Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn. Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike. Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science.

Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region. Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea. Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.

Inspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders. Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date. Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.

Inspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders. Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date. Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.

At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a "democratic entitlement" was then emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of a democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. This research review identifies the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent "democratic recession" in many regions of the world.

'Whereas the existing literature generally studies small-scale commons, this challenging book boldly - and successfully - engages in extrapolating this cooperation-based governance model to global resources. From democratic perspectives to institutional construction, its many contributions, written by prominent scholars in the field of commons or international law, critically introduce and renew the radical notion of commons and collective action by citizens, as vehicles for democratization, in global governance and international public law.' - Severine Dusollier, Sciences Po Law School, France 'Can we devise new systems of law and governance to support commons at the global level? This thoughtful collection of essays explores how we might address this vital challenge for humanity in the years ahead.' - David Bollier, Schumacher Center for a New Economics, US Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates. Featuring original contributions from renowned scholars across the globe and analysis of Elinor Ostrom's fundamental work, this interdisciplinary book is organized into three main areas of inquiry: the commons as vehicles for the democratization of global governance, the role played by commons-based institutions in global governance and a more normative interrogation around what international law ought to look like to support the commons. Provocative and critical ideas about the current system of global governance act as a stimulus to explore further research and activism in the commons. The first of its kind to offer a specific focus on the commons and global governance, this much-needed book will prove invaluable for academics in the humanities and social sciences including economists, political philosophers, political scientists and legal scholars. It will also appeal to policy-makers, concerned members of civil society and commons activists. Contributors include: M. Bauwens, M. Beerkens, C. Boonen, N. Brando, J. Brunnee, S. Cogolati, C. Crombez, P. Dardot, T. De Moor, H. De Schutter, O. De Schutter, M. Deleixhe, T.R. Eimer, M. Groff, R. Hagen, S. Karlsson-Vinkhuyzen, U. Mattei, P. Sauvetre, J. Wouters

The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation. Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. Walker

'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.' - Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations. With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law. With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.

As the Internet continues to alter our online world, the structure of copyright in its current form becomes inadequate and unfit for purpose. In this bold and persuasive work, Daniel Gervais argues that the international copyright system is in need of a root and branch rethink. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. This book's main objectives are to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform. Part I of the book is thus diagnostic in nature, Part II offers detailed and concrete pathways to improve the current system, whilst in the Epilogue, a clear path to revise the Berne Convention is proposed. Contributing a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest, this book will be required reading for all copyright scholars and practitioners with an interest in the future direction of the field.

Written by one of the world's leading academics in the field of the law of international organizations, this book provides what it claims to offer. It is an introduction as it gives in a nutshell an easy-to-read general overview. It is advanced in the sense that it is written on the basis of profound knowledge of the field, and it has an excellent bibliography for those who want more. Like Rembrandt in his later works, Jan Klabbers is painting with broad strokes, in his own style, providing those who are not experts in the field a modern framework for better understanding international organizations and their law.' - Niels Blokker, Leiden University, the Netherlands'International organizations are a major factor in world affairs and in all areas of human collaboration. This book is a valuable resource next to existing textbooks and treatises on international institutional law. It offers a concise and engaging account of the role of international organisations and, in clear language, sets out what is the legal framework for their manifold activities and political operations. Great reading, and the essential introduction to international organisations as political and legal actors in the world today.' - Catherine Broelmann, University of Amsterdam, the Netherlands 'This book offers far more than an introduction - even an advanced one. It is an essential tool for the understanding of, and further research on, international organizations. It is full of insight and original analysis.' - Marc Weller, University of Cambridge and Lauterpacht Centre for International Law, UK 'This book provides an excellent introduction to the law of international organizations, with a succinct and up-to-date analysis of the law. It is a very welcome addition to the literature on the subject and is by an established author in the field. It places the law in a wider political context, making it an interesting book for readers interested in both international law and international relations. The content and the style of presentation make the book accessible for readers at both introductory and advanced level.' - Surya Subedi, University of Leeds, UK and the UN Special Rapporteur for Human Rights in Cambodia Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This highly readable introduction gives a nuanced overview of the legal mechanisms behind the operation of international organizations such as the UN, the EU and the World Bank. It offers perceptive insights by placing the law of international organizations in a political context and presents a systematic discussion of a variety of relevant legal notions, ranging from the powers of international organizations to mechanisms of accountability. Written by a leading authority on the topic, it provides a concise and accessible examination of this developing facet of international law. Key features include: - Well-written and clearly organized arguments - Up-to-date with the latest developments - A focus on the bigger picture, rather than any one detail - Discusses law in a global context.

