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This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author's experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.
This book provides a concise account of the principles and norms of international law applicable to the main-type of international organisation - the inter-governmental organisation (IGO). That law consists of principles and rules found in the founding documents of IGOs along with applicable principles and rules of international law. The book also identifies and analyses the law produced by IGOs, applied by them and, occasionally, enforced by them. There is a concentration upon the United Nations, as the paradigmatic IGO, not only upon the UN organisation headquartered in New York, but on other IGOs in the UN system (the specialised agencies such as the World Health Organisation). -- .
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.
Cities around the globe struggle to create better and more equitable access to important destinations and services, all the while reducing the energy consumption and environmental impacts of mobility. An Introduction to Sustainable Transportation illustrates a new planning paradigm for sustainable transportation through case studies from around the world with hundreds of valuable resources and references, color photos, graphics and tables. The second edition builds and expands upon the highly acclaimed first edition, with new chapters on urban design and urban, regional and intercity public transportation, as well as expanded chapters on automobile dependence and equity issues; automobile cities and the car culture; the history of sustainable and unsustainable transportation; the interrelatedness of technologies, infrastructure energy and functionalities; and public policy and public participation and exemplary places, people and programs around the globe. Among the many valuable additions are discussions of autonomous vehicles (AVs), electric vehicles (EVs), airport cities, urban fabrics, urban heat island effects and mobility as a service (MaaS). New case studies show global exemplars of sustainable transportation, including several from Asia, a case study of participative and deliberative public involvement, as well as one describing life in the Vauban ecologically planned community of Freiburg, Germany. Students in affiliated sustainability disciplines, planners, policymakers and concerned citizens will find many provides practical techniques to innovate and transform transportation.
Gives the reader a detailed account of how cyber-security in Switzerland has evolved over the years, using official documents and a considerable amount of inside knowledge. It focuses on key ideas, institutional arrangements, on the publication of strategy papers, and importantly, on processes leading up to these strategy documents. The peculiarities of the Swiss political system, which influence the way cyber-security can be designed and practiced in Switzerland are considered, as well as the bigger, global influences and driving factors that shaped the Swiss approach to cyber-security. It shows that throughout the years, the most important influence on the Swiss policy-approach was the international level, or rather the developments of a cyber-security policy in other states. Even though many of the basic ideas about information-sharing and public-private partnerships were influenced by (amongst others) the US approach to critical infrastructure protection, the peculiarities of the Swiss political system has led to a particular "Swiss solution", which is based on the federalist structures and subsidiary principles, characterized by stability and resilience to external shocks in the form of cyber-incidents. Cybersecurity in Switzerland will be a stimulating read for anybody interested in cyber-security policy, including students, researchers, analysts and policy makers. It contains not only specific material on an interesting case, but also a wealth of background information on different variations of cyber-security, as well as on information-sharing and public-private partnerships.
The jurisprudential conception of effective control is rooted in outmoded conc- tions of hierarchical organizational structure. By extension, the current template for evaluating effective control poses an increasing risk that culpable commanders will escape liability by exploiting the lacunae in current case law. This article p- poses that jurists should analyze command/superior responsibility cases with full cognizance of modern command and control theory in order to sustain its viability as a practical prosecutorial tool to regulate the crimes committed by loosely knit groups and non-state actors conducting atrocities in chaotic circumstances. The Composite Theory proposed herein would support liability for the acts of subor- nates on the theory that commanders who field fighting organizations without the proper methods for enforcing compliance with the laws and customs of war - sume the risk of criminal sanction where criminal violations occur by their sub- dinates, regardless of the nature of the organization. Despite its broad acceptance and frequent regurgitation in jurisprudence, the doctrine of effective control drawn from the essence of the leader's authority is increasingly inapplicable to non-state actors who conduct hostilities in non-tra- tional conflicts. The independent emergence of the principle that the commander's orders operate with the force of law to limit the application of violence in widely disparate cultures and historical periods suggests that it is more than just a legal technicality, but instead is fundamental to the nature of warfare itself.
