nairobi Treaty on the Protection of the Olympic Symbol - the famous five interconnected rings. The book also addresses some contemporary legal issues affecting the Olympic Movement, including eligibility criteria, dual participation in the Olympics and the Paralympics as well as environmental concerns and the protection of the so-called 'Olympic Properties' - in other words the valuable intellectual property rights of the IOC including TV rights - without which the Olympic Games could not be financed and staged.

In our complex, consumerist societies, the intricacy of personal interactions and the number of goods and products available often prevents us from direct knowledge of what lies 'behind' food behaviors, ingredients, and the origins of the modern food and agriculture supply chain. Over the last decade or so, scholars, lawyers and engaged lay vegans have had many discussions about vegan rights and discrimination as issues intrinsic to animal rights, but the final frontier remains intact: the direct concerns of other animals. To give effect to the rights of animals, we must recognize and defend the human right-or duty, as many uphold-- to care about them. Including contributors from Australia, the United States, Germany, Italy, France, Canada, Portugal, and the United Kingdom, this book explores the rights of vegans and how vegans can be protected from discrimination. Using an international socio-legal lens, the contributors discuss constitutional issues, vegan legal cases, the concept of protection for vegan 'belief' in human rights and equality law, the legal requirement to provide vegan food, animal agriculture and plant-based, vegan food in the context of the human right to food, and the rights of vegans in education and in health care. This book will be of interest to practicing lawyers, legal and critical legal scholars, scholars of vegan, and critical animal studies, and commentors on socio-political issues alike.

- Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation; this guidebook is here to help them navigate social media's tricky legal terrain. - The book includes contributions from twelve experts in media law. - Each chapter summarizes the law in a particular area, providing detailed answers to the most common and pressing questions and concluding with best practices for practitioners and guidance for policy-makers.

A comprehensive look at torture, this book examines societal understanding of its use, how we got here, and how it might be regarded in the future. Torture and Enhanced Interrogation: A Reference Handbook begins with an overview of the history of torture, beginning in Ancient Greece and continuing to Guantanamo Bay and beyond. After grounding the reader in the historical fundamentals, the work goes on to examine the key controversies that surround the use of torture, including but not limited to whether it should be used at all as an aid to interrogation or to procure testimony. Then, the book presents the views of several outside contributors with personal experience or special expertise in the area. The book achieves a balance of profiles of those persons and organizations that have played a role in the development of our understanding of torture, a data and documents section, and an annotated bibliography for future research, as well as an event timeline and glossary of key terms. This volume is aims to present facts in as objective a way as possible while providing readers with the resources they need for further study. Exposes the main myths about torture and its use Provides readers with a solid foundation in the topic Discusses the likely future of torture in the US and elsewhere Reflects the author's expertise in the form of informed and nuanced perspectives essays

This book is the result of an objective analysis based on quantitative research of the situation of openness of government affairs in China in 2019. It consists of five parts: General Re-port, Systematic Advancement of Openness of Government Affairs, Systems Relating to Openness of Government Affairs, Openness of Government Affairs in Specific Fields and Giving Full Play to the Role of Openness of Government Affairs. This book contains a large amount of the latest and most authoritative data collected by the author's team with high credibility. The rule of law index research framework used in this book was initiated by the author's team and has been continuously updated and improved. Through the evaluation of government transparency, it demonstrates the improvement of China's open government system and the steady progress of open decision-making, as well as the significant progress of open government services. It also provides scientific and objective feasibility advice and suggestions for enhancing the awareness of openness, accurately identifying public information needs, integrating openness into the whole process of government activities, and improving the level of information security.

This book provides updated, full-picture analysis of the laws and practices of cross-border debt finance in the PRC. It is featured by the first-handed experiences of the author's academic research and legal practice in this field over two decades. The author discusses legal and regulatory issues, transaction structures and documentation in relation to two debt finance products: loan and bond, covering the inbound structure (Chinese debtors' raising funds from the international market) and the outbound structure (Chinese creditors' supplying funds to the international market). For cross-border loans, this book thoroughly illustrates the foreign debt regulatory regime in the PRC and approaches the lending by Chinese banks to support exports and overseas investments under the "Belt and Road Initiative" (BRI). For cross-border bonds, it discusses how Chinese issuers, by designing various transaction structures, enter into the international bond market, and then researches the "opening-up" of Chinese bond market to both international issuers (for issuing "Panda Bonds") and investors (for purchasing Chinese bonds). This book is used as an authoritative source for not only students and researchers, but also bankers and legal practitioners, who are interested in the Chinese debt finance market.

In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, consitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.

