This superb introduction to NATO is written for the national security novice, yet is full of insights for the more seasoned hand interested in how and why NATO reached its current state. In the more than half-century since NATO was founded, there has been endless debate about its purpose, about whether it is meeting that purpose, and about the strategies it employs to that end. Speculation has also been rife about the organization's "imminent demise." Those questions and more are the subject of NATO: A Guide to the Issues. Covering the organization from its founding in 1949 through the present, the guide examines aspects of NATO that have undergone tremendous change over the years, including its purpose, military mission, geographic concept of operations, and membership. At the same time, it explores key aspects of NATO's organization that have remained constant. These include the ability of members to participate in operations as much or as little as they desire, decision-making by consensus, and a general belief that people from different countries working together on a daily basis promotes cooperation, understanding, and friendship. Illustrations Maps A chronology

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature.

In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

In Europe and throughout the world, competence in English is spreading at a speed never achieved by any language in human history. This apparently irresistible growing dominance of English is frequently perceived and sometimes indignantly denounced as being grossly unjust. Linguistic Justice for Europe and for the World starts off arguing that the dissemination of competence in a common lingua franca is a process to be welcomed and accelerated, most fundamentally because it provides the struggle for greater justice in Europe and in the world with an essential weapon: a cheap medium of communication and of mobilization.
However, the resulting linguistic situation can plausibly be regarded as unjust in three distinct senses. Firstly, the adoption of one natural language as the lingua franca implies that its native speakers are getting a free ride by benefiting costlessly from the learning effort of others. Secondly, they gain greater opportunities as a result of competence in their native language becoming a more valuable asset. And thirdly the privilege systematically given to one language fails to show equal respect for the various languages with which different portions of the population concerned identify. Linguistic Justice for Europe and for the World spells out the corresponding interpretations of linguistic justice as cooperative justice, distributive justice and parity of esteem, respectively. And it discusses systematically a wide range of policies that might help achieve linguistic justice in these three senses, from a linguistic tax on Anglophone countries to the banning of dubbing or the linguistic territoriality principle.
Against this background, the book argues that linguistic diversity is not valuable in itself but it will nonetheless need to be protected as a by-product of the pursuit of linguistic diversity as parity of esteem.

With the advent of globalization--where corporate organizations and the commercial relations that accompany them are argued to be becoming increasingly transnational--the locus of powers, authorities, and responsibilities has shifted to the global level. The nation-state arena is losing its capacity to regulate and control commercial processes and practices as a transformational logic kicks-in, associated with new forms of global rule-making and governance. It is this new arena of global rule-making that can be considered as a surrogate form of global constitutionalization, or "quasi-constitutionalization." But as might be expected, this surrogate process of constitutionalization is not a coherent system or set of rounded outcomes but full of contradictory half-finished currents and projects: an "assemblage" of many disparate advances and often directionless moves--almost an accidental coming together of elements. It is this assemblage that is to be investigated and unbundled by the analysis of the book.
The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level. It analyzes how we should characterize the process that has seen the international corporate arena increasingly subject to juridical and constitutional-like regulatory initiatives and interventions and whether this amounts to a new attempt to subject international commercial relations to the "rule of law" and, indeed, to rule the world through these very means.

The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.

This book explores the history and agendas of the Young Men's Christian Association (YMCA) through its activities in South Asia. Focusing on interactions between American 'Y' workers and the local population, representatives of the British colonial state, and a host of international actors, it assesses their impact on the making of modern India. In turn, it shows how the knowledge and experience acquired by the Y in South Asia had a significant impact on US foreign policy, diplomacy and development programs in the region from the mid-1940s. Exploring the 'secular' projects launched by the YMCA such as new forms of sport, philanthropic efforts and educational endeavours, The YMCA in Late Colonial India addresses broader issues about the persistent role of religion in global modernization processes, the accumulation of American soft power in Asia, and the entanglement of American imperialism with other colonial empires. It provides an unusually rich case study to explore how 'global civil society' emerged in the late 19th and early 20th centuries, how it related to the prevailing imperial world order, and how cultural specificities affected the ways in which it unfolded. Offering fresh perspectives on the historical trajectories of America's 'moral empire', Christian internationalism and the history of international organizations more broadly, this book also gives an insight into the history of South Asia during an age of colonial reformism and decolonization. It shows how international actors contributed to the shaping of South Asia's modernity at this crucial point, and left a lasting legacy in the region.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.

