The responsiveness to societal demands is both the key virtue and the key problem of modern democracies. On the one hand, responsiveness is a central cornerstone of democratic legitimacy. On the other hand, responsiveness inevitably entails policy accumulation. While policy accumulation often positively reflects modernisation and human progress, it also undermines democratic government in three main ways. First, policy accumulation renders policy content increasingly complex, which crowds out policy substance from public debates and leads to an increasingly unhealthy discursive prioritisation of politics over policy. Secondly, policy accumulation comes with aggravating implementation deficits, as it produces administrative backlogs and incentivises selective implementation. Finally, policy accumulation undermines the pursuit of evidence-based public policy, because it threatens our ability to evaluate the increasingly complex interactions within growing policy mixes. The authors argue that the stability of democratic systems will crucially depend on their ability to make policy accumulation more sustainable.

The American public has become increasingly disenchanted with the United Nations. Some responsible sources in this country are already advocating withdrawal from U.N. agencies and perhaps even from the entire system.

This book, by the former Director of Research at UNITAR, the U.N.'s "think tank," examines the record of the U.N. during its first 40 years in the clear light of American national interest. Franck offers a balance sheet which confirms that the U.N. during its first 40 years in the clear light of American national interest. Franck offers a balance shet whcih confirms that the U.N. often operates in a way that undermines respect for individual human rights and hampers conflict resolution. At the same time, he does not shrink from showing that the fault frequently lies with the United States itself. He shows how the U.S. helped form the U.N. with unrealistic views of what it could do, how for a decade or more the U.S. was able to use the U.N. essentially as a tool and adjunct to its foreign policy, and how Washington failed to predict and plan for the inevitable shift in power at the U.N. led by the newly emergent Third World nations. Franck warns of the American penchant for treating international relations as a series of unrelated encounters instead of an ongoing, institutionalized system in which the tactics and outcome of one crisis inevitably affect the way the next context is played out.

Taday the U.S. and its allies are often the butt of antagonisms that the U.N. system seems to encourage and exaggerate. Nevertheless Franck shows that even now the U.S. position in the U.N. is far from hopeless, and he provides a blueprint for a strategy of "playing hard ball," which is far more realistic than abandoning the world organization.

About the Author:

Thomas M. Franck is Professor of Law and Director of the Center for International Studies at the New York University Law School. His previous books include Word Politics and Secrecy and Foreign Policy.

Labour internationalism is often viewed as impossible or inevitable, depending upon political perspective. O'Brien argues for a more nuanced, diverse understanding of labour internationalism, identifying six different 'faces', shaped by the national or global orientation of particular groups in the fields of production, regulation and ideas. Providing a general view of labour's global activity and a case study of the Southern Initiative on Globalisation and Trade Union Rights (SIGTUR), the book illustrates how the productive and regulatory structures of the global economy are pushing labour internationalism in particular directions. It details how leftist unions in Argentina, Australia, Brazil, India, the Philippines, South Africa, and South Korea have tried to bridge their differences and launch collective actions. Drawing upon twenty years of participant observation, O'Brien reveals a specific Global South approach based upon anti-imperialism, anti-capitalism and empathetic internationalism.

The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book should be read by anyone concerned with free speech and its place in democratic self-government.

Die Piraterie ruckte durch eine Haufung von UEbergriffen auf Handelsschiffe vor der Kuste Somalias verstarkt in das Blickfeld der Staatengemeinschaft. Eilig wurde der Entschluss gefasst, dem Problem auch mit Strafverfolgung beizukommen. Nach einer Phase der Orientierung einigte sich die Weltgemeinschaft auf die Regionalisierung des Problems - also die Verlagerung der Strafverfolgung und des Strafvollzugs auf Anrainerstaaten des Indischen Ozeans. Die Arbeit befasst sich im Allgemeinen mit dem voelkerrechtlichen und im Speziellen mit dem menschen- und grundrechtlichen Rahmen der Strafverfolgungsstrategie gegenuber der Piraterie unter Einbeziehung der Rechtsordnungen der kooperierenden Regionalstaaten. Sie enthalt Anstoesse fur eine Neuausrichtung der Strafverfolgungsstrategie gegenuber der Piraterie vor Somalia, aber auch andernorts.

Between 1904 and 1907, German soldiers, settlers and mercenaries committed mass murder in Africa. Can this be considered the first genocide of the 20th century? Was it a forecast of the Third Reich's extermination policy in Central and Eastern Europe? This book provides the answer. Based on extensive archival and library research in Tanzania, Namibia, South Africa, Germany and Poland as well as on the most recent and up-to-date jurisprudence of international criminal tribunals, the renowned historian and political scientist Klaus Bachmann paints a new and surprising picture of the events and their legal significance, which many will find disturbing and provocative. It abolishes many well-established interpretations about German colonialism and its alleged links with the Third Reich and provides a new and intriguing contribution to the current post-colonial debate.

