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Books > Law > International law > Public international law > General
This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).
This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
With the end of the Second World War a new world order arose based
on the prohibition of military force in international relations,
and yet since 1945 British troops have been regularly deployed
around the globe: most notably to Korea, Suez, Cyprus, and the
Falklands during the Cold War; and Kuwait, Bosnia, Kosovo,
Afghanistan and Iraq since the fall of the Berlin Wall. British
forces have been involved in many different capacities: as military
observers, peacekeepers, peace-enforcers, state-builders and
war-fighters. The decisions to deploy forces are political ones
made within several constitutional frameworks, national, regional
and international. After considering the various legal and
institutional regimes, this book examines the decision to deploy
troops from the perspective of international law.
Le Volume XVIII de l' Annuaire de la Convention europeenne des Droits de l'Homme concerne l'annee 1975 et suit le plan des prece- dents volumes. La Premiere Partie du present volume contient, selon l'usage, les textes fondamentaux. Cette Partie contient aussi les Resolutionset Recommandations de l' Assemblee Consultative concernant les questions suivantes: conclu- sions de la reunion de la Commission des questions juridiques de l' As- semblee avec les Ombudsman et les commissions parlementaires dans les Etats membres du Conseil de l'Europe, mise en application de l'article 57 de la Convention europeenne des Droits de l'Homme, clauses facultatives de la Convention europeenne des Droits de l'Homme, la torture dans le monde. Elle contient egalerneut des informations sur les activites du Comite des Ministres en relation avec les droits de l'homme. Elle contient enfin des informations sur les travaux du Comite d'experts en matiere de droits de l'homme: assistance judiciaire gra- tuite devant la Commission europeenne des Droits de l'Homme, ex- tension du droit a la liberte d'information, controle de l'execution des decisions de la Cour europeenne des Droits de l'Homme, Colloque du Conseil de l'Europe sur "l'acces du public aux informations con- fiees aux autorites publiques ou en possession de celles-ci".
There are broadly four strategic issues in aviation: safety; security; environmental protection; and sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six chapters, this book engages in detailed discussions on these subjects as they unravelled in events of recent years. The issue of safety is addressed first, following an introduction of the regulatory regime covering the four issues. Within the area of safety, the book covers such areas as safety management systems, safety and aeromedicine, safety and meteorology, the use of airspace, unmanned aircraft systems and safety oversight audits. In the security area, subjects covered include cyber terrorism, the integrity of travel documents, full body scanners, civil unrest and aviation, the suppression of unlawful acts on board aircraft and the financing of terrorism. The chapter on the environment focuses mainly on climate change - particularly on carbon credits, market based measures, the carbon market and emissions trading schemes and their effect on air transport. Finally, the chapter on sustainability discusses in detail market access along with such issues as slot allocation, open skies, the use of alternative fuels as an economic measure and corporate foresight. The concluding chapter wraps up with a discussion on where air transport is headed.
This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.
This is a collection of works which considers the many different facets of the EU's increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the 'pillar' structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of 'internal' security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.
In our globalised world the sources and actors of international law are many and its growth prolific and disorderly. International law governs the actions of states on matters as long-established as diplomatic immunity or as recent as the War on Terror, and it now impacts upon the lives of ordinary citizens in areas as diverse as banking and investment, public health and the protection of the environment. In this accessible introduction Emmanuelle Tourme Jouannet explains the latest developments in international law in the light of its history and culture, presenting it as an instrument both for dominance and for change that adjusts and balances the three pillars of the United Nations Charter: the prohibition of the use of force; economic, social and sustainable development; and human rights.
The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.
Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based regulation of these laws' implementation has led to greater invasions of personal privacy. This study attempts to provide a way forward for China to address the ever-increasing concerns about the protection of privacy and puts forward a legislative model for protection. This is achieved after a thorough analysis of the threats to privacy protection in China, a critical evaluation of the level of current privacy protection in China, and an analysis of the privacy laws in a series of developed nations based on common law and civil law.
The central focus of this volume is a critical comparative analysis of the key drivers for water resource management and the provision of clean water - governance systems and institutional and legal arrangements. The authors present a systematic analysis of case study river systems drawn from Australia, Denmark, Germany, the Netherlands, UK and USA to provide an integrated global assessment of the scale and key features of catchment management. A key premise explored is that despite the diversity of jurisdictions and catchments there are commonalities to a successful approach. The authors show that environmental and public health water quality criteria must be integrated with the economic and social goals of those affected, necessitating a 'twin-track' and holistic (cross-sector and discipline) approach of stakeholder engagement and sound scientific research. A final synthesis presents a set of principles for adaptive catchment management. These principles demonstrate how to integrate the best scientific and technical knowledge with policy, governance and legal provisions. It is shown how decision-making and implementation at the appropriate geographic and governmental scales can resolve conflicts and share best sustainable practices.
