Since the establishment of the Permanent Court of Arbitration for international dispute resolution in 1899, the number of international courts and tribunals has multiplied and the reach of their jurisdiction has steadily expanded. By providing a synthetic overview and critical analysis of these developments from multiple perspectives, this Research Handbook both contextualizes and stimulates future research and practice in this rapidly developing field. Made up of specially commissioned chapters by leading and emerging scholars, the book takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the main issues, debates and controversies related to the growth of international courts and tribunals. Its review of influential international judgements traverses the areas of international peace and security law, international human rights law, international criminal law, and international economic law, while also including critical reflection by practitioners. This nuanced review of the latest thinking on scholarly debates and controversies in international courts and tribunals will be both a key resource for academic researchers and a concise introduction to the subject for post-graduate students. Its chapters also contain topics of practical relevance to lawyers and international decision-makers. Contributors include: A.M. Barreto, J. Chylinski, T. Dannenbaum, W. Elmaalul, M. Farrell, K. Gibson, J. Jones QC, M.G. Karnavas, M.M. Mbengue, Y. Mcdermott Rees, L. Obregon, K. Oellers-Frahm, R.F. Oppong, G. Pecorella, M. Pinto, J. Powderly, Y. Ronen, L.E. Salles, W.A. Schabas, D. Shelton, N. Strapatsas, M. Taylor, M. Varaki

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

This book presents an interdisciplinary collection of expert analyses and views of existing verification systems. It provides guidelines and advice for the improvement of those systems as well as for new challenges in the field.

This Open Access Book is the first to examine disasters from a multidisciplinary perspective. Justification of actions in the face of disasters requires recourse both to conceptual analysis and ethical traditions. Part 1 of the book contains chapters on how disasters are conceptualized in different academic disciplines relevant to disasters. Part 2 has chapters on how ethical issues that arise in relation to disasters can be addressed from a number of fundamental normative approaches in moral and political philosophy. This book sets the stage for more focused normative debates given that no one book can be completely comprehensive. Providing analysis of core concepts, and with real-world relevance, this book should be of interest to disaster scholars and researchers, those working in ethics and political philosophy, as well as policy makers, humanitarian actors and intergovernmental organizations..

New directives in the European Union forced the national governments to release new laws on the collection and recycling of electronic waste. Producers of electrical/electronic equipment are now required to fulfill several tasks on an administrational level, such as registration and regular declarations, as well as ensure take back and recycling operationally. The national laws and requirements strongly differ from country to country and created a lot of confusion in the past. In this book, consultants from 26 EU member states give a clear and structured recipe how this complicated procedure can be done in the corresponding country. This makes the book being an essential tool for the electrics industry, in particular for international companies.

This book is dedicated to the nascent discussion of the legal aspects of human exploration and possible settlement of Mars, and provides fresh insights and new ideas in two key areas. The first one revolves around the broader aspects of current space law, such as intellectual property rights in outer space, the legal implications of contact with extra-terrestrial intelligence, legal considerations around the freedom of exploration and use, and the International Space Station agreement as a precedent for Mars. The second one focuses on the creation and management of a new society on Mars, and includes topics such as human reproduction and childbirth, the protection of human rights in privately-funded settlements, legal aspects of a Martian power grid, and criminal justice on the red planet. With multiple national space agencies and commercial enterprises focusing on Mars, it is more than likely that a human presence will be established on the red planet in the coming decades. While the foundation of international space law, laid primarily by the Outer Space Treaty, remains the framework within which humans will engage with Mars, new and unforeseen challenges have arisen, driven particularly by the rapid pace of technological advancement in recent years. To ensure that space law can keep up with these developments, a new scholarly work such as the present one is critical. By bringing together a number of fresh international perspectives on the topic, the book is of interest to all scholars and professionals working in the space field.

This timely interdisciplinary work on current developments in ICT and privacy/data protection, coincides as it does with the rethinking of the Data Protection Directive, the contentious debates on data sharing with the USA (SWIFT, PNR) and the judicial and political resistance against data retention. The authors of the contributions focus on particular and pertinent issues from the perspective of their different disciplines which range from the legal through sociology, surveillance studies and technology assessment, to computer sciences. Such issues include cutting-edge developments in the field of cloud computing, ambient intelligence and PETs; data retention, PNR-agreements, property in personal data and the right to personal identity; electronic road tolling, HIV-related information, criminal records and teenager's online conduct, to name but a few.

Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.

This book discusses megatrends and subsequently applies them to the air transport industry from a legal, ethical and economic perspective. Starting with a detailed discussion on what these megatrends are, the book provides an essential overview of megatrends and air transport, including analytical discussions on how megatrends could affect basic issues such as nationalism and sovereignty, market access in air transport, and commercial space transport. It also delves into the rights of the airline passenger as affected by megatrends. Further, the book analyses a broad range of topics, including: the digital transformation of air transport; technology and air transport; robotic pilots and their legal ramifications; the human-robot interface and the law with focus on the pilot; cognitive computing; and issues of empowerment and connectivity. It discusses in detail United Nations initiatives and initiatives of the International Civil Aviation Organization, considering aspects such as: the new world order; e-trends and air transport; apps that make air travel easier; and apps designed to help the aviation authorities. Further topics include artificial intelligence and air transport and related technical, ethical and economic issues, as well as a legal inquiry into manufacturer's defects; design defects; and liability for failure to warn of defects. Questions are posed and answers provided on the effects of artificial intelligence and legal issues stemming from its use in air transport. Two major discussions follow on millennials and air transport, and on the Internet of everything as related to air transport. The conclusion ties in megatrends with air transport and offers the industry a way forward for adapting to these trends.

This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.

This, the first volume of a major work, describes the establishment of the United Nations, the controversies and debates within the organization and the political factors surrounding these during the first ten years of its life.

This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.

This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.

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.

Written by the leading commentator on the subject, this is the seminal textbook on the law of international armed conflict. Focusing on recent issues arising in the course of hostilities between States, it explores the dividing line between lawful and unlawful combatants, the meaning of war crimes and command responsibility, the range of prohibited weapons, the distinction between combatants and civilians, the parameters of targeting and proportionality, the loss of protection from attack (including 'direct participation in hostilities') and special protection (granted, pre-eminently, to the environment and to cultural property). In a completely revised and updated text, the author expertly covers the key principles and includes important new issues, including the use of autonomous weapons and the complexities of urban warfare. The subtleties and nuances of the international law of armed conflict are made accessible to the student and practitioner alike, whilst retaining the academic rigour of previous editions.

This book tells the story of Kosovo's independence, from the periodic bloodshed of the twentieth century to the diplomacy that led to a determination of Kosovo's final status as a state in 2008. Kosovo declared its independence from Serbia in February 2008, over the objection of Serbia and Russia. This culminated in more than a hundred years of, sometimes violent, resistance to what the majority Albanian population considered to be 'occupation' by foreign forces - first those of the Ottoman Empire, then those of Serbia, and finally by the United Nations. Kosovo's independence was the product of careful diplomacy, orchestrated by the United States and leading members of the European Union, under a framework brokered by former Finnish president Martti Ahtisaari, who subsequently won the Nobel Prize for Peace.

The aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.

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.

Natural disasters such as large-scale flooding are on the increase. Climate change directly affects our basis of existence. This includes residential buildings, and commercial and industrial properties. The author highlights the requirements that will have to be met by a protection system for buildings in the future. Insurance against natural hazards lies at the heart of such a system. The insurance systems of Germany, France, Spain, Switzerland and the USA are presented. The author explains what type of insurance system is best suited to meet the challenge of climate change. The starting point of the legal section is statutory insurance with a monopoly. The question of whether such insurance is compatible with Swiss and EU law is examined. Keywords in this respect are economic freedom, competition, services of general interest and universal service.