The basics of international criminal law, how it is actually enforced, and the arguments it has provoked are all introduced in a book that is as current as the headline news. International Crime and Punishment: A Guide to the Issues explores the many facets of this relatively new field of criminal law, an autonomous branch of law that concerns international crimes and the systems set up to handle individuals who are accused of committing them. As the author explains, international crimes include crimes against humanity, crimes against peace, war crimes, trafficking in human beings, drug trafficking, money laundering, arms trafficking, and smuggling of cultural artifacts. The laws may seem straightforward, but the system is not without controversy. As the author shows, the United States has opposed certain actions of the International Criminal Court, while other countries have objected to U.S. plans to refer persons accused of terrorism to military tribunals. Clearly and cogently, this work introduces the principles of international criminal law, its enforcement, and the conflicts that have arisen as a result. Journalists, policymakers, students, and educated citizens will find the book an essential tool for unraveling today's news stories.

This book represents a unique endeavor to elucidate the story of Kosovo's unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo's right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo's state-formation and state-building processes. It explains how the EU's involvement as an 'internationally blended element' in Kosovo's efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.

This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

This book analyzes the state of global governance in the current geopolitical environment. It evaluates the main challenges and discusses potential opportunities for compromise in international cooperation. The book's analysis is based on the universal criteria of global political stability and the UN framework of sustainable development. By examining various global problems, including global economic inequality, legal and political aspects of access to resources, international trade, and climate change, as well as the attendant global economic and political confrontations between key global actors, the book identifies a growing crisis and the pressing need to transform the current system of global governance. In turn, it discusses various instruments, measures and international regulation mechanisms that can foster international cooperation in order to overcome global problems. Addressing a broad range of topics, e.g. the international environmental regime, global financial problems, issues in connection with the energy transition, and the role of BRICS countries in global governance, the book will appeal to scholars in international relations, economics and law, as well as policy-makers in government offices and international organizations.

Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.

What does an athlete do when she is not allowed to take the start of the Olympic finals because of a positive doping test or he is not allowed to compete at the Games for reasons of nationality? He or she brings the case before the ad hoc Division of the Court of Arbitration for Sport, an arbitral body first created on the occasion of the 1996 Games in Atlanta, which is present on site and resolves all disputes within 24 hours. Written by its former President, who teaches and practices international dispute resolution in Geneva, Switzerland, this book tells the story of the ad hoc Division from Atlanta to Sydney over Nagano. It gives an account of the cases resolved, discusses the Arbitration Rules, and explains the practical operation of the Division. It also reviews all the main arbitration law issues which the Division faces, including jurisdiction, arbitrability, due process, the choice and proof of the applicable substantive rules, the remedies against the award, as well as some sports law issues, such as field of play rules or strict liability for doping offenses.

This book contains papers presented at a high-level conference that was jointly organized by the Institute of Global Law, University College London and the Institute of International Law, Queen Mary, University of London. The chapters cover issues of State Responsibility before the following international judicial institutions: the International Court of Justice, The International Tribunal for the Law of the Sea, the World Trade Organization, United Nations Compensation Commission, International Centre for the Settlement of Investment Disputes, and International & Regional Human Rights Courts. Contributors include: H.E. Judge Dame Rosalyn Higgins D.B.E., Q.C., Emeritus Professor Ian Brownlie C.B.E.,Q.C., Professor Malcolm Shaw Q.C., Professor Maurice Mendelson Q.C., Professor Christopher Greenwood C.M.G., Q.C., Professor Guy Goodwin-Gill, Dr Matthew Craven, H.E. Judge Benedetto Conforti, Professor Malcolm Evans, Professor Dominic McGoldrick, Professor Gerhard Loibl and Dr Olufemi Elias.

