Legal Aspects of the Regional Integration Processes in the Post-Soviet Area is the first ever comprehensive overview of regional integration processes in the territory of the former USSR introducing the core concepts of regional integration theory and presenting a solid foundation of factual information regarding all the regional integration agreements (RIAs) operating in the Eurasian landmass and consisting of the former Soviet republics. The book analyzes the legal nature and background of the regional integration in the framework of the Commonwealth of Independent States, the Russian-Belarusian Union, the Single Economic Space, the Eurasian Economic Community and the Collective Security Treaty Organization. It also deals with the RIAs created outside of the Russian control in the format of GUAM and among Central Asian countries. Finally, the book contains conclusive remarks attempting to assess the possibility of the creation of an Eurasian Union.

The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague's and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .

This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

Counter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another. This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.

Around the world, asbestos-related diseases are on the increase. Meanwhile, in many newly-industrialising and developing countries, asbestos use continues unabated. This book, based on anthropological fieldwork in the UK, India and South Africa, explores people's understandings of their illness, risk, compensation and regulation, contrasting these personal and community narratives with formal medical and legal understandings. Linda Waldman shows how the domination of medical and legal framings of risk and disease over those of workers, sufferers and activists can narrow the responses chosen by government. This provides important lessons for researchers, policy makers and regulators, demonstrating that opening up to alternative understandings can create more effective policy responses to move towards sustainability and social justice. Published in association with the Economic and Social Research Council (ESRC).

Military coups are a constant threat in Africa and many former military leaders are now in control of 'civilian states', yet the military remains understudied, especially over the last decade. Drawing on extensive archival research, cross-national data, and four in-depth comparative case studies, When Soldiers Rebel examines the causes of military coups in post-independence Africa and looks at the relationship between ethnic armies and political instability in the region. Kristen A. Harkness argues that the processes of creating and dismantling ethnically exclusionary state institutions engenders organized and violent political resistance. Focusing on rebellions to protect rather than change the status quo, Harkness sheds light on a mechanism of ethnic violence that helps us understand both the motivations and timing of rebellion, and the rarity of group rebellion in the face of persistent political and economic inequalities along ethnic lines.

The international community created the Special Court for Sierra Leone to prosecute those who bore the greatest responsibility for crimes committed during the country's devastating civil war. In this book Tim Kelsall examines some of the challenges posed by the fact that the Court operated in a largely unfamiliar culture, in which the way local people thought about rights, agency and truth-telling sometimes differed radically from the way international lawyers think about these things. By applying an anthro-political perspective to the trials, he unveils a variety of ethical, epistemological, jurisprudential and procedural problems, arguing that although touted as a promising hybrid, the Court failed in crucial ways to adapt to the local culture concerned. Culture matters, and international justice requires a more dialogical, multicultural approach.

Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practices from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of later international law was laid by the Romans, in the form of natural law--a universal law that was superior to early laws and governments. As medieval European states came into contact with non-Christian peoples, from East Asia to the New World, practical solutions had to be devised to the many legal quandaries that arose. In the wake of these experiences, international legal doctrine began to assume its modern form in the seventeenth and eighteenth centuries. New challenges in the nineteenth century encompassed the advance of nationalism, the rise of free trade and European imperialism, the formation of international organizations, and the arbitration of disputes. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the formation of the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.

In 2007, the International Max Planck Research School for Maritime Affairs and the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in the field of maritime affairs. The present volume collects seven of the lectures held in 2007 and 2008 by Thomas A. Mensah, Krijn Haak, Sergio M. Carbone, Lorenzo Schiano di Pepe, Erik Rosaeg, Frank Smeele, Carlos Esplugues Mota and Lucius Caflisch.

Small Island Developing States are often depicted as being among the most vulnerable of all places to the effects of climate change, and they are a cause c l bre of many involved in climate science, politics and the media. Yet while small island developing states are much talked about, the production of both scientific knowledge and policies to protect the rights of these nations and their people has been remarkably slow.This book is the first to apply a critical approach to climate change science and policy processes in the South Pacific region. It shows how groups within politically and scientifically powerful countries appropriate the issue of island vulnerability in ways that do not do justice to the lives of island people. It argues that the ways in which islands and their inhabitants are represented in climate science and politics seldom leads to meaningful responses to assist them to adapt to climate change. Throughout, the authors focus on the hitherto largely ignored social impacts of climate change, and demonstrate that adaptation and mitigation policies cannot be effective without understanding the social systems and values of island societies.

