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.

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschaftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.

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".

This book is an inquiry into the role of law in the contemporary political economy of hunger. In the work of many international institutions, governments, and NGOs, law is represented as a solution to the persistence of hunger. This presentation is evident in the efforts to realize a human right to adequate food, as well as in the positioning of law, in the form of regulation, as a tool to protect society from 'unruly' markets. In this monograph, Anna Chadwick draws on theoretical work from a range of disciplines to challenge accounts that portray law's role in the context of hunger as exclusively remedial. The book takes as its starting point claims that financial traders 'caused' the 2007-8 global food crisis by speculating in financial instruments linked to the prices of staple grains. The introduction of new regulations to curb the 'excesses' of the financial sector in order to protect the food insecure reinforces the dominant perception that law can solve the problem. Chadwick investigates a number of different legal regimes spanning public international law, international economic law, transnational governance, private law, and human rights law to gather evidence for a counterclaim: law is part of the problem. The character of the contemporary global food system-a food system that is being progressively 'financialized'-owes everything to law. If world hunger is to be eradicated, Chadwick argues, then greater attention needs to be paid to how different legal regimes operate to consistently privilege the interests of the wealthy few over the needs of poor and the hungry.

Das Werk belegt die Vermutung der unmittelbaren Wirkung des Unionsrechts. Es propagiert hiermit eine Dogmatik, die der inhaltlichen Unklarheit der bisher in der Rechtsprechung und Wissenschaft gebrauchlichen Kriterien zur Bestimmung der unmittelbaren Wirkung, namentlich der hinreichenden Genauigkeit und Unbedingtheit, abhilft. Die Vermutung unmittelbarer Wirkung wird sowohl mit der Rechtsprechung des Gerichtshofs der Europaischen Union als auch dogmatisch begrundet. Dabei zeigt sich, dass die Grunde, die im Hinblick auf das Voelkerrecht eine Zuruckhaltung bei dessen unmittelbarer Anwendbarkeit durch nationale Gerichte und Verwaltungsbehoerden rechtfertigen, sich jedenfalls nicht auf das primare und sekundare Unionsrecht ubertragen lassen.

The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

International law is playing an increasingly important role in international politics. However, international relations theorists have thus far failed to conceptualise adequately the role that law plays in politics. Instead, IR theorists have tended to operate with a limited conception of law. An understanding of jurisprudence and legal methodology is a crucial step towards achieving a better account of international law in IR theory. But many of the flaws in IR's idea of law stem also from the theoretical foundations of constructivism - the school of thought which engages most frequently with law. In this book, Adriana Sinclair rehabilitates IR theory's understanding of law, using cases studies from American, English and international law to critically examine contemporary constructivist approaches to IR and show how a gap in their understanding of law has led to inadequate theorisation.

The main subject of this book is the rather fascinating link between an acceptable concept of political whole and its legal and moral implications. When we face this problem, we find that widespread categories like happiness' and "friendship" are at the same time necessary and dangerous, crucial and elusive. In order to make the case against the so-called Legal Enforcement of Morals, and to grasp the complex relationship between law and morality from a liberal point of view, it is not enough to reject a pattern of happiness, or of human flourishing, from which to draw normative instructions for men and women - it must be recognized that integration of individuals in the comprehensive groups, as well as in the political whole itself, is not the only valuable option. The fragile value of a relative lack of integration, a "right to unhappiness," turns out to be, eventually, what makes the weak, but decisive, moral primacy of liberal societies.

The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.

This book provides theoretical perspectives on systemic discrimination in employment and an overview of policy and institutional responses in eight countries, focusing on affirmative action and employment equity policies. As a unique international comparative survey and assessment of affirmative action and employment equity policies, this is a sourcebook for researchers, practitioners and students in the fields of public policy, employment law, sociology, industrial relations and human rights.

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science. These aspects were analysed in a research project funded by the German Research Foundation. The book's purpose is to present the jurisprudential results. In addition, empirical results are collected in a freely available database. The study is composed of 5 parts: The Concept of Science/Global Administrative Law/Constitutional Basis: The Freedom of Science/Institutional Design/Governance Mechanisms.

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.

Two ofthe most important notions concerning the rights of people with mental illness are among the most neglected: the first is that human rights and duties are complementary and that both must be considered in constructing a framework for mental health care. The second is that we must strive for equity and not only for equality in developing mental health programs. The first ofthese notions is complex. It refers to the duties ofpeople with mental illness and to the duties ofthose who surround them. Mental illness does not liberate the person who has it from civic obligations. The most basic ofthese is to give support to others and to refuse to harm them Their carers, society and the patient's self-respect all gain through their recognition, even though the fulfilment of these obligations might be difficult or impossible in certain periods ofillness. The duty of those surrounding the patients is to recognise and respect their existence and to make the necessary arrangements to respond to their needs, protect their rights and compensate for their temporary or permanent inability to fulfil their civic duties. A society's social capital is the public good that results from the mutual supportofmembers ofa society: iffor one reason or another, some or all members ofa society fail to offer such support the social capital will diminish and the society will cease to be civic.