This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights for all without distinction as to race. In 1950, a California court applied the Charters human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to self-executing treaties. Under the modern rule, state governments are allowed to violate national treaty obligationsincluding international human rights obligationsthat are embodied in non-self-executing treaties.
The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.
How could privacy play a key role in protecting digital identities? How could we merge privacy law, policies, regulations and technologies to protect our digital identities in the context of connected devices and distributed systems? In this book, the author addresses major issues of identity protection and proposes a service-oriented layered framework to achieve interoperability of privacy and secure distributed systems. The framework is intended to distill privacy-related digital identity requirements (business interoperability) into a set of services, which in turn can be implemented on the basis of open standards (technical interoperability). The adoption of the proposed framework in security projects and initiatives would decrease complexities and foster understanding and collaborations between business and technical stakeholders. This work is a step toward implementing the author's vision of delivering cyber security as a set of autonomous multi-platform hosted services that should be available upon user request and on a pay-per-use basis.
INTRODUCTION The subject matter of this book is certainly familiar to all continental, civil law and Islamic law scholars engaged in the study of trusts and related legal concepts. International lawyers are also not strangers to the trust vehicle, given that the European empires of the early twentieth century were built on it until the demise of decolonisation in the mid to late 1960s. The semantics of the trust notion reveal essentially the lack of trust thereof! Indeed, the presence of the most important player in the tripartite trust fund relationship is the trustee, because without the trust bestowed upon him by the settlor (or donor), the latter can never be sure that the assets pertaining to the trust fund will be received by a future bene- ciary in exactly the same manner as intended by the settlor. Furthermore, because the time at which the trust is to disburse its assets to the intended beneficiaries may turn out to be a long time coming from the time at which it is originally set up, the person of the trustee will be obliged to sustain and invest the trust property.
The Netherlands Institute of International Affairs 'Clingendael' celebrated its twenty-fifth anniversary in 2008. In this volume of essays, research fellows from the Clingendael Institute shed light on the near future of international relations in the fields of diplomacy, European integration, security and energy. In the tradition of the Clingendael Institute, the contributions to this book are thought-provoking, policy-oriented and relevant to anyone interested in international relations.
FOREWORD This volume contains the Award of the Arbitral Tribunal established under the dispute resolution provisions of the 1992 Convention for the Protection of the Marine Environment of the North-East Atlantic ("OSPAR Convention"), to consider an international environmental dispute between Ireland and the United Kingdom which dates back to the early 1990s. The dispute concerns alleged potential radioactive pollution of the Irish Sea from a mixed oxide ("MOX") manufacturing plant at Sellafield, England. The OSPAR Arbitration was the first round of the notable MOX Plant Case. Ireland commenced arbitral proceedings against the United Kingdom under two different treaties in 2001. Both arbitrations were administered by the Per- nent Court of Arbitration ("PCA"). The first - the OSPAR Arbitration - was initiated in June of that year on the ground that the United Kingdom had failed to provide access to certain information regarding its decision to commission the MOX plant, in breach of Article 9 of the OSPAR Convention. The second arbitration - the MOX Plant Case - was brought under Annex VII of the United Nations Convention on the Law of the Sea ("UNCLOS") in October, and concerned the authorization and operation of the MOX Plant. The dispute also gave rise to proceedings in which Ireland requested provisional measures from the International Tribunal for the Law of the Sea pending constitution of the UNCLOS tribunal, as well as infringement proceedings brought by the European Comm- sion against Ireland before the European Court of Justice.
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.
This forty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the Extraordinary Chambers in the Courts of Cambodia between 2007 and 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 the decisions.