Judge Stephen M. Schwebel has been a highly-respected member of the International Court of Justice since 1981. This volume brings together thirty-six of his legal articles and commentaries of continuing interest. He examines the performance and capacity of the International Court of Justice; aspects of international arbitration; problems of the United Nations; questions of international contracts and taking foreign property interests; and the development of international law, and in particular the central problem of the unlawful use of force.
The Yearbook on Space Policy is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The Yearbook on Space Policy is edited by the European Space Policy Institute (ESPI) based in Vienna, Austria. It combines in-house research and contributions of members of the European Space Policy Research and Academic Network (ESPRAN), coordinated by ESPI. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.
This book presents, in a comprehensive way, current unmanned aviation regulation, airworthiness certification, special aircraft categories, pilot certification, federal aviation requirements, operation rules, airspace classes and regulation development models. It discusses unmanned aircraft systems levels of safety derived mathematically based on the corresponding levels for manned aviation. It provides an overview of the history and current status of UAS airworthiness and operational regulation worldwide. Existing regulations have been developed considering the need for a complete regulatory framework for UAS. It focuses on UAS safety assessment and functional requirements, achieved in terms of defining an "Equivalent Level of Safety", or ELOS, with that of manned aviation, specifying what the ELOS requirement entails for UAS regulations. To accomplish this, the safety performance of manned aviation is first evaluated, followed by a novel model to derive reliability requirements for achieving target levels of safety (TLS) for ground impact and mid-air collision accidents.It discusses elements of a viable roadmap leading to UAS integration in to the NAS. For this second edition of the book almost all chapters include major updates and corrections. There is also a new appendix chapter.
Spanning from the Caribbean to East Asia and covering almost 3,000 years of history, from Classical Antiquity to the eve of the twenty-first century, Persistent Piracy is an important contribution to the history of the state formation as well as the history of violence at sea.
In this collection of articles, Kari Elisabeth Borresen and Kari Vogt point out the convergence of androcentric gender models in the Christian and Islamic traditions. They provide extensive surveys of recent research in women's studies, with bio-socio-cultural genderedness as their main analytical category. Matristic writers from late Antiquity, the Middle Ages and the Renaissance are analysed in terms of a female God language, reshaping traditional theology. The persisting androcentrism of 20th-century Christianity and Islam, as displayed in institutional documents promoting women's specific functions, is critically exposed. This volume presents a pioneering investigation of correlated Christian and Islamic gender models which has hitherto remained uncompared by women's studies in religion. This work will serve scholars and students in the humanistic disciplines of theology, religious studies, Islamic studies, history of ideas, Medieval philosophy and women's history. "
Access to satellite orbits and spectrum is managed by the ITU, a United Nations body that strives to extend the benefits of new technologies to the world, while ensuring equitable access to these resources. This book explores how the ITU approaches these dual missions in light of the increasing saturation of the geostationary orbit by a vibrant global satellite industry and the rising interests of developing countries in accessing these limited resources. These issues were the subject of debate at the 2012 World Radiocommunication Conference. This book describes and assesses various regulatory approaches undertaken to manage the increasing requests for access to space and especially access to spectrum and orbital locations in the geosynchronous or "The Clarke" orbit.
The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these "Euro-lawyers" sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court - the European Court of Justice - by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.
Your invitation to me, as the President of the European Court of Human Rights, to conclude this year's study programme on the protection of hu man rights in Europe by delivering the prestigious Winston Churchill lec ture is a great honour not only for me personally but for the European Court of Human Rights as a whole, and I should like to thank the European Uni versity Institute and its Academy of European Law most warmly for giving me this opportunity. You are fortunate to have had the opportunity of following a week long general course on the protection of human rights in Europe given by my col league and friend Carl Aage N0rgaard, the President of the European Commission of Human Rights. To speak after hirn, in order to bring to a close your study programme, makes my task in some respects easier be cause I can take it for granted that you now have a clear and comprehensive understanding of the guarantees and the functioning of the European Con vention on Human Rights. On the other hand, it is, I must confess, not without a certain apprehension that I take the floor at this juncture because I am very weIl aware of how difficult it is to keep the attention of an audi ence which has had the privilege of hearing Carl Aage N0rgaard on more or less the same subject."