M. Rycroft, FacultyMember, InternationalSpaceUniversity e-mail:[email protected] "The Space Transportation Market: Evolution or Revolution?" was the question which was the focus for the papers presented, and also the Panel Discussions, at the fifth annual Symposium organised by the International Space University. Held in Strasbourg, France, for three lively days at the end of May 2000, the Symposium brought together representatives of the developers, providers and operators of space transportation systems, of regulatory bodies, and of users of the space transportation infrastructure in many fields, as well as experts in policy and market analysis. From the papers published here, it is clear that today's answer to the question tends more towards evolution than to revolution. The space launch industry is still not a fully mature one, and is still reliant on at least partial funding by governments. Better cooperation is essential between governments, launch providers, satellite builders and satellite operators in order to reduce the problems which the space transportation market faces today.

The practise of outlining principles for the conduct of US security policy in so-called doctrines is a characteristic feature of US foreign policy. From an international lawyer's point of view two aspects of these doctrines are of particular interest. First, to what degree are the criteria for the use of force, as laid down in these doctrines, consistent with the limitations for the use of force in international law? Second, which law-creating effects do these doctrines have? Furthermore, the legal nature of these doctrines remains uncertain. These matters are examined, beginning with the Monroe Doctrine of 1823 and taking into account the Stimson Doctrine of 1932, the doctrines of the Cold-War period and the Bush Doctrine of 2002. The Bush Doctrine in particular has generated controversies concerning its compatibility with Article 51 of the UN Charter, due to its principle of preventive self-defence.

A number of new approaches to the subject of international cooperation were developed in the 1980s. As a result, further questions have arisen, particularly with regard to the methods and limits of cooperation and the relationship between cooperation and the debate over multilateralism. International Cooperation considers these questions, identifies further areas for research, and pushes the analysis of this fundamental concept in international relations in new directions. Its two parts address the historic roots and modern development of the notion of cooperation, and the strategies used to achieve it, with a conclusion that reaches beyond international relations into new disciplinary avenues. This edited collection incorporates historical research, social and economic analysis and political and evolutionary game theory.

Academics and policymakers frequently discuss global governance but they treat governance as a structure or process, rarely considering who actually does the governing. This volume focuses on the agents of global governance: 'global governors'. The global policy arena is filled with a wide variety of actors such as international organizations, corporations, professional associations, and advocacy groups, all seeking to 'govern' activity surrounding their issues of concern. Who Governs the Globe? lays out a theoretical framework for understanding and investigating governors in world politics. It then applies this framework to various governors and policy arenas, including arms control, human rights, economic development, and global education. Edited by three of the world's leading international relations scholars, this is an important contribution that will be useful for courses, as well as for researchers in international studies and international organizations.

PREMIERE PARTIE TEXTES FONDAMENTAUX ET INFORMA nONS DE CARACTERE GENERAL CHAPITRE I. TEXTES FONDAMENTAUX A. DECLARATIONS D'ACCEPTATION DE LA COMPETENCE DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVI- DUELLES (Article 25 de la Convention) 3 Danemark 3 Norvege 3 Royaume-Uni 5 B. DECLARATIONS D'ACCEPTATION DE LA JURIDICTION OBLIGATOIRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME (Article 46 de la Convention) 7 Danemark 7 Norvege 9 Royaume-Uni 9 C. DECLARATIONS D'ACCEPTATION DE LA COMPETENCE DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVI DUELLES ET DE LA JURIDICTION OBLIGATOIRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME VISEES A L'ARTICLE 6, PARAGRAPHE 2, DU PROTO COLE N" 4 A LA CONVENTION EUROPEENNE 13 Danemark 13 Norvege 15 D. DEROGATIONS (Article 15 de la Convention) 17 Turquie 17 ANNEXES - Etat des Ratifications, Declarations et Reserves au 31 decembre 1972 28 - Etat des Depots des Ratifications 31 CHAPITRE II. LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME 33 A. COMPOSITION 35 B. NOTICES BIOGRAPHIQUES C. TRAVALJX DE LA COMMISSION 35 41 D. SECRETARIAT VJII TABLE OF CONTENTS CHAPTER III. THE EUROPEAN COCRT OF HCMAN RIGHTS A COMPOSITION 44 B BIOGRAPHICAL NOTES 44 C SESSIONS AND HEARINGS 46 D REGISTRY OF THE COL'RT 48 CHAPTER IV. PRINCIPAL DEVELOPMENTS IN THE COUNCIL OF EUROPE CONCERNING THE PROTECTION OF HUMAN RIGHTS ~. CHRONOL.