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Books > Law > International law > Public international law > General

The Asian Turn in Foreign Investment (Hardcover): Mahdev Mohan, Chester Brown The Asian Turn in Foreign Investment (Hardcover)
Mahdev Mohan, Chester Brown
R3,212 Discovery Miles 32 120 Ships in 10 - 15 working days

This collection critically discusses the increasing significance of Asian States in the field of international investment law and policy. Consisting of contributions authored by a leading team of scholars and practitioners of international investment law, this volume contains analyses of both national and multilateral investment law rule-making in Asia, including a critical discussion of certain States' approaches to balancing the different tension between investment protection and the preservation of States' regulatory sovereignty. It also contains thematic chapters on cutting-edge developments which are of relevance to Asia as well as the global community, such as investors' obligations of due diligence, additional transparency in treaty-based investment arbitration responses by ASEAN member States to transboundary haze pollution, and the relevance of human rights obligations in international investment law. It also contemplates future possibilities for investor-State dispute settlement, including the use of investor-State mediation in view of the Singapore Convention on Mediation.

The Sovereignty Cartel (Hardcover): J. Samuel Barkin The Sovereignty Cartel (Hardcover)
J. Samuel Barkin
R2,145 Discovery Miles 21 450 Ships in 10 - 15 working days

Sovereignty is the subject of many debates in international relations. Is it the source of state authority or a description of it? What is its history? Is it strengthening or weakening? Is it changing, and how? This book addresses these questions, but focuses on one less frequently addressed: what makes state sovereignty possible? The Sovereignty Cartel argues that sovereignty is built on state collusion - states work together to privilege sovereignty in global politics, because they benefit from sovereignty's exclusivity. This book explores this collusive behavior in international law, international political economy, international security, and migration and citizenship. In all these areas, states accord rights to other states, regardless of relative power, relative wealth, or relative position. Sovereignty, as a (changing) set of property rights for which states collude, accounts for this behavior not as anomaly (as other theories would) but instead as fundamental to the sovereign states system.

International Law and the Politics of History (Hardcover): Anne Orford International Law and the Politics of History (Hardcover)
Anne Orford
R2,086 Discovery Miles 20 860 Ships in 10 - 15 working days

As the future of international law has become a growing site of struggle within and between powerful states, debates over the history of international law have become increasingly heated. International Law and the Politics of History explores the ideological, political, and material stakes of apparently technical disputes over how the legal past should be studied and understood. Drawing on a deep knowledge of the history, theory, and practice of international law, Anne Orford argues that there can be no impartial accounts of international law's past and its relation to empire and capitalism. Rather than looking to history in a doomed attempt to find a new ground for formalist interpretations of what past legal texts really mean or what international regimes are really for, she urges lawyers and historians to embrace the creative role they play in making rather than finding the meaning of international law.

Internal Self-Determination in International Law - History, Theory, and Practice (Hardcover): Kalana Senaratne Internal Self-Determination in International Law - History, Theory, and Practice (Hardcover)
Kalana Senaratne
R2,759 Discovery Miles 27 590 Ships in 10 - 15 working days

Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.

International Procedure in Interstate Litigation and Arbitration - A Comparative Approach (Hardcover): Eric De Brabandere International Procedure in Interstate Litigation and Arbitration - A Comparative Approach (Hardcover)
Eric De Brabandere
R3,158 Discovery Miles 31 580 Ships in 10 - 15 working days

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

The Rights and Obligations of States in Disputed Maritime Areas (Hardcover): Youri Van Logchem The Rights and Obligations of States in Disputed Maritime Areas (Hardcover)
Youri Van Logchem
R3,127 Discovery Miles 31 270 Ships in 10 - 15 working days

Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.

