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.

Trust in International Cooperation challenges conventional wisdoms concerning the part which trust plays in international cooperation and the origins of American multilateralism. Brian C. Rathbun questions rational institutionalist arguments, demonstrating that trust precedes rather than follows the creation of international organizations. Drawing on social psychology, he shows that individuals placed in the same structural circumstances show markedly different propensities to cooperate based on their beliefs about the trustworthiness of others. Linking this finding to political psychology, Rathbun explains why liberals generally pursue a more multilateral foreign policy than conservatives, evident in the Democratic Party's greater support for a genuinely multilateral League of Nations, United Nations and North Atlantic Treaty Organization. Rathbun argues that the post-World War Two bipartisan consensus on multilateralism is a myth, and differences between the parties are growing continually starker.

African states have become testing grounds for Western conflict-resolution experiments, particularly power-sharing agreements, supposedly intended to end deadly conflict, secure peace, and build democracy in divided societies. This volume examines the legal and political efficacy of transitional political power-sharing between democratically constituted governments and the African warlords, rebels, or junta that seek to violently unseat them. What role does law indicate for itself to play in informing, shaping, and regulating peace agreements? This book addresses this question and others through the prism of three West African case studies: Liberia, Sierra Leone, and Guinea-Bissau. It applies the Neo-Kadeshean Model of analysis and offers a framework for a 'Law on Power-sharing.' In a field dominated by political scientists, and drawing from ancient and contemporary international law, this book represents the first substantive legal critique of the law, practice, and politics of power sharing.

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."

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.

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.

This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

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.

From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

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.

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

Written by the recognised world authority on the subject, this title remains the definitive work on British nationality law. Includes the following updates: - Changes to primary legislation as regards deprivation of citizenship and registration as a British citizen; - Changes to secondary legislation including Nationality Instructions being replaced by the Nationality Guidance, and the Immigration Rules which now contain provisions for a Statelessness Determination Procedure; - Updated case law surrounding statelessness and possession of nationality - European Union citizenship, international standards and principles of nationality law, both in the European region and globally.

In 1968, the predecessor of this volume was published as Number 15 of the Law in Eastern Europe series, under the title "Soviet Citizenship Law". The decision to put out a new version of that study was prompted by the enactment in 1978 of the CUTTent Law on the Citizenship of the USSR and the various changes in Soviet prac tice in this domain which occurred in the intervening decade. I have drawn on the earlier work for background material and in order to make comparisons between the previous record here and the substance ofthe latest statute. However, the pres ent monograph is not a second edition in the sense of being an expanded and updated revision of the original, but stands as an independent piece of research and analysis. Thus, three of the chapters (out of a total of six) featured in the 1968 vol urne - citizenship and state succession, state succession and option of nationality, and refugees and displaced persons - have now been omitted for the simple reason that the situation in these areas has remained virtually static during the past ten years so that the initial treatment requires no significant alteration. On the other hand, fresh problems have meantime arisen - such as, for instance, the connection between citizenship and emigration, and the relationship between citizenship status and the international protection of human rights - which called for attention and are dealt with in this book.

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 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.

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.

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.

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.