This book provides a conceptual and legal analysis of one of the most important challenges facing international organizations today: their exercise of sovereign powers. The book examines the exercise of sovereign powers by organizations such as the United Nations, the World Trade Organization, and the European Union. It makes a significant contribution to the content of the law that governs both the exercise of sovereign powers by international organizations and the relationships between organizations and their Member States. The book also tackles the fundamental question of what values should constrain international organizations in their exercise of sovereign powers. These sovereign powers have been conferred on international organizations by States and may include the full range of executive, legislative, and judicial powers. Sarooshi develops an innovative three-tiered typology of conferrals which ranges from agency relationships, to delegations of powers, to full transfers of powers. These categories prove useful in answering a number of legal issues that arise out of the relationships between international organizations and their Member States. These include: When an international organization exercises conferred powers, does it do so on its own behalf or on behalf of the State? Whose legal relations are changed by the exercise of powers: the State's or the organization's? In the case where the State has retained the right to exercise powers it has conferred on an organization, whose interpretation of the powers will prevail in the case of a conflict that arises from the concurrent exercise of powers? What fiduciary duties are owed by the organization and Member States towards each other? And who is responsible for breaches of international law that may occur as a result of the organization's exercise of conferred powers: the State or the organization or both? These issues lead on to a consideration in the book of the measures available to a State under international law when it wants to try and change the way that an organization is exercising conferred powers.

With a foreword by Dr. Jose Ramos-Horta, Nobel Peace Laureate and Prime Minister of Timor-Leste. Most intrastate peace agreements are implemented inadequately or not at all. This leads to renewed tensions and often to a resumption of armed conflict. This book examines why the record of implementation of peace agreements between governments and population groups within their state is so poor, and what is being and can be done to change this. The authors write from first-hand experience, having played major roles in the negotiation and implementation of intrastate peace agreements in different parts of the world. They provide unique insights into the difficulties faced by parties to peace agreements and explore ways to overcome these. The diversity of authors and of the peace processes in which they have been involved ensures a rich, new and important contribution to the understanding of intrastate peace processes. The material contained in this book is of direct use to professionals and organisations working in the field of intrastate conflict resolution, government officials, teachers and students, journalists and others observing and writing on specific intrastate conflicts and peace processes. Miek Boltjes is a mediator and facilitator with extensive experience in intrastate conflicts and peace processes in different parts of the world. She is currently the Director of Dialogue Facilitation at Kreddha - International Peace Council for States, Peoples and Minorities (http://kreddha.org).

With a Foreword by Dr Ralf-Rene Weingartner, Director for Youth and Sport, Council of Europe, Strasbourg The Council of Europe is unquestionably the body that has made the most substantial contribution to paving the way for a European sports model. The Council of Europe was the first international intergovernmental organisation to take initiatives to establish legal instruments, and to offer an institutional framework for the development of sport at European level. The first stage of the Council of Europe's work in this field was marked by the adoption of the Committee of Ministers' Resolution on Doping of Athletes (1967). The extensive work of the Council of Europe on sport is evident through its main instruments on sport, such as the European Sports Charter, the Code of Sports Ethics, the European Convention on Spectator Violence, and the Anti-Doping Convention. Sport co-operation within the Council of Europe is organised in partnership with national governmental and non-governmental bodies. The Council of Europe and Sport: Basic Documents is the second volume in the Asser series of collections of documents on international sports law, containing material on the intergovernmental (inter-state) part of international sports law. The European Union and Sport: Legal and Policy Documents was the first volume devoted to the European Union. In previous other publications, non-governmental materials, i.e. statutes and constitutions, doping rules and regulations, arbitral and disciplinary rules and regulations of the international sports organisations were published. The book provides an invaluable source of reference for governmental and sports officials, legal practitioners and the academic world. With the increasing public interest in the legal aspects of sports, this collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law and policy.