EtYIL 2019 comes out while the world is in the midst of a new coronavirus pandemic that has infected millions and killed thousands of people without distinction as to age, race, colour, or creed. As an attack on all humanity, Covid-19, the disease caused by the coronavirus, has challenged the fitness of the global order as never before, and its institutional and normative frameworks have been found wanting. As is often the case in such circumstances, when the WHO is denied resources to assist those countries or the WTO is unable to guarantee access to Covid-19 medical supplies and protective equipment, it is the poorest nations that suffer the most. EtYIL's mission is to provide a platform for purpose-oriented scholarly analysis and debate on issues of particular significance for African countries such as Covid-19, disputes over Nile water resources, and Ethiopia-Eritrea relations. Although the pandemic came too late for this issue of EtYIL, we have managed to include two important articles that examine the subject from geostrategic and legal perspectives. EtYIL 2019 also addresses a number of other topical issues, including the responsibility of the UN Security Council (UNSC) in climate-related risks to least developed countries, the Global South's approach to environmental protection, the challenges of international regulation of arms brokering, and the contributions of Martin Luther King, Jr. to Pan-Africanism and international human rights law. Finally, the Yearbook also continues its coverage of regional issues such as the evolving Ethiopia-Eritrea relations, Djibouti's accession to the ICSID Convention; the trilateral negotiations between Ethiopia, Sudan and Egypt over the Grand Ethiopian Renaissance Dam and the U.S. meddling and the role of the UNSC on the issue have also been covered. As before, our contributors come from all over the world, to all of whom we extend our sincere appreciations.

This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment.

"Republican Principles in International Law" considers the fundamental requirements of a just world order, as applied to public international law. The republican principles of deliberation, popular sovereignty and the public good first formed and justified the law of nations two centuries ago. They still clarify the most contested legal question and explain why people and states should obey international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations.""

In this volume, contributors from academia, industry, and policy explore the inter-connections among economic development, socio-political democracy and defense and security in the context of a profound transformation, spurred by globalization and supported by the rapid development of information and communication technologies (ICT). This powerful combination of forces is changing the way we live and redefining the way companies conduct business and national governments pursue strategies of innovation, economic growth and diplomacy.

Integrating theoretical frameworks, empirical research and case studies, the editors and contributors have organized the chapters into three major sections, focusing on cyber-development, cyber-democracy and cyber-defense.

The authors define "cyber-development" as a set of tools, methodologies and practices that leverage ICT to catalyze and accelerate social, political and economic development, with an emphasis on making the transition to knowledge-based economies. One underlying understanding here is that knowledge, knowledge creation, knowledge production and knowledge application (innovation) behave as crucial drivers for enhancing democracy, society, and the economy. By promoting dissemination and sharing of knowledge, "cyber-democracy "allows a knowledge conversion of the local into the global ("gloCal") and vice versa, resulting in a "gloCal" platform for communication and knowledge interaction and knowledge enhancement.Meanwhile, technology-enabled interconnectivity increases the need to adopt new methods and actions for protection against existing threats and possible challenges to emerge in the future.The final section contemplates themes of "cyber-defense" and security, as well as emerging theories and values, legal aspects and trans-continental links (NATO, international organizations and bilateral relations between states).Collectively, the authors present a unique collection of insights and perspectives on the challenges and opportunities inspired by connectivity."

This book explores the regulations, goals and functioning of preparatory proceedings in four Nordic countries and eight former communist countries. The contributions discuss whether, and how the regulation and practice of preparatory proceedings enhance swift civil justice that is both inexpensive and has quality outcomes. A central question is whether the main hearing model of civil justice, in which preclusion of new evidence and claims occur at the end of the preparatory stage, results in greater efficiency, or whether the functioning of civil proceedings largely depends on other factors. It also examines regulation and use of court-connected mediation and judicial settlement efforts. This book offers comparative insights into the functioning of the preparatory civil proceedings in the countries covered. Preparatory proceedings are considered a key tool for achieving efficient civil proceedings. The claims and factual background of the case are clarified at an early stage, and the main hearing is focused. Judicial settlement efforts and court-connected mediation contribute to early resolution of cases, and are important elements of Nordic civil procedure The Nordic countries have used the main hearing model of civil proceedings for some decades, and recent reforms have further enhanced the role of the preparatory stage. Former communist countries are reforming their earlier piecemeal- format civil proceedings by introducing and strengthening written and oral preparation, as well as court-connected mediation.

At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe's constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as "chiastic theory," which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court's role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.