Thereis a considerable amount of literature onthe placewithin the European Com munity legalorderof international agreements concluded bythe European Commu nityaswellasthoseconcluded bythe Member States, 'andthisincludes thecase-law of the European Court of Justice (hereafter 'the Court'P on the matter. Similarly, muchhasbeenwritten ontherelationship between European Community lawandthe legalsystems oftheMemberStatesandontherelationship between international law andnational legalsystems. Incontrast, theplaceofnon-treaty international lawwith in the Community legal order has not been the subject of such extensive analysis, 1. See e. g., E. -V. Petersmann, 'Application of the GAlT bythe Courtof Justiceof the European Communities', 13 CMLRev. (1983)p. 397;T. Hartley, 'International Agreements andthe Community Le gal System: Some RecentDevelopments', 8 ELRev. (1983)p. 383; G. Bebr, 'AgreementsConcludedby the Community and their Possible Direct Effect: from International Fruit Company to Kupferberg', 20 CMLRev. (1983)p. 35;E. L. M. Volker, 'The DirectEffectofinternationalAgreements intheCommunity's LegalOrder', I LegalIssues ofEuropean Integration (1983)p. 131;1. Bourgeois, 'Effects ofinternation alAgreementson European Community Law: AreTheDiceCast?', 82Michigan LR(1984)p. 1250;1. Rid eau, 'Lesaccordsinternationaux danslajurisprudencede laCourde Justicedes Communautes europeen nes: Reflexionssur lesrelationsentrelesordresjuridiquesinternational, communautaire et nationaux',94 RGDIP (1990)p. 289;I. Cheyne, 'InternationalAgreements andthe European Community LegalSystem', 18ELRev. (1994)p. 581; L. Hancher, 'Constitutionalism, the Community Court and International Law', 25 NYIL (1994)p. 259; P. 1. Kuyper, 'The Community andStateSuccession in RespectofTreaties', in D. CurtinandT. Heukels, eds., Institutional Dynamics ofEuropean Integration: Essays in Honour ofH. G. Schermers (Dordrecht, MartinusNijhoff 1994)Vol. II, p. 640; J. M. Grimes, 'Conflicts Between EC Law andInternational TreatyObligations: ACaseStudyontheGermanTelecommunications Dispute', 35Har vardIU(1994) p. 535;C. Kaddous, 'L'arret Francec."

The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http: //www.germanlawjournal.com). We would like to express our sincere gratitude to the journal's editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.

The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.

International tax law: Offshore tax avoidance in South Africa provides a comprehensive analysis of some of the offshore tax-avoidance schemes employed by South African residents. The book offers a detailed and logical explanation of difficult international tax concepts, and critically analyses the effectiveness of South African legislation in curbing offshore tax-avoidance schemes. South African legislative provisions are compared with similar provisions in the United Kingdom and the United States of America, and international case law and tax treaty implications are thoroughly discussed. International tax law: Offshore tax avoidance in South Africa also addresses the recommendations of international organisations, such as the Organisation for Economic Co-operation and Development (OECD), which seek to prevent international tax avoidance. In this regard, the role of tax havens in encouraging international tax avoidance and the OECD initiatives to stifle their development are considered. The OECD's efforts to prevent base erosion and profit shifting are also examined.

