The purpose of this book is to present to lawyers outside Sweden an introduction to Private International Law as applied in Sweden. As in the original Swedish version, (Internationell Privatriitt. Metod och Material, Stockholm 1962), emphazis is put on the structure and func tioning of conflict law, and the book does not attempt to present a comprehensive survey of Swedish conflict rules. A resume of these rules has, however, been included in the English edition. The author wants to express his thanks to those who have helped to make possible the publication of this book. Generous support was given by the Swedish State Council for Social Science Research. Dr. Stig Stromholm, Uppsala, prepared the translation into English of the original Swedish text. Some alterations were subsequently made in the, English version, including minor deletions of material which had ap peared in the Swedish original and the addition of some new material, including the whole of present chapter IV. The English text as a whole was finally revised by the author with the help, in the case of chapters I, IV, V and part of chapter II, of Mrs. Helen Moats Eek (Ph. D., University of Chicago) and, in the case of chapter III and part of chapter II, of Mr. Richard Cox (B. Sc. Econ (Hons. ), F. R. Econ. Soc. ). Valua: ble assistance, particularly in the preparation of the bibliography and the index, was given also by Mr. Lars Lindgren (LL."

The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

(i) What is Martial Law? It is difficult to define martial law, especially because of "the haze of uncertainty which envelops it. " 1 The expression is used to denote a variety of forms of government or law, such as military law governing soldiers in the service of the State, military govern ment in occupied areas, any kind of arbitrary government in which the military arm plays a dominant role, and the emergency ad ministration "which obtains in a domestic community when the military authority carries on the government, or at least some of its functions. " 2 It is in the sense indicated last that martial law is discussed in the following pages. In this sense, it is "the extension of military government to domestic areas and civil persons in case of invasion or rebellion. . . it is a suspension of normal civil government in order to restore it and has civilians for its subjects and civil areas for its loci of operation. " 3 Thus martial law has to be clearly distinguished from military law and military government, though 4 all these have common roots in history and logic. The term 'martial law' was originally applied to the law ad ministered by the court of the Marshal and the Constable of England. There are two theories about the source of the word 'martial' in the expression. One theory is that the term 'martial 1 C. Fairman, The Law of Martial Rule, page 19. 2 idem, page 30.

Civil Aviation has become a public utility service. SALVATORE TOMASINO I} Although civil aviation has enjoyed unflagging public interest since its birth in 1919, and even before that date, the factors governing the development of civil aviation are nevertheless not widely known. This applies not so much to technical development as to the political and economic considerations which ultimately determine the pattern of the worldwide network of air routes. Whereas, prior to World War II, civil aviation was regarded mainly as an instrument for political penetration, with perhaps the Netherlands and its K.L.M.2) as a striking exception, since 1945 civil aviation has come to be judged more on its own merits, though it has remained primarily a government matter. The political, strategic, economic, financial and social aspeCts of civil aviation together constitute a field which, particularly since World War II, has come to form the subject-matter of a more or less independent branch of foreign policy, designated 'by the term "international civil aviation policy." In spite of the dominating factors of national prestige and later of economic nationalism, States have nevertheless directly and indirectly taken upon themselves a number of obligations in the international field, thereby giving civil aviation an international legal basis.

How today's unjust global order is shaped by uncertain expert knowledge-and how to fix it A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being 'intra-state' wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court's advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti tutions, however, difficulties have been faced when central au thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op position of man versus the state and the state versus the super state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state."

The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.

