This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis "on which fair and just societies are built." The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council's evolving counterterrorism policies and practices -Victims' Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.

Nuclear Weapons Counterproliferation: A New Grand Bargain proposes a new legal and institutional framework for counterproliferation of nuclear weapons. Its proposal is designed to remedy the widely acknowledged breakdown of the architecture of the Nuclear Non-Proliferation Treaty on which we can no longer rely for global nuclear security.
First, Nuclear Weapons Counterproliferation defines the distinctively dangerous character of contemporary nuclear risk and explains why the Nuclear Non-Proliferation Treaty no longer provides a viable foundation for counterproliferation of nuclear weapons. It then sets out the reforms needed in order to limit the radical increase in availability, for rogue governments and terrorists, of nuclear weapons related material and technology. Garvey proposes a new counterproliferation architecture, to be built on presently available scientific, legal, and institutional resources, which could achieve a critical reduction of nuclear risk and an expanded deterrence. Guiding principles for establishing this new architecture are formulated, including, most importantly, the principal mechanism for implementation, a United Nations Security Council Counterproliferation Resolution applying equally for all states.
This book presents what may be our best opportunity to secure a profoundly more effective global nuclear security and counter the world's current course to a catastrophic nuclear detonation.

This book discusses the intensification of international transport services as the consequence of an increasingly capillary economic integration. In particular, in some European countries, such as Belgium, the Rhine area of Germany, and Denmark, the application of the Geneva Convention on the carriage of goods from the case law point of view is even more thorough than that of national law. Even though this is not the case for all countries, the Geneva Convention is a core text both for the scientific debates on the issue and for commercial operators. Therefore, proposing an up-to-date reading of the Convention is of utmost importance from the practical point of view, especially considering that, thanks to the consistent application of the International Carriage of Goods by Road contract, the Convention has become an essential prerequisite for the development of traffic. In ten chapters, this book reviews the Convention's structure and considers the case-law approaches and trends of most countries belonging to the European Union. It covers contracts and different negotiating models as well as compensation, liability of the carrier, and damages.

This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Quebec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.

The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583-1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

This book addresses sexual and gender-based violence (SGBV) against women from an international law point of view. It identifies the reasons behind SGBV against women with a specific focus on cultural practices that try to justify it and highlights the legal challenges related to the topic for both national and international justice systems. The seven chapters of the book are: i) Introduction ii) SGBV a global concern; iii) International legal protection; iv) Role of international institutions; v) Role of cultural factors and vi) Challenges vii) Conclusions. In the light of concerted global efforts to bring to an end, or at least severely contain SGBV against women, the book provides a future roadmap to the United Nations system, States, international institutions, multidisciplinary scholars, civil society organizations and other global actors. The book contains a Foreword by Peter Maurer, President of International Committee of the Red Cross (ICRC).

International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.

This book investigates how various scientific communities - e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists - study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.

The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.

This book examines how the EU and international law frameworks impact the EU's ability to act normatively in its external action in the area of fisheries. The EU, a major fishing power, portrays itself as a normative actor and a champion of sustainable fishing. The volume reconceptualises the Normative Power Europe narrative by identifying three interrelated elements - universality, use of instruments, and legitimacy - as the key criteria against which to evaluate the normativity of the EU's conduct. The universality element examines the level of international acceptance of the stated aims of EU action; the use of instruments element examines the EU's participation limitations in relevant international institutions and the means (persuasion as opposed to coercion) through which it acts; and the legitimacy element examines the substance of the EU's action in terms of legality, protection of common or self-interests, and coherence and consistency. The book draws upon extensive research into both the international and EU legal frameworks relating to fisheries and the EU's practice in its external fisheries relations. It consecutively discusses four sets of challenges: (i) to the EU's normativity posed by lack of membership in global institutions; (ii) created notwithstanding membership in other global or regional bodies; (iii) connected to multileveled coercive action and (iv) to accessing foreign fishing resources. It claims that, while the EU's normativity depends greatly on its internal and external powers, it is the EU's inability to freely wield these powers that damages its normativity. To act normatively, the EU primarily needs the full Member States' support, as its present constitution prevents it from acting completely independently from them. The volume is aimed at academics and practitioners alike working in the area of fisheries globally but also on the EU's external action more generally. Mihail Vatsov is Programme Manager with the European Commission in Brussels, Belgium.

This book examines the timely issue of artificial intelligence (AI) and law. At this moment, AI is rapidly developing and being utilized in many different sectors. Meanwhile, the rise of AI raises complex questions and poses new challenges-new products and services involving AI will require new regulations and standards to minimize potential negative side-effects and maximize the benefits of this new technology, both within domestic law and international law. Thus, this book focuses on the impact of AI on international law and seeks ways to develop international law frameworks to adequately address the challenges of the AI era. In this context, new forms of inter-state conflicts and emergence of new subjects and objects of international law are discussed along with relevant up-to-date developments in major jurisdictions. Issues arising from the advent of AI relating to state sovereignty, state responsibility, dispute settlements, and north-south divide are also considered.