DerAutor untersucht analytisches Potential und normative Konsequenzen der volkerrechtlichen Konstitutionalisierungslehre. Anhand der Begriffsgeschichte zeigt er zunachst auf, wie sich der Verfassungsbegriff aussagekraftig auf das Volkerrecht ubertragen lasst. Sodann spurt er Vorlaufern und philosophischen Wurzeln nach und sucht nach neuen Anknupfungspunkten fur dieKonstitutionalisierungsthese. Vor diesem Hintergrund unterzieht er die Hierarchisierung und Objektivierung des Volkerrechts sowie die Bindung von internationalen Organisationen an Menschenrechte als mogliche Verfassungsmerkmale einer kritischen Auseinandersetzung. Der Autor kommt zu dem Ergebnis, dass Konstitutionalisierung vor allem ein Prozess des Identitatswandels und der Selbstverstrickung ist, der Begrundungslasten fur die juristische Argumentation schafft. Methodisch wird die Genese konstitutioneller Normen als Bildung allgemeiner Rechtsgrundsatze in Auseinandersetzung mit konstruktivistischen Ansatzen in den Internationalen Beziehungen erklart.

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Climate change is now recognised as one of the greatest challenges facing the international community and when coupled with energy production and use - the most significant contributor to climate change - and the related security problems the double threat to international security and human development is of the highest order.

This wide-ranging book brings together leading thinkers from academia, government and civil society to examine and address the global insecurity and development challenges arising from the twin thrust of climate change and the energy supply crunch.

Part one considers energy. It analyses the challenges of meeting future energy demands and the ongoing and future security-related conflicts over energy. Coverage includes security and development concerns related to the oil and gas, nuclear, bio-fuels and hydropower sectors, ensuring energy access for all and addressing sustainable consumption and production in both developed and rapidly industrializing countries such as India, China, Brazil and South Africa.

Part two analyses how climate change contributes to global insecurity and presents a consolidated overview of the potential threats and challenges it poses to international peace and development. Coverage includes future water scenarios including a focus on scarcity in the Middle East, food security, biodiversity loss, land degradation, the changing economics of climate change, adaptation and the special case of small island states.

The final part lays out the potential avenues and mechanisms available to the international community to address and avert climate and energy instability via the multilateral framework under the United Nations. It also addresses mechanisms for resource and knowledge transfer from industrialized to developing countries to ensure a low-carbon energy transition by focusing on the rapid deployment of clean energy technologies and ways to tackle income and employment insecurity created by the transition away from traditional energy sources.

This book offers the most comprehensive international assessment of the challenges and solutions for tackling the global insecurity arising from climate change and energy provision and use. It is essential reading for students, researchers and professionals across international relations, security, climate change and the energy sectors.

'Essential reading.' Bernice Lee, Chatham House 'Lays out the energy security landscape with a commendable clarity that I have not seen elsewhere. It could help save the world.' Science, People & Politics Accessible and exciting ... this] is the first truly objective examination of the relationship between resource scarcity, security and ecological destruction. Neues Deutschland Cuts through the confusion and complexity, clarifying the options for a sustainable energy future. Dan Esty, Yale University Humanity stands at a threshold: will its shared energy future be peaceful, or will it be threatened by resource wars? How can rapidly depleting resources be managed to the advantage of all, and therefore conflicts averted? How can we avoid irreparable damage to the last areas of untouched natural beauty, all in the name of accessing valuable resources? And how do we arrive at an international energy policy which not only provides safe, economical energy without conflict, but also addresses the all-important issue of climate change: What is the best way to achieve greater energy security? Energy Security addresses all of these questions, arguing for an urgent overhaul of international law and institutions to control relations with countries such as Russia, which own the world s remaining fuel supplies. The book presents alternatives to fossil fuels as two diametrically opposing strategies: the increased use of atomic energy; and a comprehensive climate protection policy with a focus on energy efficiency and renewable energy. In times of international terrorism, there are heightened concerns about nuclear proliferation, and Energy Security argues that the future must belong to renewable energy. Published with the Heinrich B ll Foundation