Human Choice in International Law (Hardcover): Anna Spain Bradley Human Choice in International Law (Hardcover)
Anna Spain Bradley
R2,489 Discovery Miles 24 890 Ships in 10 - 15 working days

Human Choice in International Law is an exploration of human choice in international legal and political decision making. This book investigates the neurobiology of how people choose and the history of how personal choice has affected decisions about international peace and security. It charts important decision moments in international law about genocide, intervention into armed conflict and nuclear weapons at the central institutions of the international legal order. Professor Spain Bradley analyzes the role that particular individuals, serving as international judges or Security Council representatives, play in shaping decision outcomes and then applies insights from neuroscience to assert the importance of analyzing how cognitive processes such as empathy, emotion and bias can influence such decisionmakers. Drawing upon historical accounts and personal interviews, this book reveals the beauty and struggle of human influences that shape the creation and practice of international law.

Do-Gooders at the End of Aid - Scandinavian Humanitarianism in the Twenty-First Century (Hardcover, New Ed): Antoine De Bengy... Do-Gooders at the End of Aid - Scandinavian Humanitarianism in the Twenty-First Century (Hardcover, New Ed)
Antoine De Bengy Puyvallee, Kristian Bjorkdahl
R2,761 Discovery Miles 27 610 Ships in 10 - 15 working days

Scandinavian countries are routinely considered exceptional for their commitment to development cooperation, peace mediation, and humanitarian action. This book highlights how the political culture of Scandinavia is indeed characterized by the idea of doing good on the world stage, but then shows how this 'Scandinavian humanitarian brand' is an asset that policymakers and others can capitalize on to legitimize policy interventions and ideas, or to advance commercial, diplomatic, and security interests. Providing case studies from all Scandinavian countries, this book shows how the brand is made, reinforced, and used in a variety of policy contexts, from foreign aid and humanitarian assistance; to military operations, peace-building, and mediation; to migration policy, global health, and international cooperation. A key objective of the book is to explain why the Scandinavian humanitarian brand retains such apparent resilience in a time when Scandinavia's characteristic approach to world affairs seems challenged from many sides at once. This title is also available as Open Access on Cambridge Core.

International Economic Dispute Settlement - Demise or Transformation? (Hardcover): Manfred Elsig, Rodrigo Polanco, Peter van... International Economic Dispute Settlement - Demise or Transformation? (Hardcover)
Manfred Elsig, Rodrigo Polanco, Peter van den Bossche
R3,181 Discovery Miles 31 810 Ships in 10 - 15 working days

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.

Local Meanings of Proportionality (Hardcover): Afroditi Marketou Local Meanings of Proportionality (Hardcover)
Afroditi Marketou
R2,796 Discovery Miles 27 960 Ships in 10 - 15 working days

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

Gerrymandering the States - Partisanship, Race, and the Transformation of American Federalism (Hardcover): Alex Keena, Michael... Gerrymandering the States - Partisanship, Race, and the Transformation of American Federalism (Hardcover)
Alex Keena, Michael Latner, Anthony J. McGann McGann, Charles Anthony Smith
R2,161 Discovery Miles 21 610 Ships in 10 - 15 working days

State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.

EU Law in Populist Times - Crises and Prospects (Paperback): Francesca Bignami EU Law in Populist Times - Crises and Prospects (Paperback)
Francesca Bignami
R1,412 Discovery Miles 14 120 Ships in 10 - 15 working days

The rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates - economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.

Sovereignty and the Responsibility to Protect - The Power of Norms and the Norms of the Powerful (Hardcover): Theresa Reinold Sovereignty and the Responsibility to Protect - The Power of Norms and the Norms of the Powerful (Hardcover)
Theresa Reinold
R4,202 Discovery Miles 42 020 Ships in 12 - 17 working days

This book explores how the bedrock institution of today's global order - sovereignty - is undergoing transformation as a result of complex interactions between power and norms, between politics and international law. This book analyses a series of controversial military interventions into the internal affairs of "irresponsible sovereigns" and discusses their consequences for the rules on the use of force and the principle of sovereign equality. Featuring case studies on Kosovo, Darfur and Afghanistan, It shows that frames from one discourse (for example the debate over the responsibility to protect) have been imported into other discourses (on counter-terrorism and nuclear non-proliferation) in an attempt to legitimize a bold challenge to the global legal order. Although the 'demise' of sovereignty is widely debated, this book instead seeks to 'deconstruct' sovereignty by explaining how this institution has been reconstituted by global powers whose hegemonic law-making activities have popularized the notion of sovereignty as responsibility. Drawing on international relations theory, international law and sociology, Sovereignty and the Responsibility to Protect develops a truly interdisciplinary perspective on the transformation of sovereignty and will be of strong interest to students and scholars in these fields.