by Peter Coffey This is indeed a most opportune time for the publication of a serious, critical and independent study about the "Main Economic Policy Areas of the EEC." The European Economic Community is the world's most import ant commercial and trading bloc and its economic policies consequently have the most far-reaching implications for all countries in the world. The rest of the world is acutely conscious of the Community's trading policies. In turn, these policies (apart from those based on historical links - ante cedent to the EEC's formation) are strongly influenced by the internal economic policies of the Common Market - especially by the Common Agricultural Policy (CAP). At the present time, the Community finds itself, both in ternally and externally, at a crossroads. This crossroads takes the form of a choice between 'protectionism' or 'open ness'. Unfortunately, present evidence suggests that currently and in the immediately foreseeable future the former option has been chosen by the EEC."
This study is based on original Russian sources, due atten tion being paid to some authoritative views advanced by foreign lawyers. Leaving aside the essentials of the work in the hope that they will speak for themselves; I should like to make some prelim inary remarks regarding the linguistic and other formal aspects. First of all it should be noted that many of the Soviet laws have already been translated into English either in the USSR itself or in Western countries. This fact is fully reflected in the bibliographical survey at the end of this study. Some laws have been translated both in the Soviet Union and abroad, as for instance the Fundamentals of Soviet Civil Legislation. In such a case I have used the translation made in the USSR even though linguistically it may be inferior to the translation made in the West. The author has translated only those legal provi sions of which no English translation was available. For transliteration, I have used the system of the Library of Congress of the USA without its diacritical marks. Further, a word should be said about the references in the notes. They are very brief and consist of the surnames of the authors concerned and if necessary an additional element, e. g."
Mobile phones are the most ubiquitous communications technology in the world. Besides transforming the way in which we communicate, they can also be used as a powerful tool for conflict prevention and management. This book presents innovative uses of mobile technologies in the areas of early warning, disaster and humanitarian relief, governance, citizens' participation, etc. and cuts across different regions. The book brings together experts and practitioners from different fields-mobile technologies, information systems, computer sciences, online dispute resolution, law, etc.-to reflect on present experiences and to explore new areas for research on conflict management and online dispute resolution (ODR). It also reflects on the transition from present ODR to future mobile Dispute Resolution and discusses key privacy issues. The book is addressed to anyone involved in conflict prevention and dispute management aiming to learn how mobile technologies can play a disruptive role in the way we deal with conflict.
This book addresses why China is going into space and provides up- to-date information on all aspects of the Chinese Space Program in terms of launch vehicles, launch sites and infrastructure, crew vehicles for space exploration, satellite applications and scientific exploration capabilities. Beyond mere capabilities, it is important to understand how Chinese aerospace leaders think, how they make decisions, and what their ultimate goal is during their space endeavors. What are Chinese intentions in space? To what extent does culture and ethics influence Chinese strategic decision-making within the highest levels of the aerospace industrial complex? This book examines these questions and offers four potential scenarios on where the Chinese space program is headed based on this new perspective of understanding China's space goals. This book is not only required reading for policy makers and military leaders in the US government, but also for the general population, students, and professionals interested in truly understanding the reasons behind what the Chinese are doing in space.
Why has U.S. security policy scarcely changed from the Bush to the Obama administrations? The theory of "double government" posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer that is extensively discussed in National Security and Double Government. Michael J. Glennon challenges the myth that U.S. security policy is made through the visible, "Madisonian institutions"-the President, Congress, and the courts, proposing that their roles are largely illusory. Presidential control is nominal, congressional oversight is dysfunctional, and judicial review is negligible. He argues that security policy is really made by the managers of the military, intelligence, diplomatic, and law enforcement agencies- a concealed "Trumanite network" of several hundred members who are responsible for protecting the nation, and who are primarily immune from constitutional restraints. As such, this new system of "double government" will not correct itself, as to do so would require those branches to exercise the very power that they lack. Glennon suggests that the main problem is political ignorance, which is becoming more acute as public influence on security policy declines. This book aims to inform and enlighten the reader about the Trumanite network, and highlight the restraints on the Constitution, which operates primarily upon the hollowed-out Madisonian institutions, and poses a grave threat to democratic accountability. |
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