The introduction to this English translation of a selection from Van Vollenhoven's study of indigenous Indonesian law outlines the historical significance of his work, showing its background in the complex administrative and legal system of the Dutch East Indies, the trends in Dutch colonial legal and economic policy, and the development of adat law scholarship from the early 1900s onwards. The chapters chosen concentrate almost entirely on the adat law of some of the indigenous peoples of Indonesia.

At head of title: Europa Instituut, University of Leiden.

Negotiations on trade facilitation were concluded at the WTO 9th Ministerial Conference in 2013, and the Agreements on Trade Facilitation (TFA), therefore, became the first fully multilateral agreement in WTO history. Since then, trade facilitation has been in the limelight on the stage of the world trading system. During recent years, the TFA has been consistently on the agenda of the summits of G20, G7, and APEC. The Agreement has come into force and shall be implemented on a global scale. As a result, the WTO members shall be prepared to translate the Agreement into their domestic legislation, which will involve a series of reforms in trade laws and policies. There are extensive voices demanding a comprehensive expatiation on trade facilitation and the TFA. It is essential to systematically delve into the genesis of trade facilitation, revisit the course where the TFA came into being, and analyse the well-turned legalese of the TFA. This book meets this demand. This book is path-breaking in these aspects: it expounds on the rationales for trade facilitation and the significance of constituting an international accord on trade facilitation; it restores the one-century track of the international community's talks on trade facilitation, from the times of the League of Nations to the WTO era; it reveals how the WTO negotiating mechanisms enabled the TFA to be nailed down, which would be enlightening for trade diplomats engaged in other WTO negotiations; and it provides an in-depth commentary on the TFA articles, which will help stakeholders more accurately understand and implement the Agreement. This book will be especially valuable for government officials and policy-makers, trade practitioners, lawyers, advisers, and scholars interested in international economic law, WTO law, international trade, international relations, and international development studies.

Ratemaking in international air transport is a matter of vital importance for airlines, consumers and Governments. For airlines, because the level of international air fares and rates forms one of the bases of their profit-making ability. For consumers, because that level determines whether they can afford the use of international air transport. For Governments, because they, as the guardians of the interests of both the airlines and the consumers, have the task to strike a just balance between those interests. International air fares and rates are of two kinds: scheduled and non-scheduled. The International Air Transport Association (lATA), the trade association of the world's scheduled international airlines, determines, under Governmental supervision and control, uniform fares and rates for scheduled international air services. These services account for approximately seventy-five percent of total international air traffic. The remaining twenty-five percent consists of non scheduled, or charter international air services. International charter air fares and rates are by and large set by the free forces of the marketplace, and compete with scheduled international (lATA) air fares and rates. This book studies both scheduled and charter international air fares and rates. It examines the role of airlines, airline asso ciations and Governments in the international ratemaking process. Furthermore, it analyses the competitive relationship between charter and scheduled international air fares and rates.

Im Zuge der Globalisierung finden Interessen und Werte der internationalen Gemeinschaft zunehmend Niederschlag im Volkerrecht.

Zur Erfassung der mit diesem Wandel einhergehenden strukturellen Veranderungen der internationalen Rechtsordnung schlagt der Autor den Begriff des internationalen Gemeinschaftsrechts vor. Normativ bezeichnet dieser Begriff eine Kategorie von Rechtsnormen, die sich durch besondere gemeinschaftliche Mechanismen der Normentstehung und Rechtsdurchsetzung auszeichnen. Deskriptiv bezeichnet er eine dritte Stufe der Volkerrechtsentwicklung, die neben das Koexistenzvolkerrecht und das Kooperationsvolkerrecht tritt.

Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.

It has more than once been observed that funeral orations for the natural law have always been premature. ! The implication that the concept has a continuing vitality, giving the lie to the prophets of its doom, is justification for yet another book on a subject, now as much as ever in the two and a half millenia of its history a matter of controversy. The history of the natural law has often been written -or at least the history of the concept in the Western European Greco 2 Roman tradition. This study does not claim to be a history, although its method is primarily historical and its subject is an idea that, more perhaps than most, has been shaped by its history. The omissions, Hobbes, Vico, Kant, Hegel for example, amply demonstrate that this is not a systematic history. On the other hand it accepts that In an orderly preparation for the study of natural law the most impor tant step would be to list the main modifications undergone by the notion of natural law as a result of doctrinal and historical cir cumstances? 1 Bergbohm, Jurisprudenz und Rechtsphilosophie, cited in a. M. Manser, Vas Natu"echt in Thomistischer Beleuchtung, p. 1; cf. A. P. d'Entreves, Natural Law, p. 13: "It was declared dead, never to rise again from its ashes. Yet natural law has survived and still calls for discussion. " 2 A.

Die Autorin untersucht am Beispiel umweltvolkerrechtlicher Vertrage, inwiefern inhaltliche Uberschneidungen und Konflikte zwischen Ansatzen, Zielen und konkreten Regelungen der betroffenen Vertrage bestehen und welche Konsequenzen dies fur ein koharentes Regelungsgefuge im Volkerrecht hat.