This incisive book provides an extensive analysis of the robust array of international law applicable across the spectrum of international conflict and security. With a particular focus on new and emerging technologies and domains such as cyber and outer space, Laurie Blank illustrates how international conflict and security law applies to 21st century challenges. From conflict prevention to the use of force, the law of armed conflict to transitional justice, this book offers an in-depth examination of how these legal frameworks address the most fundamental questions for security at the human, national and international levels: how to prevent and reduce escalation of conflict; how to protect States, their territory and their core national interests; how to protect individuals and their rights; how to maintain and restore international peace; how to resolve conflicts; and how to promote justice and reconciliation after conflict. Overall, the book creates a multifaceted and insightful picture of how the international legal system functions as a comprehensive - if still sometimes fractured - framework. International Conflict and Security Law will be essential reading for both graduate and undergraduate students studying security policy, international law, conflict resolution and armed conflict. It will also provide a well-rounded exploration of the field as a whole for policy makers, practitioners and academics.

Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development. Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.

Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity. This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.

Through original and incisive contributions from leading scholars, this book applies economics and other rational choice methods to understanding public international law, providing a birds-eye view on some of its most fundamental elements from the perspective of economics. The chapters cover a range of topics, beginning with the building blocks of the nation state, and continuing with the sources and the enforcement of international law and its various applications and extensions. The application of economic analysis to public international law is still in its formative stages, and Economic Analysis of International Law provides a useful overview, as well as setting directions for new research. This volume provides a path through recent literature while identifying new areas and issues for research, making it an invaluable resource for scholars of public international law. Contributors include: A. Bell, T. Broude, B.L. Coggins, T. Ginsburg, A. Guzman, I. Kala, E. Kontorovich, J.D. Morrow, F. Parisi, D. Pi, E. Spolaore, P.B. Stephan, A. van Aaken

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory. The Harmonisation of National Legal Systems gives an in-depth insight into the fundamental aspects of harmonisation, including the world of free trade, recognition of human rights and open socio-political systems. Two distinct models for the effective harmonisation of legal systems are explored: a general model and a specific model. The general model relates to minor formal changes introduced in the domestic sphere, while the specific model relates to significant and/or constitutional changes that would be necessitated in domestic law. These models allow for the effective implementation of harmonised legal norms in national spheres. The author examines comparative and socio-legal factors, identifies how the factors are modifiable and creates examples for the movement from theory to practice. Academics, researchers and advanced students of international, European and comparative law will find this an excellent point of reference due to the extensive exploration of the potential of harmonisation theory.

Crimes associated with the illegal trade in wildlife, timber and fish stocks, and pollutants and waste have become increasingly transnational, organized and serious. They warrant attention because of their environmental consequences, their human toll, their impact on the rule of law and good governance, and their links with violence, corruption and a range of cross-over crimes. This ground-breaking, multi-disciplinary Handbook examines key transnational environmental crime sectors and explores its most significant conceptual, operational and enforcement challenges. Bringing together leading scholars and practitioners, this book presents in-depth analysis based on extensive academic research and operational and enforcement expertise. The sectors covered include illegal wildlife, timber, pollutant and waste trades and crimes in the carbon market. The contextual chapters examine criminal networks and illicit chains of custody, local sociocultural, economic and political factors, the effectiveness of policy and operational responses, and international jurisdictional challenges. This Handbook will be an invaluable resource for students and scholars of global environmental politics, international environmental law, and environmental criminology as well as for regulatory and enforcement practitioners working to meet the challenges of transnational environmental crime. Contributors include: J. Ayling, L. Bisschop, G. Broussard, A. Cardesa-Salzmann, M. Cassidy, D.W.S. Challender, E. Clark, M.A. Clemente Munoz, E. de Coning, R. Duffy, L. Elliott, C. Gibbs, D. Humphreys, Y. Jia, N. Liu, D.C. MacMillan, C. Middleton, R. Ogden, G. Pink, G. Rose, V. Sacre, S. Saydan, W.H. Schaedla, S. Sinha, V. Somboon, T. Terekhova, E. van Asch, T. Wyatt

The human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead. In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.