This book is published by the International Academy of Comparative Law to honor five great comparatists: Jean-Louis Baudouin from Canada, Xavier Blanc-Jouvan from France, Mary Ann Glendon from the United States of America, Hein Koetz from Germany, and Rodolfo Sacco from Italy. The five great minds present their thoughts on the past, the present and future of comparative law and in doing so they particularly focus on the future of the International Academy of Comparative Law, comparative law methodology and the teaching of comparative law. The book is essential reading for researchers and academics wanting to know what these respected legal scholars have contributed to comparative law, how they differ and when and why they excelled. Moreover, the views presented suggest how the role of the Academy can be developed in order to deal with the current challenges of comparative law. Ce livre est publie par l'Academie internationale de droit compare en l'honneur de cinq grands comparatistes : Jean-Louis Baudouin du Canada, Xavier Blanc-Jouvan de France, Mary Ann Glendon des Etats-Unis, Hein Koetz d'Allemagne et Rodolfo Sacco d'Italie. Ces cinq grands esprits offrent leurs reflexions sur le passe, le present et le futur du droit compare et, ce faisant, se concentrent particulierement sur l'avenir de l'Academie internationale de droit compare, la methodologie ainsi que l'enseignement du droit compare. Ce livre est une lecture essentielle pour les chercheurs et les universitaires qui s'interessent aux contributions au droit compare de ces juristes respectes, la maniere dont ils different et quand et pourquoi ils ont excelle. De plus, les points de vue presentes suggerent comment le role de l'Academie peut etre developpe pour faire face aux defis actuels du droit compare.

Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I-IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.

This Handbook brings together 40 of the world's leading scholars and rising stars who study international law from disciplines in the humanities - from history to literature, philosophy to the visual arts - to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of 'international law and the humanities'. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book's six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the 'flexible mechanism' (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as 'voluntary cooperation' or 'sustainable development' mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis regarding efficiency of the technology transfer mechanism under global climate regime in comparison with technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issues of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws e.g. intellectual property laws, investment related laws governed by the World Trade Organizations (WTO) can play role in facilitating transfer of the environmentally sound technologies. Another important aspect that this book will cover is potential roles which private sectors can play in innovating and transferring environmentally sound technologies under above-mentioned instruments of international law. In short, this book will be based on the argument that if global climate regime and the international trade regime collaborate each other in creating enabling environment and attracting private sector to invest in the field of environmentally sound technologies, the global challenges of innovation and transfer of the environmentally sound technologies to the developing and least developed countries can be fulfilled in more efficient manner. From conceptual perspectives, discussions and analyses of the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC) - two main guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. Besides, national and international level policy makers dealing with climate change and sustainable development will be greatly benefitted from this book.

This book is the first academic contribution that deals with international taxation of income sources from sports events. Using an interdisciplinary approach, with in-depth analysis of both sports law and international tax law, it is notably the first academic work to conduct a thorough analysis in the fields of international taxation of eSports, sports betting as well as illegal/unlawful income sources that may be obtained in relation to a sporting event, such as kickback payments. After describing the general methodologies of income tax and VAT from an international standpoint, defining key terms such as 'eSports' and 'bidding procedure', the book examines in detail the taxation of the services that are rendered and the goods that are sold, thereby the income obtained, in relation to an international sports event from both income tax and VAT perspectives. Also analysed are government funding in the sports sector, along with its taxation modalities, as well as specific tax exemption regulations enacted for the purposes of mega sporting events. Highlighting the absence of an acceptable level of certainty in the field of taxation of international sports events, the work makes pertinent suggestions as to the future of international sporting event taxation law. With international appeal, this comprehensive book constitutes essential reading for tax and sports law scholars.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors - states, transnational business corporations, or civil society groups - and their influence on the structures - such as national and international agreements, organizations, and private entities - that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

By studying the significance and mechanisms of cultural internationalism, this book aims to help emerging international powers constructively engage in global governance in a multipolar world, with particular regard to cultural considerations. Global governance has, to a degree, become more significant than traditional power politics on the international stage. Against this backdrop, the author proposes the idea of a cultural internationalism that centers upon cultural interactions, dialogues and mutual learning, and he calls for international cooperation and a reconstruction of the world order. The rise of the G20 and BRICS countries is cited as an example of the efficacy of international coordination communities built upon both cultural consensus and shared economic foundations, as well as international interactions. The author also delves into China's case to explore practical approaches to the fostering of supranational responsibilities while not neglecting national interest. The book will appeal to academics and general readers interested in international relations, globalization, and Chinese diplomacy.

Emerging Pathogens at the Poles: Disease and International Trade Law explores the applicability and possible complicating issues of the SPS Protocol to the Polar Regions in light of emerging pathogeneses and unknown host and environmental susceptibility and resilience. It examines the current literature on emerging pathogeneses in the Arctic and Antarctic and the relationship pathogeneses has with human development and movement of goods and people in spreading pathogens in the Polar Regions. Given the endemic nature of the Polar environment and the increasing interest in these regions for tourism and industry, this topic is important to address. The major component of the work is on the relevance of the SPS Protocol and the GATT 1994 Article XX(b) exception on human, animal and plant health as a barrier to trade which is examined in the context of its application to the Arctic and Antarctic. This book is an introduction to the interdisciplinary thinking required, across both science and law, in order to appreciate the significance of global trade barriers in reducing disease transmission and spread. The spread of pathogens across boundaries has become an important geopolitical issue and the provisions of international trade law may prove decisive in limiting or exacerbating the spread of disease. Academics and students with initial knowledge of the international trade regime, or those with initial studies in health or Polar medicine, will find this cross-over a useful introduction to the complications of food, trade and disease.