Mit dem Ziel, Wege zur Koordinierung volkerrechtlicher Vertrage und zur Herstellung eines moglichst koharenten Geflechts volkerrechtlicher Regelungen aufzuzeigen, werden das gesamte Volkervertragsrecht sowie institutionelle "Global Governance"-Mechanismen analysiert. Auf diese Weise verbindet das Buch eine detaillierte und umfassende Erorterung volkervertragsrechtlicher Ansatze mit neuen Losungswegen zur Bewaltigung eines Problems, das in seiner Bedeutung nicht auf das Umweltvolkerrecht beschrankt ist."

Space exploration is a development which began with the launching of the first artificial satellite in 1957. Since then an incredible progress has been made, leading to the landing of man on the moon. A quick look at the number of launchings which have been registered with the United Nations will show the influence of space science and technology on human endeavours. For example, satellites can be used for com munication, weather forecasting, education, and remote sensing of the resources of the Earth. The United Nations Committee on the Peaceful Uses of Outer Space is the focal point of international co-operation in space activities. The Committee regulates these activities through its Legal Sub-Committee. The setting up of the Committee was preceded by an Ad Hoc Committee which was established on 31 December 1958. The initial difficulty which confronted the Ad Hoc Committee was the issue of its member ship. The USSR, Czechoslovakia and Poland decided not to participate in its work because they were dissatisfied with the composition of the Ad Hoc Committee. Later, both the UAR and India also decided not to participate in its work. Although the Ad Hoc Committee succeeded in producing a report in 1959 (UN document A/4141), the progress of work of the Main Committee was in limbo for a while. It was not until 1961 that the disagreements were resolved. The Committee conducts its business without voting -the Chairman simply states the consensus of views which have been expressed."

While legal technology may bring efficiency and economy to business, where are the people in this process and what does it mean for their lives? Brings together leading judges, academics, practitioners, policy makers and educators from countries including India, Canada, Germany, United Kingdom South Africa and Nigeria Includes contributions from Roger Smith, Dory Reiling, Christian Djeffal, George Williams and Odunoluwa Longe Offers a dialogue between theory and practice by presenting practical and reflective essays on the nature of changes in the legal sector Analyses technological changes taking place in the legal sector, situates where these developments have taken place, who has brought it about and what impact has it had on society Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices. Courts and legal institutions can often be out of reach because of costs, distance, or a lack of knowledge of rights and entitlements and judicial institutions may be under-funded leading to poor judicial infrastructure, inadequate staff, and limited resources to meet the needs of those who require such services. This book sets out to embed access to justice into mainstream discussions on the future of law and to explore how this can be addressed in different parts of the legal industry. It examines what changes in technology mean for the end user, whether an ordinary citizen, a client or a student. It looks at the everyday practice of law through a sector wide analysis of law firms, universities, startups and civil society organizations. In doing so, the book provides a roadmap on how to address sector specific access to justice questions and to draw lessons for the future. The book draws on experiences from judges, academics, practitioners, policy makers and educators and presents perspectives from both the Global South and the Global North.

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

Die Folgen der Stigmatisierung von Staaten f r deren Status innerhalb der Staatengemeinschaft ist Thema des Buches. Ausgehend von einer historischen Betrachtung der Stellung nichtzivilisierter Gemeinwesen" und Barbareskenstaaten" wird die Staatenpraxis seit 1990 analysiert. Ein rechtlicher Statuswechsel durch Stigmatisierung verbunden mit sanktionierender Gesetzgebung ist mit dem geltenden V lkerrecht ebenso wenig zu vereinbaren wie pr ventive Selbstverteidigung gegen ber Schurkenstaaten." Die Verwendung pejorativer Statusbegriffe als Instrument hegemonialer Machtentfaltung bedeutet nicht nur eine ungleiche Behandlung bestimmter Staaten, sie stellt vielmehr die Geltung des Grundsatzes der souver nen Gleichheit als Prinzip des V lkerrechts in Frage.

This monograph is primarily addressed to the problem of avoidance, noncompliance or defiance of obligations related to international organiza tions by members and nonmembers. Structurally, it is a survey of the practices of uncooperative members and nonmembers set against a general statement of the norms of international organizations. Minor disruptions in international affairs evoke conflicts of inter national obligations and state interests. Today, when the problems are grave and the prospects for peace are gloomy, there is an urgent need for scholars and practitioners of international relations to study and reflect upon the implications of prolonged disregard of international obligations during a time in which international organizations are increas ing in numbers and in functions. To provide a systematic framework for this effort is a main purpose of this work. Although the whole range of international organizations provide illus trations of these conflicts, practices within the United Nations system have been the focus of the study. There is no pretense of having made a comprehensive study of every international organization nor is there any claim that the coverage of cases having pertinence to the subject matter goes beyond the minimum required to illustrate these problems. From the many cases available, only those which promised to have most relevance or to provide the best understanding of the conflicts of inter national obligations and state interests were included."

This new consolidated table of treaties 1-160 covers in a single consolidation all treaties referred to in volumes 1-160 of the International Law Reports by date, treaty title and article number. It also indicates where early treaties and non-multilateral treaties may be found. Since the Reports began in 1922, over 10,000 cases have been reported in full or digest form.

When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.

Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.

Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e., the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g., the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S.: Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S."