Advance Praise for Indian Mujahideen: Computational Analysis and Public Policy This book presents a highly innovative computational approach to analyzing the strategic behavior of terrorist groups and formulating counter-terrorism policies. It would be very useful for international security analysts and policymakers. Uzi Arad, National Security Advisor to the Prime Minister of Israel and Head, Israel National Security Council (2009-2011) An important book on a complex security problem. Issues have been analysed in depth based on quality research. Insightful and well-balanced in describing the way forward. Naresh Chandra, Indian Ambassador to the USA (1996-2001) and Cabinet Secretary (1990-1992). An objective and clinical account of the origins, aims, extra-territorial links and modus-operandi, of a growingly dangerous terrorist organization that challenges the federal, democratic, secular and pluralistic ethos of India s polity. The authors have meticulously researched and analysed the multi-faceted challenges that the Indian Mujahideen poses and realistically dwelt on the ways in which these challenges could be faced and overcome. G. Parthasarathy, High Commissioner of India to Australia (1995-1998) and Pakistan (1998-2000). This book provides the first in-depth look at how advanced mathematics and modern computing technology can influence insights on analysis and policies directed at the Indian Mujahideen (IM) terrorist group. The book also summarizes how the IM group is committed to the destabilization of India by leveraging links with other terror groups such as Lashkar-e-Taiba, and through support from the Pakistani Government and Pakistan s intelligence service.
Foreword by The Hon. Louis J. Freeh."
Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.
In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived
Why do international organizations (IOs) look so different, yet so similar? The possibilities are diverse. Some international organizations have just a few member states, while others span the globe. Some are targeted at a specific problem, while others have policy portfolios as broad as national states. Some are run almost entirely by their member states, while others have independent courts, secretariats, and parliaments. Variation among international organizations appears as wide as that among states. This book explains the design and development of international organization in the postwar period. It theorizes that the basic set up of an IO responds to two forces: the functional impetus to tackle problems that spill beyond national borders and a desire for self-rule that can dampen cooperation where transnational community is thin. The book reveals both the causal power of functionalist pressures and the extent to which nationalism constrains the willingness of member states to engage in incomplete contracting. The implications of postfunctionalist theory for an IO's membership, policy portfolio, contractual specificity, and authoritative competences are tested using annual data for 76 IOs for 1950-2010. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
The scope of this title is to introduce and review significant international tax issues for upstream oil and gas operations. The book is based on introducing and explaining practical upstream tax issues, with an emphasis on tax risk management and related tax planning. Readers will develop skills in identifying tax exposures and opportunities, managing tax negotiations, and applying tax planning solutions. The book is intended to benefit accountants, lawyers, economists, financial managers and government officials. The book aims to be the first choice for the new starter in upstream oil and gas taxation. It also aims to be the best introduction of international tax issues relating to upstream oil and gas, enabling the reader to analyse and understand new situations and circumstances, rather than an encyclopaedic reference of tax issues.
This book takes up one of the key theoretical challenges in the English School's conceptual framework, namely the nature of the institutions of international society. It theorizes their nature through an analysis of the relationship of primary and secondary levels of institutional formation, so far largely ignored in English School theorizing, and provides case studies to illuminate the theory. Hitherto, the School has largely failed to study secondary institutions such as international organizations and regimes as autonomous objects of analysis, seeing them as mere materializations of primary institutions. Building on legal and constructivist arguments about the constitutive character of institutions, it demonstrates how primary institutions frame secondary organizations and regimes, but also how secondary institutions construct agencies with capacities that impinge upon and can change primary institutions. Based on legal and constructivist ideas, it develops a theoretical model that sees primary and secondary institutions as shared understandings enmeshed in observable historical processes of constitution, reproduction and regulation.
This one-of-a-kind Dictionary provides a comprehensive breakdown of terms employed in the discussion of international human rights law. In addition to a list of definitions, this innovative volume also includes an appendix featuring descriptions of major treaties, documents, and other important human rights instruments, along with references on how to locate them. Students and professors of international, human rights and humanitarian law will find this volume an indispensable resource, as will government officials and other practitioners working with human rights issues.
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states' foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary's role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, including Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in 2018.
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
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