This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Rio Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.

This book discusses global mobile satellite communications (GMSC) for maritime, land (road and rail), and aeronautical applications. It covers how these enable connections between moving objects such as ships, road and rail vehicles and aircrafts on one hand, and ground telecommunications subscribers through the medium of communications satellites, ground earth stations, Terrestrial Telecommunication Networks (TTN), Internet Service Providers (ISP) and other wireless and landline telecommunications providers. The new edition covers new developments and initiatives that have resulted in land and aeronautical applications and the introduction of new satellite constellations in non-geostationary orbits and projects of new hybrid satellite constellations. The book presents current GMSC trends, mobile system concepts and network architecture using a simple mode of style with understandable technical information, characteristics, graphics, illustrations and mathematics equations. It represents telecommunications technique and technology, which can be useful for all technical staff on vessels at sea and rivers, on all types of land vehicles, on planes, on off shore constructions and for everyone possessing satellite communications handset phones. The first edition of Global Mobile Satellite Communications (Springer, 2005) was split into two books for the second edition - one on applications and one on theory. This book presents global mobile satellite communications applications.

The International Civil Aviation Organization's (ICAO) decision to require aviation organizations to adopt Safety Management Systems poses a major problem especially for small and medium sized aviation companies. The complexity of regulations overstrains the aviation stakeholders who seek to fully advantage from them but have no clear guidance. The aim of the book is to show the implementation of such a new system with pragmatic effort in order to gain a gradation for smaller operators. This approach should illustrate the leeway in order to adapt the processes and to show the interfaces between Corporate Risk Management and Safety Management. The book shows how to build a system with reasonable effort, appropriate to the size and complexity of the specific operator. It also gives inputs on the key aspects and how to effectively operate such a system with the various interfaces. Furthermore, the book highlights the importance of Corporate Risk Management independent of Safety Management Systems based on ICAO.

The Yearbook on Space Policy, edited by the European Space Policy Institute (ESPI), is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The first part of the Yearbook sets out a comprehensive overview of the economic, political, technological and institutional trends that have affected space activities. The second part of the Yearbook offers a more analytical perspective on the yearly ESPI theme and consists of external contributions written by professionals with diverse backgrounds and areas of expertise. The third part of the Yearbook carries forward the character of the Yearbook as an archive of space activities. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.

This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters. The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law. The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines. Marco Odello, JD (Rome), LLM (Nottingham), PhD (Madrid) is a Reader in Law at Aberystwyth University, Wales, UK. Francesco Seatzu, JD (Cagliari), PhD (Nottingham) is Professor of International and European Law at the University of Cagliari, Sardinia, Italy.

Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations. Using detailed case studies, historical mapping and legal analysis, the contributors show how various actors (farmers, civil society groups, government officials, international bodies) use or could use different legal tools (legislative, jurisprudential, norm-setting) on various scales (local, national, regional, global) to achieve structural changes in food systems. Section 1, Institutionalizing New Approaches, explores the possibility of institutionalizing social change through two alternative visions for change - the right to food and food sovereignty. Individual chapters discuss Via Campesina's struggle to implement food sovereignty principles into international trade law, and present case studies on adopting food sovereignty legislation in Nicaragua and right to food legislation in Uganda. The chapters in Section 2, Regulating for Change, explore the extent to which the regulation of actors can or cannot change incentives and produce transformative results in food systems. They look at the role of the state in regulating its own actions as well as the actions of third parties and analyze various means of regulating land grabs. The final section, Governing for Better Food Systems, discusses the fragmentation of international law and the impacts of this fragmentation on the realization of human rights. These chapters trace the underpinnings of the current global food system, explore the challenges of competing regimes of intellectual property, farmers rights and human rights, and suggest new modes of governance for global and local food systems. The stakes for building better food systems are high. Our current path leaves many behind, destroying the environment and entrenching inequality and systemic poverty. While it is commonly understood that legal structures are at the heart of food systems, the legal academy has yet to make a significant contribution to recent discussions on improving food systems - this book aims to fill that gap."

Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from 'everyday' international law, the book concentrates on explaining 'what is it' that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law's founding progress narratives. The book is valuable reading for international law academics and practitioners alike, especially for those interested in the history and theory of international law. Dr. Thomas Skouteris is currently Associate Professor and Director of the Ibrahim Shihata Memorial LLM Program in International and Comparative Law at The American University in Cairo as well as Secretary General of the European Society of International Law. Before AUC, Skouteris taught at the Faculty of Law of Leiden University and other universities as Visiting Professor. He is General Editor of the Leiden Journal of International Law and he teaches and publishes in public international law, legal history and theory, international dispute settlement, and international criminal law.

'Fragmentation' has become a defining metaphor of international law scholarship in the era of globalization, albeit the subject is highly controversial among international lawyers. Some accept, while others oppose, the idea of fragmentation. Some see it as a new development; others as history repeating itself. Some approach it as a technical issue and some as the reflection of deeper political struggles. But, there is near consensus about the fact that something is happening today which challenges established visions of international law as a unitary whole. At the same time, the concept of unity, which lies at the very core of the fragmentation debate, is hardly ever rationalized in the literature. As a rule, the notion of unity is more assumed than explained. Unity is presented as fragmentation's theoretical opposite, but its meaning remains vague and intuitive. This book dispels that vagueness by exploring the various possible meanings of the concept of unity in international law. However, rather than proposing one grand theory of unity, the book identifies and compares five candidate conceptions of unity in international law. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary. Instead, it seeks to show that unity is a fundamentally contested concept, and that discourses on fragmentation are therefore necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Quebec (APDQ). (Series: Hart Monographs in Transnational and International Law - Vol. 7)

Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of theirincreasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

"

The new security challenges that have arisen as a result of the rise in prominence of global terrorism have presented the European Union with a unique opportunity to rebrand itself as dominant force on the international stage. Traditionally viewed as a weak actor, it efforts to promote intelligence-sharing and by instituting wide-ranging cooperation between national police forces have ensured that the EU is well-placed to combat the challenges posed by global terrorism and have given it renewed vigour as an international actor. Through contributions from experts on the EU and global security, this book discusses the measures taken by the European Union to counter terrorism at a both national and global level as well as drawing wider conclusions on the nature and success of the confederation as an international security actor focusing specifically on JHA policy. This volume provides an original and much needed contribution to the literature on EU security governance at the global level.