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

This edited volume analyzes participatory practices in art and cultural heritage in order to determine what can be learned through and from collaboration across disciplinary borders. Following recent developments in museology, museum policies and practices have tended to prioritize community engagement over a traditional focus on collecting and preserving museal objects. At many museal institutions, a shift from a focus on objects to a focus on audiences has taken place. Artistic practices in the visual arts, music, and theater are also increasingly taking on participatory forms. The world of cultural heritage has seen an upsurge in participatory governance models favoring the expertise of local communities over that of trained professionals. While museal institutions, artists, and policy makers consider participation as a tool for implementing diversity policy, a solution to social disjunction, and a form of cultural activism, such participation has also sparked a debate on definitions, and on issues concerning the distribution of authority, power, expertise, agency, and representation. While new forms of audience and community engagement and corresponding models for "co-creation" are flourishing, fundamental but paralyzing critique abounds and the formulation of ethical frameworks and practical guidelines, not to mention theoretical reflection and critical assessment of practices, are lagging. This book offers a space for critically reflecting on participatory practices with the aim of asking and answering the question: How can we learn to better participate? To do so, it focuses on the emergence of new norms and forms of collaboration as participation, and on actual lessons learned from participatory practices. If collaboration is the interdependent formulation of problems and entails the common definition of a shared problem space, how can we best learn to collaborate across disciplinary borders and what exactly can be learned from such collaboration?

In this booklet, the text of which formed the basis for a lecture held upon the acceptance of the Chair of Public International Law at the Erasmus University Rotterdam, the author explores the role of state-consent in normative development at the international level during times of globalization. She makes the point that increasingly state-consent is understood as consent to a process of normative development, the outcome of which is unknown at the time when consent is given. Understanding state-consent in this manner, however, results in questions arising with respect to the legitimacy of international decision-making processes. These questions address transparency and accountability in international decision-making and are related to the changing character of the international legal system, which increasingly besides regulating the interests that states share also seeks to regulate the common-interest of the international community.

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). -- .

American International Law Cases (AILC) is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts and bankruptcy courts, federal appellate courts, and the U.S. Supreme Court, as well as the U.S. Court of International Trade, other federal specialty courts, and state courts that have decided notable cases. The 2015 edition contains 12 volumes with approximately 300 cases. The cases appear in alphabetical order by case name, with a subject index of cases and consolidated table of cases at the end of Volume 12. The 2015 edition includes noteworthy cases from U.S. federal courts relating to the following topics: Adjudication of Visa Applications: Al Naham v. U.S. Dep't of State; Kerry v. Din Alien Tort Statute (ATS): Al Shimari v. CACI Premier Tech., Inc.; Balintulo v. Ford Motor Co.; Doe v. Drummond Co.; Hernandez v. U.S. Comity: Fischer v. Magyar Allamvasutak Zrt.; Gucci America, Inc. v. Weixing Li Detention, Investigation, and Prosecution of Suspected Terrorists: Al Warafi v. Obama; U.S. v. Hamidullin; Meshal v. Higgenbotham Extradition: Munoz Santos v. Thomas; Patterson v. Wagner Extraterritoriality: U.S. v. Abu Khatallah; Balintulo v. Ford Motor Co.; Doe v. Drummond Co.; Hernandez v. U.S.; Meshal v. Higgenbotham; U.S. v. Sidorenko; Validus Reinsurance, Ltd. v. U.S. Federal Tort Claims Act: U.S. v. Kwai Fun Wong; Meshal v. Higgenbotham Foreign Relations and Executive Power: Agudas Chasidei Chabad of U.S. v. Russian Fed'n; Republic of the Marshall Islands v. U.S.; Wu Tien Li-Shou v. U.S.; Zivotofsky ex rel. Zivotofsky v. Kerry Foreign Sovereign Immunities Act: Agudas Chasidei Chabad of U.S. v. Russian Fed'n; Bennett v. Islamic Republic of Iran; Fischer v. Magyar Allamvasutak Zrt.; OBB Personenverkehr AG v. Sachs Geneva Conventions: U.S. v. Hamidullin International Organizations Immunities Act: Zuza v. Office of the High Representative Political Question Doctrine: Al Shimari v. CACI Premier Tech., Inc.; Sadi v. Obama; Republic of the Marshall Islands v. U.S. U.S. Sovereign Immunity: Hernandez v. U.S.; U.S. v. Kwai Fun Wong; Wu Tien Li-Shou v. U.S. Vienna Conventions on Consular/Diplomatic Relations: U.S. v. Abu Khatallah War Powers and National Security: Al Bahlul v. U.S.; Meshal v. Higgenbotham

As a rule, countries consider clearly defined international borders to be paramount for their survival and prosperity. Most borders gain definition peacefully and, once they do, these definitions stick (i.e., the border remains settled). The failure to define borders, however, produces protracted, geopolitical, militarized competitions (or rivalries) between neighboring countries. Rider and Owsiak model this failure as a particular type of bargaining problem - namely, bargaining over territory that affects the distribution of power between neighbouring states significantly - that undermines efforts to resolve border disagreements peacefully. Countries must then overcome this bargaining problem or risk falling into a protracted rivalry, which then needs to be addressed with more resources. The authors develop a theory of how borders settle. They then explore the consequences of the failure to settle, theoretically connecting it to the onset of rivalries. This leads to the process that helps rivals overcome the bargaining problem, resolve their border disagreement, and terminate their rivalry.