This volume focuses on the everyday social relationships through which international justice is produced. Using case studies from the International Criminal Court, the European Court of Human Rights, the UN Women's Convention Committee and elsewhere, it explores international justice as a process that takes place at the intersection of the often contradictory practices of applicants, lawyers, bureaucrats, victims, accused and others. With a sensitivity to broader institutional and political inequalities, the contributors ask how and why international justice is mobilised, understood and abandoned by concrete social actors, and to what effect. An attention to the different voices that feed into international justice is essential if we are to understand its potentials and limitations in the midst of social conflict or full blown political violence.

This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected.
The book surveys the decisions of these top courts over the last generation to determine how 'judicially active' they have been. It seeks to compare and contrast the different experiences and to identify the principles in accordance with which the various courts have decided to develop the law. How do they interpret legislation? What use do they make of standards derived from other countries or from international law? How willing are they to make law in areas which are traditionally the preserve of elected politicians?
The contributors are all experts in their own jurisdictions and have already published widely in the field of judicial activism. The jurisdictions covered include Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States. The chapter on the judicial work of the House of Lords anticipates the transformation of that institution into the Supreme Court of the United Kingdom in 2009 and the book as a whole suggests that there is plenty of scope for that new court to learn from other common law supreme courts about the appropriate limits of judicial creativity.

A multitude of conventions in the area of the Law of the Sea contains provisions on the issue of compensation for (wrongful) interferences with navigation. Even though interferences by warships and coast guard vessels, due to a perceived increased risk of international crimes at sea, seem to have become more frequent, the compensation provisions have hardly been applied. The book analyses all relevant compensation provisions and compares them to the general law of state responsibility. This necessarily includes a discussion of issues like the responsibility of international organizations, liability for lawful conduct and several and joint liability in public international law.

While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?

For forty years, successive editions of Ethical Theory and Business have helped to define the field of business ethics. The 10th edition reflects the current, multidisciplinary nature of the field by explicitly embracing a variety of perspectives on business ethics, including philosophy, management, and legal studies. Chapters integrate theoretical readings, case studies, and summaries of key legal cases to guide students to a rich understanding of business ethics, corporate responsibility, and sustainability. The 10th edition has been entirely updated, ensuring that students are exposed to key ethical questions in the current business environment. New chapters cover the ethics of IT, ethical markets, and ethical management and leadership. Coverage includes climate change, sustainability, international business ethics, sexual harassment, diversity, and LGBTQ discrimination. New case studies draw students directly into recent business ethics controversies, such as sexual harassment at Fox News, consumer fraud at Wells Fargo, and business practices at Uber.

Das Buch stellt in umfassender Weise die derzeitige Stellung des Privatrechts in Europa sowie die neuen Entwicklungen im Zuge der europ ischen Vereinheitlichung vor. Geschrieben von zwei herausragenden europ ischen Wissenschaftlern, bietet es mehr als nur ein Handbuch zum europ ischen Privatrecht. Es f hrt Leser ausf hrlich in die geistes- und kulturhistorischen Hintergr nde sowie in die Rechtstheorie der gegenw rtigen Privatrechtsvereinheitlichung und Modernisierung der rechtlichen Grundlagen des europ ischen Wirtschaftsverkehrs ein.

In their membership of international organizations, States must confer some of their sovereign powers upon those organizations. This book considers the exercise of sovereign powers by international organizations including the United Nations, the World Trade Organization, and the European Union in order to answer fundamental questions about the relationship between an international organization and its Member States.
In this book, Sarooshi develops a three-tiered typology of conferrals which ranges from agency relationships, to delegations of authority, to full transfers of power. The legal aspects of these conferrals are examined, and their implications for the growing importance of international organizations in international relations are assessed.

A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.