America and the Law of Nations 1776-1939 is a unique exploration of the ways in which Americans have perceived, applied, advanced, and frustrated international law. It demonstrates the varieties and continuities of America's approaches to international law. The book begins with the important role the law of nations played for founders like Jefferson and Madison in framing the Declaration of Independence and the Constitution. It then discusses the intellectual contributions to international law made by leaders in the New Republic -Kent and Wheaton- and the place of international law in the 19th century judgments of Marshall, Story, and Taney. The book goes on to examine the contributions of American utopians -Dodge, Worcester, Ladd, Burritt, and Carnegie- to the establishment of the League of Nations, the World Court, the International Law Association and the American Society of International Law. It finishes with an analysis of the wavering support to international law given by Woodrow Wilson and the emergence of a new American isolationism following the disappointment of World War I.
For anyone who hopes to understand the important place of international law in America and the complex role of America in the development of international law, America and the Law of Nations 1776-1939 is a crucial read.

For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.

The book analyses how subsequent agreements and subsequent practice as defined in articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties have been applied in interpretative reality. Based on the jurisprudence of domestic courts, it elucidates the distribution of power between the parties to a treaty and other actors. To start with, the book traces the origins of subsequent agreements and subsequent practice and places them in their broader legal context. Next, it explores the legal status and effects of subsequent agreements and subsequent practice, explains why such agreements are only rarely used, and defines the relevance of non-party practice in the interpretative process. In closing, it critically examines how domestic courts have approached the normative heart of subsequent practice, i.e. the notion of 'agreement'. Thus, this book ultimately challenges the traditional assumption that the parties are the joint masters of the treaty.

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science. These aspects were analysed in a research project funded by the German Research Foundation. The book 's purpose is to present the jurisprudential results. In addition, empirical results are collected in a freely available database. The study is composed of 5 parts: The Concept of Science/Global Administrative Law/Constitutional Basis: The Freedom of Science/Institutional Design/Governance Mechanisms.

This third volume of the book series on Nuclear Non-Proliferation in International Law focuses on the development and use of nuclear energy for peaceful purposes within a contemporary global context, an interdependent characteristic of the Non-Proliferation Treaty along with disarmament and non-proliferation. The scholarly contributions in this volume explore this interrelationship, considering the role of nation States as well as international organizations such as the International Atomic Energy Agency (IAEA) in monitoring and implementing the Treaty. The 2015 Nuclear Accord with Iran and its implementation is also discussed, highlighting relevant developments in this evolving area. Overall, the volume explores relevant issues, ultimately presenting a number of suggestions for international cooperation in this sensitive field where political discussion often dominates over legal analysis. The important tasks of limiting the proliferation of nuclear weapons, ensuring the safety and security of peaceful uses of nuclear energy, and achieving nuclear disarmament under strict and effective international control, calls for the interpretation and application of international legal principles and rules in their relevant context, a task that this book series endeavours to facilitate whilst presenting new information and evaluating current developments in this area of international law. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at Robson Hall, Faculty of Law, University of Manitoba; a Barrister at One Garden Court, London; a Magistrate in Oxfordshire; a Justice of the Peace for England & Wales; a Member of Wolfson College, University of Oxford; and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students.

The Yearbook on Space Policy is the reference publication analyzing 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 Yearbook on Space Policy is edited by the European Space Policy Institute (ESPI) based in Vienna, Austria. It combines in-house research and contributions of members of the European Space Policy Research and Academic Network (ESPRAN), coordinated by ESPI. 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.

Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.
Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.
Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.

The challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework.

This book examines the concept of 'development' from alternative perspectives and analyzes how different approaches influence law. 'Sustainable development' focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to 'integral human development' - a concept found in ethics. 'Development' can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to 'development' and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.

This book is based on an initiative made by the European Space Policy Institute, the European Centre for Space Law and the German Aerospace Center. Students and young professionals worlwide were invited to submit a paper on this topic analyzing and discussing relevant aspects on either environment, economy, security, licencing, or control. The best papers have been included in this volume.