In 1990, energy in the UK underwent a unique and fundamental transformation, with the privatization of the electricity supply industry. This is the first book to fully assess the experiment. It first explains how - and why - the British electricity supply industry was privatized. It then identifies the subsequent changes in electricity prices, profits, employment, investment, nuclear power and renewable, and the extent to which each of these was due solely to privatization or to other factors, or could have come about by reform of the previous model, rather than privatization. Finally, the authors analyse the key unresolved issues of regulation, introducing competition into the domestic energy market in 1998, supply security, and other long-term strategic considerations. Throughout, the distinguish between the uniquely British elements of the experience and those which can be drawn upon by other countries embarking upon similar reforms. Today, governments throughout the world are looking to the UK's experience as a potential prototype for the restructure of their own electricity supply industries. For them, and for electricity utilities, fuel and power plant suppliers, regulation authorities, financial analysts, international agencies, journalists and academics alike, this thorough and pragmatic study will be essential reading. 'This is likely to become the definitive book on the first six years of the great British electricity experiment' Walt Patterson The British Electricity Experiment is the result of a detailed study undertaken by the Energy Programme at the science Policy Research unit (SPRU). Professor John Surrey was head of SPR's Energy Programme between 1969 and 1986. He has worked with the central Electricity Generating Board, as a government Economic Adviser, and as a Specialist Adviser to numerous House of Commons Select Committee inquiries on energy matters. Originally published in 1996

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

Never before have people been so aware of the importance of sound environmental law, as every week stories of controversial planning developments and prosecutions for the release of toxic substances feature in the news. Environmental Law and Citizen Action sets out and explains the ways that ordinary citizens can use the law to ensure the environment is protected. There are a number of existing UK laws which require local authorities to control pollution and protect the environments and many more which can be used to tackle environmental offenders, yet often local government officers themselves are unaware of the full scope of their powers. Writing in a clear, accessible style, Alan Murdie explains how to get access to the relevant information, participate in public enquiries, use the courts to challenge public and government bodies and prosecute polluters. This book maps a path through the intricate legal maze to show what rights every citizen has, and how those rights can be enforced. Alan Murdie is a barrister with long-standing interest and involvement in local government issues, and a lecturer at Thames Valley University. He is co-author of To Pay or Not To Pay, a best-selling analysis of the poll tax debate, and has contributed to a wide range of legal and government periodicals. Originally published in 1993

The often bloody struggles of Central America have dominated news reports for a long time. Behind the headlines lies an enormous population of the desperately poor, and it is axiomatic that they are rendered even more powerless by widespread illiteracy. What actually counts as literacy is less clear. Archer and Costello describe some of the most exciting and innovative programmes designed to overcome the problem and how, as they worked with many of them, they discovered how varied and controversial they are. El Salvador, Nicaragua, Honduras, Ecuador, Mexico, Chile, Bolivia and Guatemala are all included, and for each country the authors have provided a thrilling account of the lives and circumstances of the people who both teach and learn as well as describing the varied forms that literacy teaching, even literacy itself, can take. This book is not only about literacy, but is also a guide to the societies of one of the world's most troubled regions. Originally published in 1990

In the last forty years, agriculture in the industrialised countries has undergone a revolution. That has dramatically increased yields, but it has also led to extensive rural depopulation; widespread degradation of the environment; contamination of food with agrochemicals and bacteria; more routine maltreatment of farm animals; and the undermining of Third World economies and livelihoods through unfair trading systems. Confronted by mounting evidence of environmental harm and social impacts, mainstream agronomistis and policy-makers have debatedly recognized the need for change. 'Sustainable agricultutre' has become the buzz phrase. But that can mean different things to different people. We have to ask: sustainable agriculture for whom? Whose interests are benefiting? And whose are suffering? At issue is the question of power - of who controls the land and what it produces. Most of the changes currently under discussion will actually strengthen the status quo and the underlying causes of the damage. The result will be greater intensification of farming, environmental destruction and inequality. There are no simple off-the-shelf alternatives to industrial agriculture. There are, however, groups throughout the world, who have contributed to this report and who are working together on a new approach. An agriculture that, in Wendell Berry's words, 'depletes neither soil nor people'. Originally published in 1992

