The chapters in this volume address international legal issues impacted by the legacy of the Asian region s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region.

The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region.

Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

This book explores how the bedrock institution of today's global order - sovereignty - is undergoing transformation as a result of complex interactions between power and norms, between politics and international law. This book analyses a series of controversial military interventions into the internal affairs of "irresponsible sovereigns" and discusses their consequences for the rules on the use of force and the principle of sovereign equality. Featuring case studies on Kosovo, Darfur and Afghanistan, It shows that frames from one discourse (for example the debate over the responsibility to protect) have been imported into other discourses (on counter-terrorism and nuclear non-proliferation) in an attempt to legitimize a bold challenge to the global legal order. Although the 'demise' of sovereignty is widely debated, this book instead seeks to 'deconstruct' sovereignty by explaining how this institution has been reconstituted by global powers whose hegemonic law-making activities have popularized the notion of sovereignty as responsibility. Drawing on international relations theory, international law and sociology, Sovereignty and the Responsibility to Protect develops a truly interdisciplinary perspective on the transformation of sovereignty and will be of strong interest to students and scholars in these fields.

Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.

Die Europaische Union hebt sich durch ausdifferenzierte Rechtsetzungsmechanismen und Handlungsformen vom klassischen, durch zwischenstaatliche Vertrage gepragten Voelkerrecht ab. Angesichts dessen erstaunt es, dass zwischen den einzelnen Mitgliedstaaten nach wie vor ein dichtes Netz voelkerrechtlicher Vertrage besteht. Eine Auswertung der Vertragspraxis zeigt, dass die Abkommen passgenau auf gleichzeitig geltendes einschlagiges Unionsrecht abgestimmt sind. Sie konkurrieren in aller Regel nicht mit ihm, sondern sind Bestandteil eines ebenenubergreifenden Rechts des Europaischen Verbunds. Soweit mit der Rechtserzeugung ausserhalb der Unionsorgane Gefahren fur die Einheit des Unionsrechts und die Inklusivitat unionaler Rechtsetzung verbunden sind, begegnet ihnen das Europaische Verfassungsrecht mit den bewahrten Instrumenten der Kompetenzordnung, des Loyalitatsgebots und des Vorrangs.

Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.

How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

The essays in this collection are based on papers originally presented at the sixth meeting of the European-American Consortium for Legal Education, held at the University of Helsinki, Finland in May, 2007. EACLE is a transatlantic consortium of law faculties dedicated to co- eration and to the exchange of ideas between different legal systems and cultures. Each year the EACLE colloquium considers a speci?c legal qu- tion from a variety of national perspectives. The 2007 initiative on "The Internationalization of Law and Legal Education" was coordinated by the staff of the University of Helsinki Faculty of Law and the Academy of F- land Centre of Excellence in Global Governance Research. We would like to thank those who attended the 2007 meeting for their insightful remarks, and for their inspiration, suggestions, and encouragement in making this volume and the EACLE consortium so effective in fostering greater trans- lantic cooperation on law and legal education. Thanks are also due to the faculty, staff and students of the Center for International and Comparative Law who prepared this volume for publication, and particularly to Morad Eghbal, James Maxeiner, Kathryn Spanogle, Jordan Kobb, Astarte Daley, Suzanne Conklin, P. Hong Le, P- tima Lele, Nicholas McKinney, Shandon Phan, T.J. Sachse, Katherine Si- son, Toscha Stoner-Silbaugh, Bjorn ] Thorstensen, Ryan Webster, and Cheri Wendt-Taczak."

Making Sense of War provides a comprehensive and clear analysis of the complex business of waging war. It gives readers a thorough understanding of the key concepts in strategic thought, concepts that have endured since the Athenian general Thucydides and the Chinese philosopher/warrior Sun Tzu first wrote about strategy some 2500 years ago. It also examines the influence on strategic choice and military strategy of political, legal and technological change. This book discusses strategy at every level of competition, employing a thematic approach and using historical examples from 500 BCE to the present. It discusses the contraints and opportunities facing military commanders in the 21st century, and demonstrates that the formulation of military strategy will continue to be perhaps the single most important responsibility for senior security officials. Making Sense of War offers original insights into the imperatives of military success in the era of asymmetric warfare.

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application."

