working mechanisms and to develop the overall governance framework in which we operate. Catherine Geslain-Laneelle Executive Director European Food Safety Authority (EFSA) Parma, March 2008 Acknowledgements This book and the General Framework for the Precautionary and Inclusive Governance of Food Safety that it presents and critically discusses have grown out of research undertaken within one of the subprojects (work package 5) of the research project SAFE FOODS, 'Promoting Food Safety through a New Integrated Risk Analysis Approach for Foods'. The Integrated Project SAFE FOODS has been funded by the European Commission under the 6th Framework Programme (April 2004 to June 2008) and coordinated by Dr H.A. Kuiper and Dr H.J.P. Marvin of RIKILT-Institute of Food Safety at the University of Wageningen in the Netherlands. Subproject 5 of SAFE FOODS has dealt with institutional aspects of food safety governance with a focus on ways (procedural and structural mec- nisms) to improve the implementation of precaution, participation and a politi- science interface, and has been coordinated by the editors of this book. The General Framework and this book have been a collaborative effort of subproject 5 in which all contributors to the first part of this book were involved. We have very much appreciated this exceptionally fruitful cooperation. It has always been both greatly intellectually inspiring (with many intensive, focused discussions) and very pleasant (highly cooperative and reliable)."

The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

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.

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).

This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world's great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity's greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms.
Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.

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.

Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.

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.

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.

This book offers a South Asian perspective on international law, maintaining a suitable distance from the 'Western' approach. The themes discussed reflect the region's particular contribution to the development of international law. Each South Asian country has its own important role to play in promoting regional trade, regulating maritime affairs, ensuring access to water, debating State responsibility, engaging with International Criminal Court, questioning diplomatic and consular immunities, and, most importantly, upholding human rights. These issues are addressed by local contributors from Nepal, Bangladesh and Sri Lanka, who have come together to represent the whole South Asian region on a single academic platform.

In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world's most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a 'Market Model' that seeks immigrants for short-term labor with fewer outlets to citizenship - an approach that resembles the increasingly contingent nature of labor markets worldwide.

The Caucasus region, situated on a natural isthmus between the Black Sea and the Caspian Sea, has long been a border zone and a melting pot for a diverse range of cultures and peoples. As the intersection between Europe and Asia, and also - tween Russia and the Ottoman and Persian Empires, it has featured in the strategic plans of numerous great powers over the centuries. Given its abundance of natural resources, the ready-made raw material transport routes to Europe and its enduring position on the edge of Russia, nothing has changed to the present day. The tremendous development opportunities of the Caucasian region are being tarnished by unresolved territorial conflicts that put a continual and regionally balanced growth, sustained democratisation and long-term stability at risk. These conflicts, which all erupted with the dissolution of the Soviet Union, include the separatist movements in Abkhazia, Chechnya, Nagorno-Karabakh and South - setia. The war over South Ossetia, which erupted between Russia and Georgia in August 2008, spelt out the explosive potential still inherent in these conflicts.

The book assesses the EU performance in the broader UN setting after the Lisbon Treaty. Distinguished scholars with expertise in EU-UN relations use a comprehensive analytical framework of performance to examine various aspects of the complex EU engagement in UN politics. Performance goes beyond the achievement of agreed-upon objectives and engulfs the underlying, intra-organizational, agreement-reaching processes. The contributors examine the output of the intra-EU policy-making process and its impact within the UN setting. They cover thematic areas of special importance for the EU such as environment, human rights, disarmament and peacekeeping operations as well as special UN bodies and forums where the EU is particularly active, such as the UN General Assembly and its main Committees, the International Labour Organisation, UNESCO and the Non-Proliferation Review Conferences.

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.

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.

This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

When former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world's attention was focused for the first time on the idea of universal jurisdiction. Universal jurisdiction stands for the principle that atrocities such as genocide, torture, and war crimes are so heinous and so universally abhorred that any state is entitled to prosecute these crimes in its national courts regardless of where they were committed or the nationality of the perpetrators or the victims. In 2001, two Rwandan nuns were convicted in a Belgian court for atrocities committed in Rwanda against Rwandans. Serbs have been prosecuted in German courts, and a court in Senegal asserted universal jurisdiction over the former dictator of Chad, Hissène Habré. Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens. Universal Jurisdiction brings together leading scholars to discuss the origins, evolution, and implications of this legal weapon against impunity. They examine the questions that cloud its future, and its role in specific cases involving Adolf Eichmann, Pinochet, Habré, and former Rwandan government officials, among others, in order to determine the proper place of universal jurisdiction in the emerging regime of international legal accountability.

This peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union's Agenda 2063. Following on from Part 1 to Part 3, which was highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa's people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa's goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, social, rural and technical development.

Mit Regelungen zu Fragen der modernen Medizin und Biotechnologie werden Entscheidungen getroffen, die das Selbstverstandnis einer Gesellschaft oft grundlegend beruhren. Auf unbestrittene, ausdifferenzierte, rechtliche oder ethische Standards kann dabei kaum zuruckgegriffen werden. Zugleich stellt der standige Fortschritt von Wissenschaft und Praxis die Effektivitat rechtsformiger Entscheidungsverfahren auf die Probe.

Dieser interdisziplinare Band wendet sich der Frage zu, wie diese ethisch-rechtlichen Herausforderungen in nationalen Rechtsordnungen, auf der Ebene der Europaischen Union und im Bereich des Volkerrechts in demokratisch oder anderweitig legitimer Weise bewaltigt werden.

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.

Many anti-corruption efforts have had only a minimal effect on curbing the problem of corruption. This book explains why that is, and shows readers what works in the real world in the fight against corruption, and why. Counter-corruption initiatives often focus on the legal, institutional, and contextual factors that facilitate corrupt behavior, but these have had only nominal impacts, because most of these reforms can be circumvented by government officials, powerful citizens, and business people who are relentless in their quest for self-interest. This book argues that instead, we should target the key individual and group drivers of corrupt behavior and, through them, promote sustainable behavioral change. Drawing on over 25 years of practical experience planning, designing, and implementing anti-corruption programs in over 40 countries, as well as a wealth of insights from social psychological, ethical, and negotiation research, this book identifies innovative tools that target these core human motivators of corruption, with descriptions of pilot tests that show how they can work in practice. Anti-corruption is again becoming a priority issue, prompted by the emergence of more authoritarian regimes, and the public scrutiny of government responses to the COVID-19 pandemic. Straddling theory and practice, this book is the perfect guide to what works and what doesn't, and will be valuable for policymakers, NGOs, development practitioners, and corruption studies students and researchers.