TO ACCOMPANY A MAJOR ITV DOCUMENTARY We are poisoning our planet and destroying the lives of our children. In the west arguments rage over how much nuclear radiation and toxic dumping is safe, while children continue to breath filthy air and eat food full of pesticides. In the third World, over four million children die each year from drinking unclean water. Adults make the decisions but children pay the highest price. They are physically vulnerable and politically powerless. When the Bough Breaks... is about the world we are creating for our children. For too long we have used what we want from our planet now, refusing to think about the future. But it may still not be too late. The book sets out what must be done and describes how people throughout the world are uniting to clean up the mess we have made. Lloyd Timberlake is an internationally renowned environmental consultant and writer. Laura Thomas is well known for her work as a lobbyist for the successful campaigns for freedom of information and lead-free air. Originally published in 1990

This volume presents research on current trends in chemical regulations - a fa- growing, complex, and increasingly internationalized field. The book grew out from a multidisciplinary research project entitled 'Regulating Chemical Risks in the Baltic Sea Area: Science, Politics, and the Media', led by Michael Gilek at Soedertoern University, Sweden. This research project involved scholars and experts from natural as well as social sciences, based at Soedertoern University, Swedish Royal Institute of Technology (KTH), Karolinska Institutet, and Umea University. The project group organized a multidisciplinary research conference on chemical risk regulations, held in Stockholm, August 15-17, 2007. Most of the contributions published in this book were, in draft form, first presented at this conference. The conference, like the ensuing edited volume, expanded the geographical focus beyond the Baltic Sea area to include wider European, and to some extent also global trends. Many thanks to all project colleagues and conference participants! We are very grateful for the generous financial support received from The Foundation for Baltic and East European Studies (OEstersjoestiftelsen), The Swedish Research Council Formas, and from Soedertoern University. Without this support the present book would not have been possible. Special thanks to all of our fellow contributors, all of whom have submitted to- cal papers based on high-quality research. Many thanks also to Tobias Evers, who assisted us with technical editing. Finally, we are grateful for the professionalism shown by our editors at Springer.

A growing number of GHG emissions trading schemes are being implemented at regional or national levels. However, even as the number of different schemes grows, few linkages exist between them. Major cap-and-trade proposals are currently at important stages in their development, especially in the United States, Japan and Australia, some of which explicitly emphasize the aim of linking with other schemes. One of the strategic goals of European climate policy is linking the EU ETS with other comparable schemes. The research presented in this volume is on actual economic, political and institutional constraints and implications. It examines the role of linking trading schemes for the development of the post-Kyoto climate architecture and for increasing linkage between schemes. This essential research will be relevant to both the scientific community and for policymakers who are involved in the design of emerging trading schemes and offset mechanisms, as well as in designing the post Kyoto climate regime. This volume focuses specifically on: o Economic, institutional/regulatory and legal dimensions of linking o Implications of linking on the design of emerging trading schemes o The role of linking trading schemes for the development of the post-Kyoto climate regime

One of the main tasks of highest courts is the maintenance of legal coherency within the national legal system. Highest courts should also observe national legislation to be in conformity with the constitution and international treaties. In the internationalising world of today, societies and legal systems increasingly interact. This has consequences for highest national courts which also increasingly interact with each other. The authors in this book investigate the implications of these phenomena for theory and practice. As leading scholars and distinguished judges they offer a unique and unprecedented perspective on the issue of highest courts and globalisation. This book is therefore highly recommended to judges and practitioners in national and international courts, academics, parliamentarians and civil servants of national ministries of justice and the interior. Law of the Future Conferences 'Law of the Future' is the top level international and multidisciplinary conference series initiated by The Hague Institute for the Internationalisation of Law (HiiL). These conferences explore how law is changing and should change under the pressure of globalisation and internationalisation, and how the roles of international actors and stakeholders will or must change as a consequence. The 'Law of the Future' conference series bridges practice and academia. The Changing Role of Highest Courts in an Internationalising World was the theme of the October 2008 Law of the Future Conference, which was held in The Hague, The Netherlands.

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court 's contribution as one of the UN 's principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.