Over the last century, international courts, once reserved for arcane matters of diplomacy and trade, have begun to address a broad range of human experience and activity. This volume corrects some of the common misperceptions about international judges, while providing a balanced introduction to both the strengths and shortcomings of their work. As they rule on crucial issues of war and peace, human rights, and trade, in addition to high-profile criminal trials, international judges are playing a critical role in developments that will affect world affairs for years to come. Based on interviews with more than 30 international judges, this volume is the first comprehensive portrait of the men and women in this new global profession. The working environment of international judges is closely examined in courts around the world, highlighting the challenge of carrying out work in multiple languages, in the context of intricate bureaucratic hierarchies, and with a necessary interdependence between judges and their courts' administration. Arguing that international judges have to balance their responsibilities as interpreters of the law and as global professionals, the authors discuss the challenges of working in the fluid circumstances of international courts. Profiles of five individual judges provide insight into the experience and dilemmas of the men and women on the international bench.

We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.

EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

Truth commission recommendations are critical to their legacies, yet there is little research examining their fates. Based on fieldwork that is unprecedented in scope, this double volume project provides the first systematic study of the formulation and implementation of the recommendations of thirteen Latin American truth commissions. Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression. Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1985 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided - or obstructed - the implementation process.

This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

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.

Under the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays.

This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights. Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation. Providing an impetus for further research on femicide, particularly on state responsibility for crimes committed by private actors, this book will be a crucial resource for academics in human rights and humanitarian law, criminal law and justice. The book will also be highly valuable to activists, practitioners, and lawyers with an interest in advancing aspects of femicide in international human rights law.

NL ARMS 2016 offers a collection of studies on the interrelatedness of safety and security in military organizations so as to anticipate or even prepare for dire situations. The volume contains a wide spectrum of contributions on organizing for safety and security in a military context that are theoretically as well as empirically relevant. Theoretically, the contributions draw upon international security studies, safety science and organizational studies. Empirically, case studies address the reality of safety and security in national crisis management, logistics and unconventional warfare, focusing, amongst others, on rule of law during missions in which expeditionary military forces are involved in policing tasks to restore and reinforce safety and security and on the impact of rule of law on societal security. The result is a truly unique volume that may serve practitioners, policymakers and academics in gaining a better understanding of organizing for the security-safety nexus.

Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based regulation of these laws' implementation has led to greater invasions of personal privacy.
This study attempts to provide a way forward for China to address the ever-increasing concerns about the protection of privacy and puts forward a legislative model for protection.
This is achieved after a thorough analysis of the threats to privacy protection in China, a critical evaluation of the level of current privacy protection in China, and an analysis of the privacy laws in a series of developed nations based on common law and civil law.

This fiftieth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court from 2009-2010. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series: http://www.annotatedleadingcases.com/about.aspx.

This volume analyses the Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting, adopted by a recorded vote of 107 for, 13 against, with 13 abstentions by the United Nations General Assembly on December 10, 1982, and proposes revisions which would lead to future consideration and adoption, by consensus of these Principles. These include, inter alia, a legal definition of international direct television broadcasting by satellite (IDTBS) to match the inherently global potential of the technology, encompassing the international legal concepts of a new world education, information and communication order (NWEICO) and the common heritage, interest and benefit of all mankind (CHM). Finally, extensive Appendixes provide the reader with comprehensive United Nations documentation concerning the consideration by the U.N. of the subject of international direct television broadcasting by satellite and the elaboration and adoption by the United Nations of the above mentioned Principles. Dr M. LeSueur Stewart, who is a member of the California and Massachusetts Bars, has worked not only as Attorney with an American television network but also as producer and host of a public affairs radio talk program.

This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. The first section of the book provides an overview of developments in data protection in different parts of the world. The second section focuses on one of the most captivating innovations of the data protection package: how to forget, and the right to be forgotten in a digital world. The third section presents studies on a recurring, and still important and much disputed, theme of the Computers, Privacy and Data Protection (CPDP) conferences : the surveillance, control and steering of individuals and groups of people and the increasing number of performing tools (data mining, profiling, convergence) to achieve those objectives. This part is illustrated by examples from the domain of law enforcement and smart surveillance. The book concludes with five chapters that advance our understanding of the changing nature of privacy (concerns) and data protection.