This book explores a new way of thinking about diplomacy, warfare, trade, and collective goods that begins with the notion that key international actors project their domestic institutions onto the regional or global arena. Exploring the emergence, consolidation, and decay of international norms, the author puts forward a general argument designed to identify patterns across time and space, combining key insights from constructivist, liberal, classical realist, English School, and feminist thinking. By moving from institution to institution, each chapter presents a coherent story ranging from antiquity to the contemporary world allowing us to see not only the patterns, but also to begin to develop conjectures about other causal stories implicit in the narrative. The book will be used by scholars and students of international relations, international organization and law, security studies, political economy, historical sociology, regionalism, and a wide range of specific topics such as arms control, trade, migration, identity, and collective goods.

This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.

This book explores a new way of thinking about diplomacy, warfare, trade, and collective goods that begins with the notion that key international actors project their domestic institutions onto the regional or global arena. Exploring the emergence, consolidation, and decay of international norms, the author puts forward a general argument designed to identify patterns across time and space, combining key insights from constructivist, liberal, classical realist, English School, and feminist thinking. By moving from institution to institution, each chapter presents a coherent story ranging from antiquity to the contemporary world allowing us to see not only the patterns, but also to begin to develop conjectures about other causal stories implicit in the narrative. The book will be used by scholars and students of international relations, international organization and law, security studies, political economy, historical sociology, regionalism, and a wide range of specific topics such as arms control, trade, migration, identity, and collective goods.

This book rethinks and transforms the current discourse on globalization and global justice. It expands the idea of globalization from an economic or corporate context to mean humanization and planetary realizations - moving beyond the boundaries of nation-states and other human-made demarcations. The author challenges the notion of human primacy and makes a fervent call to reconfigure the paradigm of anthropocentrism. Through a careful study of movements for justice and inter-faith dialogue from across the world, the book makes a unique contribution to the emerging study of global responsibility. It also helps us overcome our current civilizational crises and cultivate a new civilization of planetary care and co-responsibility. Part of the Ethics, Human Rights and Global Political Thought series, the volume will be of great interest to scholars and researchers of law and society, especially social movements, political theory and philosophy.

A distinctive argument of the relevance of Australia to the rest of the world - one which places it more centrally than existing contributions Offers one of the first major contributions on reconstructing what urban planning might draw from indigenous perspectives and relationships to place Unique contributions on the topics of connected cities and zombie suburbs

*Presents a user-friendly wealth of useable, practical, and viable malpractice solutions *Explains in-depth advice on avoiding malpractice claims and their negative consequences for doctors in every field *Offers a valuable resource of precise and practical strategies to prepare for depositions, court testimony, and a doctor's defense in the event of litigation

Why are constitutionalist ideals so prominent in science fiction? Does Independence Day depict self-defence as a legal concept with absolute limits? Is international law lost in space? This innovative interdisciplinary volume represents the first exploration of the relationship between international law and cinema. From Star Wars to Werner Herzog, The Godfather to The West Wing, this book uncovers a diverse range of representations of international law and its norms in film and television. Examining the wider links between international law, cinema, and ideology, the contributions not only examine visual representations of international law, but they offer an essential insight into the functions fulfilled by these cinematic representations. Providing an extraordinary introduction to a variety of perspectives on core international legal questions, Cinematic perspectives on international law extends a valuable methodology by which international lawyers can critique the depiction of international law in film. -- .

This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government's social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.

The Routledge Handbook of the South China Sea presents a comprehensive and in-depth analysis of South China Sea issues. It evaluates the dynamics of the latest developments and identifies factors that contribute to dispute settlement and a cooperative management regime of one of the most important seas in the world - one which not only contains rich marine resources and distinctive biodiversity but is also a critical sea route for global trade and communications. The Handbook is divided into six parts, each representing a focused area of enquiry: * History and geostrategic landscape * Sovereignty and maritime entitlements * South China Sea policies of major claimants * Natural resources and environment * Cooperation and institutions * Challenges and prospects Written by world-renowned experts and scholars, with specialisms from geography to international law, the volume's 25 chapters contribute interdisciplinary perspectives, reflecting the impact of how South China Sea policies are shaped by national governments and international organizations. As such, the Handbook provides an authoritative reference to South China Sea Studies, useful for students and scholars of international relations, history, maritime and Asian studies.