This first volume of EtYIL focuses on issues concerning the developing world in general and (the Horn of) Africa - and Ethiopia - specifically. It argues that rebalancing the international law narrative to reflect Africa's legitimate interests is an urgent priority, and can only succeed through the fair representation of African countries in the creation and interpretation of international law.The book begins by reflecting on the ICJ's West African Cases and provides a unique perspective on decolonisation as a source of jus cogens and obligations erga omnes. This is followed by a comprehensive analysis of the reception of international law in the Ethiopian legal system, and of the potential implications of Ethiopia joining the WTO. The book then delves into such topical issues as the relationship between competition for natural resources and international investment law, the UN Global Goals and the fledgling international climate change regime, with particular emphasis on the Paris Climate Agreement and their implications for developing countries. Further issues include the Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial treaties and contemporary international watercourses law, as well as selected legal implications of the armed conflict in South Sudan. Gathering high-quality scholarship from diverse researchers, and examining a constellation of critical international law issues affecting developing countries, especially African countries, the book offers a unique resource.

EtYIL 2018 comes at a time when multilateralism and its underpinning norms of international law and institutions are under siege. At the same time, in 2018, Africa stood out for upholding multilateralism and international law. From the adoption of the Agreement establishing the African Continental Free Trade Area to the signing of peace agreements that brought to an end two decades of hostilities between Eritrea and Ethiopia, 2018 was indeed a remarkable year for international law in Africa. EtYIL 2018 covers some of these issues, including the Eritrea-Ethiopia Claims Commission decisions on jus ad bellum, jus in bello, evidentiary and procedural matters and the role of arbitration in upholding the international rule of law. Such new developments as the lifting of UN sanctions against Eritrea and the agreements signed between Eritrea and Ethiopia are also covered in this volume. The volume further devotes considerable attention to other legal issues including: the use and misuse of European patent law to the detriment of developing countries' interests, sharing transboundary resources, production sharing agreements on extractives , evolving rules governing economic relations between Africa and the European Union in the context of Brexit, contract-farming in the African cocoa and chocolate industry, the International Criminal Court and human rights law, and cyber-attacks and the role of international law in tackling them. These chapters, authored by experts from Africa, Asia, Europe and North America not only bring new and diverse voices to the international law discourse; they also contribute to EtYIL's overarching goal of contributing to the effort to rebalance the narrative of international law.

Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."

The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.

Although the European Court of Justice ruled in Bosman (1995) that professional sportsmen and sportswomen are free at the end of their contracts, they are still at the mercy of the clubs that employ them. Such pretexts as the "special nature" of sport publicly urged by such European eminences as Tony Blair and Gerhard Schroder have institutionalized the human trafficking of players, depriving them of basic rights guaranteed under all the laws enjoyed by Europeans. They may be well-paid as long as they are in the limelight, but they have no surety. They can be, and are, bought and sold repeatedly, each time returning profits to those who trade in their athletic prowess. In this searing indictment, Professor Blanpain underscores the demonstrable illegality of the current transfer system imposed by the International Federation of Football Associations (FIFA). He describes in detail the complex ramifications of FIFA's rules in the lives of players, clearly revealing how the fundamental rights of players to free movement and freedom of labour are systematically denied. He calls for the courts, from the European Court of Justice on down, to recognize this illegality and act to enforce the Bosman judgement. Professor Blanpain examines all the crucial legal issues involved. These include the following: the classification of sportsmen and sportswomen as "workers"; the nature of the contract between player and club; the legal capacity of minors to enter into an employment contract; the trade in foreign (frequently African and South American) players with no legal rights in Europe; disciplinary rules; training compensation fees; placement and status of players' agents; dispute resolution; and conflicts with competition law. An extensive array of documents, including the FIFA Transfer Regulations and material leading to the March 2001 agreement between FIFA and the European Commission, is included in a series of annexes.

This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma's achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either "one-way" or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.

Since unification, the Federal Republic of Germany has made vaunted efforts to make amends for the crimes of the Third Reich. Yet it remains the case that the demands for restitution by many countries that were occupied during the Second World War are unresolved, and recent demands from Greece and Poland have only reignited old debates. This book reconstructs the German occupation of Poland and Greece and gives a thorough accounting of these debates. Working from the perspective of international law, it deepens the scholarly discourse around the issue, clarifying the 'never-ending story' of German reparations policy and making a principled call for further action. A compilation of primary sources comprising 125 annotated key texts (512 pages) on the complexity of reparations discussions covering the period between 1941 and the end of 2017 is available for free on the Berghahn Books website, doi: 10.3167/9781800732575.dd.

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

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union's approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States' laws, which create barriers to trade and hinder the Union's economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union's smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.