In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed.
As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation.
Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.

This book provides an overview of the legal systems of a selection of Pacific Island countries. It gives a general outline of each system, with emphasis on particularities and matters of current special interest, such as climate change and the environment. It offers easy reference and information about where to find more information on specific aspects of the legal system in each of those jurisdictions. With no new books written on these legal systems, namely the Cook Islands, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, Niue, Papua New Guinea, Pitcairn, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Wallis and Futuna, for nearly 30 years, Legal Systems of the Pacific fills a gap in the literature and offers an 'insider' perspective on the legal system, with the majority of authors being indigenous or long-term residents of the countries in question.

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?

Fair Trade In CSR Strategy of Global Retailers shows how retailers can improve the success of their fair trade strategy. Using Polish market research, the authors analyze the aggressive and detrimental competition between retailers such as Ikea, and Tesco to emphasize the benefits of CSR strategy for stakeholders and society at large.

This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds."

In this groundbreaking study, Christopher Warren argues that early modern literary genres were deeply tied to debates about global legal order and that todayas international law owes many of its most basic suppositions to early modern literary culture. Literature and the Law of Nations shows how the separation of scholarship on law from scholarship on literature has limited the understanding of international law on both sides. Warren suggests that both literary and legal scholars have tacitly accepted tendentious but politically consequential assumptions about whether international law is areala law. Literature and the Law of Nations recognizes the specific nature of early modern international law by showing how major writers of the English Renaissance-including Shakespeare, Milton, and Hobbes-deployed genres like epic, tragedy, comedy, tragicomedy, and history to shore up the canonical subjects and objects of modern international law. Warren demonstrates how Renaissance literary genres informed modern categories like public international law, private international law, international legal personality, and human rights. Students and scholars of Renaissance literature, intellectual history, the history of international law, and the history of political thought will find in Literature and the Law of Nations a rich interdisciplinary argument that challenges the usual accounts by charting a new literary history of international law.

Developing CDM Projects in the Western Balkans: Legal and Technical Issues Compared, arises from the professional practical experience gained by an interdisciplinary team of legal and technical experts acting in the framework of the environmental bilateral cooperation performed by the Italian Ministry for the Environment, Land and Sea in the Western Balkan countries, through the "Task Force for Central and Eastern Europe."

The added value of the book consists in the fact that it jointly presents the real professional experience gained by a multi sectoral team of lawyers, economists, engineers and other technical experts, working in synergy with a shared vision.

This volume will be useful not only to those specifically interested in the Western Balkan area, but represents a broader example of lessons learned in the development of CDM projects. Therefore, it may have a broad market among Government officials and legal-economic-technical professionals dealing with climate change issues as well as academics developing scientific research in this field.

On the occasion of the twenty-fifth anniversary of the Netherlands Institute of International Relations 'Clingendael' The Netherlands Institute of International Affairs 'Clingendael' celebrates its 25th anniversary in 2008. This is not only a reason to look in retrospect, but also to look into the future. In this book, research fellows from the Institute shed some light on the near future regarding their research topics. Various themes in the field of Diplomacy, European integration, Security, and Energy are dealt with. In the tradition of the Clingendael Institute, being a policy-relevant think-tank, the different contributions to this book are not hypothetical foresights written from an ivory tower, but thought-provoking, policy-oriented chapters that will be relevant to anyone interested in international relations. Prof. Dr Jaap de Zwaan is Director of the Clingendael Institute, Dr Edwin Bakker is Head of the Clingendael Security and Conflict Programme, Sico van der Meer MA is a Research Fellow in the Clingendael Security and Conflict Programme.

Since "Emer de Vattel s" (1714-1767) pioneerering work on the importance of the protection of cultural property in the interests of mankind and human society, international law has broadened the scope and strengthened protection in these areas. However, it is the work of "UNESCO" and it s original mission of producing international instruments that has, in recent years, enhanced the protection and safeguarding of various types of cultural heritage. Providing an overview of the seven Conventions with the two Protocols adopted by "UNESCO" and "UNIDROIT," this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries. This is the publication of the reports presented at the First Intersessional Thematic Congress of the International Academy of Comparative Law in November 2008.

This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.

What sets the tax treatment of the international civil servants apart are the legal considerations derived from public international law. Often the matter is approached from the perspective of privileges and immunities. However, when regarded as a concern with the equal pay for equal work it boils down to employment conditions that need to be satisfied by international organisations due to the peculiar legal setting in which international civil servants discharge their duties. By adding a perspective from the jurisprudence of international (administrative) tribunals to the current scholarship, the present study - the first of its kind - purports to contribute to a better understanding of the matter of taxation of the salary, emoluments and pensions of employees of international organizations.

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.

Ballast water management is a complex subject with many issues and still limited knowledge, however, it is building up on new scientific researches and practical experience. The Ballast Water Management Convention is the global legal framework which still needs to be implemented. This book brings together a long-term and newest experience from practical work, scientific research, administration and policy involvements, offering unique insights to readers who would like to learn more about this subject. It also provides recommendations and practical solutions especially important for professionals, administrations and organizations in the process of the implementation of this Ballast Water Management Convention.