Legal Aspects of the Regional Integration Processes in the Post-Soviet Area is the first ever comprehensive overview of regional integration processes in the territory of the former USSR introducing the core concepts of regional integration theory and presenting a solid foundation of factual information regarding all the regional integration agreements (RIAs) operating in the Eurasian landmass and consisting of the former Soviet republics. The book analyzes the legal nature and background of the regional integration in the framework of the Commonwealth of Independent States, the Russian-Belarusian Union, the Single Economic Space, the Eurasian Economic Community and the Collective Security Treaty Organization. It also deals with the RIAs created outside of the Russian control in the format of GUAM and among Central Asian countries. Finally, the book contains conclusive remarks attempting to assess the possibility of the creation of an Eurasian Union.

All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .

The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague's and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

Natural resource governance is central to the outcomes of biodiversity conservation efforts and to patterns of economic development, particularly in resource-dependent rural communities. The institutional arrangements that define natural resource governance are outcomes of political processes, whereby numerous groups with often-divergent interests negotiate for access to and control over resources. These political processes determine the outcomes of resource governance reform efforts, such as widespread attempts to decentralize or devolve greater tenure over land and resources to local communities. This volume examines the political dynamics of natural resource governance processes through a range of comparative case studies across east and southern Africa. These cases include both local and national settings, and examine issues such as land rights, tourism development, wildlife conservation, participatory forest management, and the impacts of climate change, and are drawn from both academics and field practitioners working across the region. Published with IUCN, The Bradley Fund for the Environment, SASUSG and Norwegian Ministry of Foreign Affairs

In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, 'insurgent' possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution -- caste, tribe, religious minorities, women, sexual minorities, and disability.The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.
Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.

The articles collected here are foundational contributions to integrating behavioural research and risk analysis. They include seminal articles on three essential challenges. One is ensuring effective two-way communication between technical experts and the lay public, so that risk analyses address lay concerns and provide useful information to people who need it. The second is ensuring that analyses make realistic assumptions about human behaviours that affect risk levels (e.g., how people use pharmaceuticals, operate equipment, or respond to evacuation orders). The third is ensuring that analyses recognize the strengths and weaknesses of experts' understanding, using experts' knowledge, while understanding its limits. The articles include overviews of the science, essays on the role of risk in society, and applications to domains as diverse as environment, medicine, terrorism, human rights, chemicals, pandemics, vaccination, HIV/AIDS, xenotransplantation, sexual assault, energy, and climate change. The work involves collaborations among scientists from many disciplines, working with practitioners to produce and convey the knowledge needed help people make better risk decisions.

The volume provides analyses and evaluations of the continuing importance of Europe's autonomy in its access to space as a key driver in the development of European space capabilities. From a detailed historical analysis of some of the pitfalls of dependence in the space industry, experts analyse the full range of current European space capabilities and identify areas where autonomy is both possible and required, even in a situation of severe budgetary constraints. The contributions present a comprehensive overview of European efforts in a broad range of areas including energy, culture, science, and security; access to space, space applications, human spaceflight, security and space situational awareness, and strategic issues. They make a cogent strategic and economic case for policy makers to continue to bear in mind the importance of autonomous space capabilities, even in an interdependent globalised world.

Decisions at the End of Life is the last volume in a trilogy on Aging conceived for the International Library of Ethics, Law, and the New Medicine. Leading scholars from a range of disciplines examine some of the most emotive topics in the study of aging: assessing quality of life, improving end-of-life care, palliative care, euthanasia, and consent to research.

When leaders of New Zealand joined other heads of British Commonwealth countries in signing the 1919 Treaty of Versailles to end World War I and joining the League of Nations, they did not regard the act as a declaration of independence. On the contrary, while their Canadian and South African counterparts saw membership in the league as a rite of passage towards greater autonomy, New Zealand's leaders viewed it as an unwelcome burden and a potential threat to the British Empire. This history of New Zealand's relations with the League of Nations from its inception in 1920 to its demise in 1946 follows the government's transformation in attitude from its initial hostility to detached acceptance and, finally, passionate support in the late 1930s. By chronicling this intricate relationship, this work traces New Zealand's first tiny, halting steps towards developing its own foreign policy.

A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the "Convention") marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter "UNCLOS III"), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the "1958 Convention"), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.

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.

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).