It is a great pleasure to welcome the new edition of the book written by Prof. Edward and Prof. Lane, which carries on the success of the earlier ones. This new edition contains a comprehensive and critical study of the European Union legal order, which explores in great detail the changes brought about by the Treaty of Lisbon. Bearing in mind the quality of its authors, it does not come as a surprise that this book is an outstanding piece of academic work. It is a classic which should belong to the library of all persons who are interested in EU law.' - Koen Lenaerts, Vice-President of the Court of Justice of the European Union, LuxembourgKey features of the book include: - Authoritative authorship combining the analysis of a senior academic with the experience of a former judge. - Comprehensive and wide-ranging in scope. - Structured specifically to reflect the Treaty of Lisbon reorientation and immediate post-Lisbon developments. - Extensive reference to primary sources (Treaties, legislation, case law) and to issues of national adaptation. A fully updated and expanded new edition of a classic text, this authoritative and wide-ranging volume provides expert analysis on the key issues across all areas of European Union law - including its constitutional, procedural and substantive aspects. In particular, coverage of the constitutional and procedural elements includes: historical background and development of the European Union; constitutional structure of the Union; the Treaties: interrelationship and fundamental (constitutional) rules; the institutional framework; jurisdiction of, and actions before, the Court of Justice; sources, principles and methods of Union law. Comprehensive coverage of the substantive law includes: basic rules; citizenship of the Union; the internal market; the four freedoms; competition; economic and monetary policy; social policy; environmental policy; commercial policy. Precise and rich in references to the primary materials of the Treaties, the principal legislation and the key case law of the Court of Justice, this highly detailed and comprehensive book will be an indispensable resource for all legal practitioners whose practice must take account of EU Law. Contents: Part I: The Origins and Development of the European Union 1. The History 2. The European Union: Structure and Basic Rules Part II: The Institutional Framework 3. The Political Institutions and Procedures 4. Other Bodies 5. The Court of Justice Part III: The Sources, Nature and Methods of European Union Law 6. Sources of Union Law Part IV: Substantive Law 7. The Principles 8. Non-Discrimination and Citizenship of the Union 9. Union Policies and Internal Actions: Introduction 10. The Free Movement of Goods 11. The Free Movement of Persons and Services 12. The Free Movement of Capital 13. Competition 14. Other Policies

The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons; the right to develop research, production and use of nuclear energy for peaceful purposes; and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context.

The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jurgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.

As demonstrated in New Orleans, the vast human and financial costs of natural and human-induced disasters are often needlessly high as a result of poor planning and response stemming from inadequate disaster policy. This new handbook, from two top global authorities in the field, shows how to construct a coherent, relevant and effective policy framework. It is a vital read for all disaster policy makers, planners, managers and governments. From the Asian tsunami to hurricanes Katrina and Rita to the recent earthquake in Pakistan, disasters both natural and human-induced are leading to spiralling costs in terms of human lives, the destruction of homes, businesses, public buildings and infrastructure and the resulting financial and human crises that inevitably follow in the wake of such catastrophes. Yet the failures in planning for, and responding to, such disasters can often be traced to poor disaster policies that are unsuited to the emerging scales of the problems they confront and the lack of institutional capacity to implement plans and manage disasters when they happen.This handbook, written by two top authorities on disaster policy and management, seeks to overcome this mismatch and to guide the examination and development of a policy and institutional framework and associated strategies. In particular, for the first time it brings together into a coherent framework the insights of public policy, institutional design and emergency and disaster management, stressing the cognate nature of policy and institutional challenges between disasters and sustainability. This is indispensable reading for all disaster planners, policy makers and managers across the world seeking to improve the quality, robustness and capacity of their disaster management.