This book examines the historical and contextual background to the oil and gas resources in the Kurdish territories, placing particular emphasis on the reserves situated in the disputed provinces. The volume is singularly unique in focusing on an examination of the rules reflected in both the national and the regional constitutional, legislative, and contractual measures and documents relevant to the question of whether the central government in Baghdad or the Kurdish Regional Government (KRG) in Erbil has a stronger claim to legal control over the oil and gas resources in the disputed Kurdish territories. As a subsidiary focus, the author also draws attention to how the basic thrust of the volume connects to broader jurisprudential issues regarding the nature and purpose of law, the matter of claims by native peoples to natural resources on traditional lands, and the place of regional minorities operating in a federal system. Since the law examined is domestic or municipal in origin, additional reference is made to the role that such law can play in the "bottom up" (as opposed to more conventional "top down") development of international law. The book's opening chapters provide a valuable contextual introduction, followed by a number of substantive chapters providing an analytical and critical assessment of the controlling legal rules. Written in a scholarly, yet accessible style, and covering matters of basic importance to academics, lawyers, political scientists, government representatives, and students of energy and natural resources, as well as those of developing legal structures, Oil and Gas in the Disputed Kurdish Territories is an essential addition to any collection.

The articles collected here are foundational contributions to integrating behavioural research and risk analysis. They include seminal articles on three essential challenges. One is ensuring effective two-way communication between technical experts and the lay public, so that risk analyses address lay concerns and provide useful information to people who need it. The second is ensuring that analyses make realistic assumptions about human behaviours that affect risk levels (e.g., how people use pharmaceuticals, operate equipment, or respond to evacuation orders). The third is ensuring that analyses recognize the strengths and weaknesses of experts' understanding, using experts' knowledge, while understanding its limits. The articles include overviews of the science, essays on the role of risk in society, and applications to domains as diverse as environment, medicine, terrorism, human rights, chemicals, pandemics, vaccination, HIV/AIDS, xenotransplantation, sexual assault, energy, and climate change. The work involves collaborations among scientists from many disciplines, working with practitioners to produce and convey the knowledge needed help people make better risk decisions.

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

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

Corporate social and environmental responsibility (CSR/CER) can be understood as practices which voluntarily extend beyond mere compliance with mandatory social and environmental standards. Corporate social and environmental responsibility: Another road to China's sustainable development, by Mengxing Lu, contributes to the current debate of CSR/CER by providing a legal and economic analysis of CSR/CER and its relationship with regulation. Although the development of CSR/CER is at an early juncture in China, it is nevertheless a prominent topic for Chinese policy makers and business leaders alike. By depicting the landscape of CSR/CER in China, Corporate social and environmental responsibility: Another road to China's sustainable development successfully demonstrates the vast potential for CSR/CER's contribution to China's sustainable development.

Public diplomacy has never been more important in international relations. Yet, public diplomacy s future as a valued national resource and a respected profession is far from certain. Lingering historical misperceptions and contemporary debate regarding public diplomacy s role and value in protecting and advancing national and international interests threaten public diplomacy s advancement on both fronts. Grounded in public relations theory and steeped in common sense, this book advances the global debate on public diplomacy s future by documenting the intellectual and practical development of public diplomacy in the United States and analyzing key challenges ahead. The author s fresh perspective provides compelling insights into public diplomacy's purpose and value, the conceptual foundations of the discipline, and principles of strategic practice. Based on extensive primary and secondary research, including a comprehensive survey of veteran U.S. public diplomats, the book reveals lessons learned from the U.S. experience in public diplomacy that will be critical in determining public diplomacy's fate in the United States and throughout the world.

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

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

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

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

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

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

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

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

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

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

The deployment of Autonomous Weapons gives rise to ongoing debate in society and at the United Nations, in the context of the Convention on Certain Conventional Weapons. Yet there little empirical research has been done on this topic. This volume fills that gap by offering an empirical study based on military personnel and civilians working at the Dutch Ministry of Defence. It yields insight into how Autonomous Weapons are perceived by the military and general public; and which moral values are considered important in relation to their deployment. The research approach used is the Value-Sensitive Design (VSD) method that allows for the consideration of human values throughout the design process of technology. The outcome indicates that military personnel and civilians attribute more agency (the capacity to think and plan) to an Autonomous Weapon than to a Human Operated Drone. In addition, it is clear that common ground exists between military and societal groups in their perception of the values of human dignity and anxiety. These two values arise often in the discourse, and addressing them is essential when considering the ethics of the deployment of Autonomous Weapons. The text of this volume is also offered in parallel French and German translation.

Volume 39 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2021. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.

The open access publication of this book has been published with the support of the Swiss National Science Foundation. In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies - one on carbon pricing, another on official export credit support - place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.

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

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

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