'A fascinating collection of essays that reveal the multiple facets of lawmaking in an increasingly interconnected world. In addition to the role played by States, numerous institutional and judicial actors now contribute to lawmaking. In charting these developments, this book provides a rich analytical appraisal of the manifold normative processes in the contemporary international legal order.' - Laurence Boisson de Chazournes, University of Geneva, SwitzerlandThe global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The Editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives. Contributors: M.S. Barr, B.I. Bonafe, C. Broelmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E. Footer, G.I. Hernandez, J. Kammerhofer, O. McIntyre, P. Palchetti, D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M. Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev, I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. Woodward

'This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.' - Anne Orford, Melbourne Law School, Australia 'Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.' - Benedict Kingsbury, New York University, School of Law, US Concepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline. This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life. Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read. Contributors include: P. Allott, A. Anghie, A. Bianchi, L. Bonadiman, F.L. Bordin, C. Broelmann, B. Cali, P. Capps, H. Charlesworth, J.K. Cogan, H.G. Cohen, R. Collins, J. d'Aspremont, M. Goldmann, G. Gordon, J. Haskell, K.J. Heller, G.I. Hernandez, F. Hoffmann, D.B. Hollis, O.U. Ince, V. Jeutner, F. Johns, O. Kessler, J. Klabbers, R. Knox, N. Krisch, V. Kumar, M.M. Mbengue, F. Megret, T. Meyer, C.A. Miles, S. Moyn, S. Neff, J. Nijman, A. Nollkaemper, U. OEszu, A. Peters, M. Prost, Y. Radi, N.M. Rajkovic, A. Rasulov, W. Rech, F.D. Reis, C. Ryngaert, P. Schlag, I. Scobbie, M. Shahabuddin, G. Simpson, S. Singh, T. Skouteris, U. Soirila, T. Sparks, C.J. Tams, A.A.C. Trindade, N. Tzouvala, A. van Mulligen, I. Venzke, G. Verdirame, J. von Bernstorff, I. Wuerth

International Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges. The key features of this textbook include: A unitary - 'systemic' and 'realist-constructivist' theoretical illustration of international law, essential to an understanding of how international law works in practice and can, or should be changed A clear logical structure and thorough cross-referencing, for accessible, systemic and consistent learning Up-to-date bibliographies at the end of each chapter and academic commentary on the very latest cases, covering all aspects of international law. Insightful and topical, this textbook will be an invaluable teaching resource for students of law, political science, and international relations. 'Carlo Focarelli's textbook aims to achieve theoretical cohesiveness about international law as a system and yet at the same time emphasises the importance of state practice, not just the practice of courts but also diplomatic practice more widely. What is particularly welcome is the book's aim to familiarise readers outside Italy with international legal thinking and state practice from an important European country that for centuries has been a significant contributor to the discourse of international law. This unique approach reflects well the contemporary trend for studying international law from comparative perspectives and will make the book a valuable read for students interested in international law.' - Lauri Malksoo, University of Tartu, Estonia

The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China. Providing comprehensive and sophisticated analysis of current Chinese conflict of laws, the authors assess the actual judicial practice and case decisions. The book takes into account the historic, political and economic background of the subject matter, as well as relevant empirical evidence and data, especially recognizing the contribution of Chinese scholars in the field. It concludes that the Chinese conflicts system has entered into the stage of modernization and proposes policy to improve efficiency, prevent local protectionism, balance internationalization and nationalization, democratize legislative process and improve judicial training and judicial practice. This timely book is invaluable resource for academics and practitioners in private international law, conflict of laws, international law, international litigation, Chinese law, and international civil and commercial matters involving China.

This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations. The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which international organizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of International Organizations will be of particular interest to academics and graduate students in the fields of international law, international politics and international relations.