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 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). -- .

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.

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.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 143, The Evolution of the Islamic State, focuses on the U.S. response to the Islamic State (IS) both in Syria and Iraq from a foreign policy standpoint and a military strategy perspective, as well as considering the impact of the rise of IS on the broader global jihadist movement. Consideration is also given to the importance of information warfare in countering IS's worldwide recruiting efforts via the Internet. This volume also includes documents examining related issues of great importance, including a report considering IS's financing, a report on the legal issues arising in connection with U.S. military action against IS, the role of Shia warlords and militias in Iraq in opposing IS, and the lessons that can be learned from the support provided to IS by European fighters.

This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari'a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.

This book explores the close, complex and consequential - yet to a large extent implicit - relationship between international law and time. There is a conspicuous discrepancy between international law's technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time - both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors - impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time's fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.

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 peer-reviewed book provides detailed insights into how space and its applications are, and can be used to support the development of the full range and diversity of African societies, as encapsulated in the African Union's Agenda 2063. Following on from Part 1 and 2, which were highly acclaimed by the space community, it focuses on the role of space in supporting the UN Sustainable Development Goals in Africa, but covers an even more extensive array of relevant and timely topics addressing all facets of African development. It demonstrates that, while there have been significant achievements in recent years in terms of economic and social development, which have lifted many of Africa's people out of poverty, there is still a great deal that needs to be done to fulfill the basic needs of Africa's citizens and afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Africa's goals for its future, but there is much room for further incorporation of space systems and data. Providing a comprehensive overview of the role space is playing in helping Africa achieve its developmental aspirations, the book will appeal to both students and professionals in fields such as space studies, international relations, governance, and social and rural development.

This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and - if they are recognised as such explicitly or by way of interpretation - the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former's functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online - including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.

From the United Nations to the International Bureau of Weights and Measures, the principles of international organizations affect all of our lives. The principles these organizations live by represent, at least in part, the principles all of us live by. This book quantifies international organizations' affiliation with particular principles in their constitutions, like cooperation, peace and equality. Offering a sophisticated statistical and legal analysis of these principles, the authors reveal the values contained in international organizations' constitutions and their relationship with one another. When these organizations are divided into groups, like regional versus universal organizations, many new, seemingly contradictory, interpretations of international organizations law emerge. Through elaborate network representations, radar charters, k-clusters analyses and scatter plots, this book offers an unprecedented insight into the principles and values of international organizations. -- .

The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. "This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process." - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration "Dr. Ahuja's book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume." - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) "A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike." - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers "Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja's well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics." - Prof. Dr. Stefan Kroell, Chairman of the Board of Directors of the German Arbitration Institute (DIS) "Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of 'sharp practices' in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants." - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration "From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker." - Harish Salve SA QC, Blackstone Chambers "This book shines a spotlight on arbitration's dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration." - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore

This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes-Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.