This utilizes a unique international law perspective to examine the actions and inactions of the Democratic People's Republic of Korea (DPRK) in regard to international security and human rights concerns in North Korea. The book will demonstrate how the two issues of nuclear weapons and the human rights abuses in North Korea are interconnected and why the international community should be applying the same international law framework to each to find a solution for both. The book analyses the North Korea's nuclear weapons situation from political, military, historical and legal angles examining the DPRK's policy objectives involving international security and Korean unification. The book goes on to explore the human rights abuses inflicted on the North Korean people by their own government and which include extermination, torture, and crimes of association, as well as collective retribution inside and outside its system of concentration camps. The book investigates the North Korean situation with a view towards redress through an international framework.North Korea's gross and systematic violations of human rights and defiant military actions through specific violations of international law are assessed including the contravention of the treaties that North Korea itself has ratified, to provide a proper foundation for redressing these international crimes through a tribunal. The specific objectives and actions of the North Korean government are analyzed according to applicable treaty law, jus cogens norms, customary international law, and other types of international legal obligations. It pinpoints the sources and underpinnings of the regional nuclear crisis and offer solutions for dealing with international security surrounding the Korean Peninsula. The book puts forward a proposal for the creation of a tribunal to prosecute those at the top of the regime for international crimes and human rights abuses after a reunification of the peninsula.

In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.

This book examines and proposes a legal framework for the creation of a regional space agency for Latin America especially in regard of pivotal aspects such as institutional structures, transfer of competences and cooperation agreements facilitating Latin America to act with one voice on the international space stage. It demonstrates how the European Space Agency (ESA), as regional space agency for Europe and its experiences for more than 50 years, may serves as model for such a regional forum in Latin America in view of required structures and rules to enable common peaceful space activities on regional level for the development of Latin American states and for the benefit of their societies.

International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

I . Historical survey The legal status of aircraft is a problem that has given rise to innumerable questions ever since the earliest years of aviation. But the majority of these questions only relate to certain aspects of the legal status of aircraft, and the problem as a whole has hardly been studied at all. The evolutionary process in the study of a number of facets of the problem is outlined below. Nationality The question of the nationality of aircraft has always received a lot of attention. As far as the principle is concerned, there can be little dispute on this point nowadays. The subject of the nationality of aircraft was discussed at the aviation conferences which led to the Paris Convention in 1919, the Ibero-American Convention in 1926, the Havana Convention in 1928 and the Chicago Convention in 1944. According to Article 6 of the Paris Convention of 1919, an aircraft possesses the nationality of the State on whose register it is entered. The Ibero-American Convention of 1926 and the Pan-American Convention signed at Havana in 1928 start from the same principle.

THE CREATION OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY On 9th May, 1950, M. Robert Schuman, the then Foreign Minister of France, speaking at a Press Conference in Paris, outlined the idea of establishing a Community within Europe to control the production of coal and steel. "The French Govern ment", he stated, "propose to place the whole of the Franco German production of coal and steel under a common high authorityl within an organisation open to the participation of other countries of Europe ... This will form the first concrete step towards a European Federation, which is indispensable for peace" 2. This statement, apart from the specific mention of a high authority, does not mention any proposed organs of such a Community, and, as will appear, no firm idea of the Community's structure existed at all at that date. Six weeks after this announcement in Paris, a Conference composed of the six States that were to form the Coal and Steel 4 Community3 met under the presidency of M. Monnet * This Conference continued its work "consciencieux et discret, rue 5 Martignac" until March, 1951 * The first reference that one finds to a judicial organ to control the activity of the Community is contained in the document sub mitted by the Commissariat general au Plan 6. When compared with 1 The term is given in small letters as a description rather than as a title. 2 Bulletin Quotidien, llth May, 1950.

In a national context, geographical indications (GIs) are well entrenched in European historical, cultural and legal traditions, particularly in the production and marketing of wines and spirits. Arising from recent developments at the international level in the areas of intellectual property law, traditional knowledge, and biodiversity however, many developing countries, Indigenous Peoples and Local Communities are considering using GIs to protect traditional knowledge in developing countries and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters in this respect, there is appreciable research dearth on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks.The book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law and policy-making to address the inadequacies of the existing global Intellectual Property Rights system in accommodating traditional knowledge. The book analyzes the reception, interest and nuanced reactions towards GIs from developing countries and advocates of development in the various legal and non-legal regimes that provide alternative platform for discussions and elaboration of intellectual property policies, such as the World Trade Organization, World Intellectual Property Organization, the Convention on Biological Diversity and the Food and Agricultural Organization. The book argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products and to benefit from the flexibility inherent in providing a means of GIs protection to suit different circumstances on a case-by-case basis.

This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.