In August 2008, long-standing tensions in the Caucasus region came to a head when Georgia dispatched troops into the de facto independent region of South Ossetia, with a view to re-establishing Georgian sovereignty over the area. In response, Russia launched a large-scale military intervention into the state of Georgia. Their use of force went beyond the boundaries of South Ossetia, into another breakaway region, Abkhazia, and also into Georgia Proper. In this volume, world-renowned scholars address multiple dimensions of that violent conflict and its aftermath, from the use of force to human rights and from transnational litigation to the use of international law 'rhetoric'. Drawing on a range of perspectives from International Law, as well as International Relations, the book probes the key issues arising from the particulars of the 2008 conflict and explores their wider implications for an international legal order based on the rule of law. This book is indispensable reading for all interested in the Euro-Asian region, and anyone searching for concrete examples with regard to the way that international law works today when inter-state conflicts erupt.

This is a collection of works which considers the many different facets of the EU's increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the 'pillar' structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of 'internal' security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.

The end of the Cold War has affected debates about maritime strategy, doctrine, operations and technology. This has led to an intellectual reconsideration of the theory and practice of maritime power. For the first time, this book addresses these themes in a systematic and overarching way, and brings together internationally renowned scholars in a single text. It considers the applicability of classical strategic thinking today as well as the evolution of contemporary doctrine. The analysis moves on to explore the impact of the changed international environment on maritime operations, and how emerging technological developments are shaping this process. Using the United Kingdom as a case-study, the volume concludes with an evaluation of how, in practical terms, the changing face of maritime power is influencing western navies.

Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.

The fight against terrorism is receiving increased awareness due to recent wor- wide large-scale terrorist acts, and only since then has some attention been directed specifically to victims of terrorism. Existing legal instruments of international b- ies like the European Union, the Council of Europe and the United Nations c- cerning victims of terrorism are relatively abstract or include victims of terrorism under the broader heading of victims of crime in general. In addition, policies and legislation relating to victims of crime or victims of terrorism vary widely on the domestic level. Against this background, the European Union commissioned a project that should aim to develop more extensive standards for the aid and ass- tance of victims of terrorism at the European level. This study provides the basis from which more extensive standards could be derived. The study focuses parti- larly on developing standards in the field of continuing assistance, access to justice, administration of justice and compensation to victims of terrorism. A novel feature of the approach is that also the possible utility of restorative justice approaches is examined. An important question to address was whether there is a real need to adopt s- cific standards for victims of terrorism, thereby implying that their needs might differ from victims of ordinary crime.

This volume contains the basic documents on the 'administration of justice', i.e., the law on disputes and disciplinary action, in the international sporting world. Included are the Statutes of the Court of Arbitration for Sport, its Rules for the resolution of Disputes during the Olympic Games and its Mediation Rules. The following categories of rules concerning the international Olympic Sports federations are reproduced in the relevant section: arbitral and disciplinary rules in the statutes, constitutions, bye-laws and general regulations; special arbitral and/or disciplinary rules and regulations; disciplinary rules that are embodied in the international competition regulations of the international federations; and disciplinary rules in the 'laws of the game' per sport. This collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law, and provides an invaluable source of reference for sports officials, legal practitioners and the academic world.

This book focuses on the legal and procedural problems caused by China’s default in the South China Sea Arbitration. Many of these problems arose because in several respects, China departed from the conduct of other defaulting States in cases before the International Court of Justice. The book argues that the Tribunal, confronted with the difficulties of maintaining the balance between two parties in a situation of default, drew on the full range of its powers to ensure that neither China nor the Philippines would suffer from China’s default. Further, the book describes the shortcomings of the submissions of putative amicus curiae. It refutes China’s questioning of the independence and impartiality of the experts and of the judges. In so doing, it explains the expert opinions and the Tribunal’s assessments of the latter in the areas of satellite imagery, coral reef ecology, and navigational safety, while rebutting the halftruths and counter-truths disseminated by Chinese scholars about the proceedings. The book compares China’s threats to the independence of the Tribunal to its behavior towards Chinese judges. It places China’s accusations of bias against the Tribunal in the context of China’s domestic situation, and concludes that the Tribunal, acting independently and impartially, was able to perform the judicial function, despite China’s default.