This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.

The book explores the main moral, ethical and operational dilemmas of targeted killings from an Israeli perspective. Even though many countries contending with terrorism have adopted this tool (either overtly or covertly) within the arsenal used in implementing their counter-terrorism policies, it seems that Israel, as one of the world's leading practitioner of targeted killing in its counter-terrorism effort, constitutes the most appropriate case study for reviewing implications and dilemmas associated with this practice. Each chapter will present a different ethical-moral-operational dilemma emanating from a deployment of a targeted killing. The analysis of Israeli considerations and solutions to these dilemmas is built around interviews with Israeli decision-makers, former senior security officials and other experts. The chapters also cover public opinion polls in order to highlight the views of the Israeli public vis-a-vis each dilemma. Finally, chapters will conclude with lessons learned and offer recommendations for a practical and moral solution. The final chapter then draws together universal conclusions and recommendations for the use of targeted killings.

This open access book is about the shaping of international relations in mathematics over the last two hundred years. It focusses on institutions and organizations that were created to frame the international dimension of mathematical research. Today, striking evidence of globalized mathematics is provided by countless international meetings and the worldwide repository ArXiv. The text follows the sinuous path that was taken to reach this state, from the long nineteenth century, through the two wars, to the present day. International cooperation in mathematics was well established by 1900, centered in Europe. The first International Mathematical Union, IMU, founded in 1920 and disbanded in 1932, reflected above all the trauma of WW I. Since 1950 the current IMU has played an increasing role in defining mathematical excellence, as is shown both in the historical narrative and by analyzing data about the International Congresses of Mathematicians. For each of the three periods discussed, interactions are explored between world politics, the advancement of scientific infrastructures, and the inner evolution of mathematics. Readers will thus take a new look at the place of mathematics in world culture, and how international organizations can make a difference. Aimed at mathematicians, historians of science, scientists, and the scientifically inclined general public, the book will be valuable to anyone interested in the history of science on an international level.

This book takes a unique interdisciplinary approach to the planned return of humans to the Moon. With the Artemis Project, the US and its partners have planned an ambitious project with the creation of the Lunar Gateway, to be followed by the landing of the first woman and next man on the Moon. This book explains that the Artemis project then forms the basis of planned sustained human missions to Mars. Russia and China have also announced their intentions to establish a permanent base on the Moon and have commenced the deployment of modules which will form part of this project. This book states that whilst there has been a permanent human presence in Low Earth Orbit since 2000, with the continued crew rotation on the International Space Station, perhaps the most successful international collaboration of modern times, the establishment of a base on the Moon will generate new challenges for human survival and success. The continued human presence on the space station has provided an incredible opportunity to observe and study the effect of being in space upon the human body and the human psyche. In addition, this book explores that it has provided the scope and context for a vast range of scientific experiments. Now that it has become likely that more humans will need to live and work in space for sustained periods of time, it is essential that we consider matters beyond the engineering questions of how we go to space to the broader questions of how we will live there? What will we need? What will the effects of sustained living in space be for us, emotionally, cognitively, physically and how do we need to consider the impact we will have on the environment to which we are travelling. This book is unique in that, not only does it bring together a diverse yet complementary set of expertise, but it also consciously brings those different experts together in jointly authored chapters, mirroring the way we will have to work together as teams of diverse experts in space. It creates interwoven chapters co-written by various teams of psychologists, lawyers, engineers, regulators, policy experts, architects and cultural studies experts. This book will enable the fielding and addressing of the difficult questions that need to be considered before space habitation may be a successful and sustained mode of existence. This book fills a gap in the area of space studies which tends to focus on narrow, discipline specific issues. It provides a thought-provoking launchpad for further work in this area and above all, stresses the needs of the human in a hostile environment.

Following on from Part 1, which was highly acclaimed by the space community, this peer-viewed book provides detailed insights into how space and popular culture intersect across a broad spectrum of areas, including cinema, music, art, arcade games, cartoons, comics, and advertisements. This is a pertinent topic since the use of space themes differs in different cultural contexts, and these themes can be used to explore various aspects of the human condition and provide a context for social commentary on politically sensitive issues. With the use of space imagery evolving over the past sixty years of the space age, this topic is ripe for in-depth exploration. Covering a wide array of relevant and timely topics, the book examines the intersections between space and popular culture, and offers accounts of space and its effect on culture, language, and storytelling from the southern regions of the world.

This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.

International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.