Tipping Points in International Law - Commitment and Critique (Hardcover): Jean d'Aspremont, John Haskell Tipping Points in International Law - Commitment and Critique (Hardcover)
Jean d'Aspremont, John Haskell
R3,146 Discovery Miles 31 460 Ships in 10 - 15 working days

Addressing some of the most perilous, controversial issues in international law and governance, this volume brings together legal scholars from diverse geographic, personal and scholarly perspectives. They reflect on the pervasive feeling of crisis in the world today and share their views on the possibilities and limits of the international legal architecture and its expert communities in shaping the world of tomorrow. What exactly is this feeling that the contemporary international legal architecture is at a tipping point? What do these possible risks expose about the fragility and limits of our current conceptual and institutional order? What commitments drive our hopes and anxieties? Authors explore these questions across a wide range of possible tipping points and offer readers a unique snapshot of the lived experience of what it means to be an expert engaged right now in international law and governance. Each chapter covers both theory and practice in analysing a current problem.

Globalization and New International Public Works Agreements in Developing Countries - An Analytical Perspective (Hardcover, New... Globalization and New International Public Works Agreements in Developing Countries - An Analytical Perspective (Hardcover, New Ed)
Mohamed A.M. Ismail
R4,523 Discovery Miles 45 230 Ships in 12 - 17 working days

This book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.

Biodiversity and Nature Protection Law (Hardcover): Elisa Morgera, Jona Razzaque Biodiversity and Nature Protection Law (Hardcover)
Elisa Morgera, Jona Razzaque
R6,440 Discovery Miles 64 400 Ships in 12 - 17 working days

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. The unprecedented degradation of the planet's vital ecosystems and species, and the consequent damage to the variability of life on Earth, are one of the most pressing issues confronting the international community. The purpose of this volume of the Elgar Encyclopedia of Environmental Law is to provide a critical assessment of international biodiversity law in the face of the failed attempts to reduce the global trend in irreversible biodiversity loss and the need to increase efforts, including through indirect drivers of change such as institutions, governance and legal frameworks. The volume assesses comprehensively how and to what extent international law has addressed the key concerns presently facing biodiversity conservation, made recourse to conventional and market-based approaches to biodiversity conservation and sustainable use, tackled cross-cutting issues, and considered direct as well as indirect changes in socio-economic conditions. In doing so, the volume examines the historical development, principles, themes and cross cutting issues of international biodiversity law. Each article, written by an invited expert in that field, contains an overview of the topic, provides a concise review of current knowledge, identifies new directions for cutting-edge research and offers an extensive bibliography. This major research-focused resource and its in-depth exploration of the field of biodiversity law is an essential reference for university students, teachers, researchers, practitioners and policy makers. Contributors include: N. Affolder, S. Aguilar, S. Alam, R.A. Barnes, V. Barral, S.W. Burgiel, A. Cardesa-Salzmann, C. Chiarolla, A. Cliquet, N. Craik, N. de Sadeleer, L. de Silva, D. Diz, B. Ferreira de Souza Dias, A. Fodella, K. Garforth, A. Gupta, V. Jenkins, H.C. Jonas, A. Kotsakis, A. Langlais, S. Maljean-Dubois, E. Morgera, R. Moynihan, M. Ntona, A. Orsini, R. Pavoni, N. Peralta, F. Perron-Welch, D. Piselli, J. Razzaque, S. Romppanen, A. Savaresi, N. Schabus, H. Schoukens, P. Schwartz, E.J. Techera, E. Tsioumani, H. van Asselt, M. Wemaere, C. Willmore,

Experiments in International Adjudication - Historical Accounts (Paperback): Ignacio De La Rasilla, Jorge E. Vinuales Experiments in International Adjudication - Historical Accounts (Paperback)
Ignacio De La Rasilla, Jorge E. Vinuales
R1,101 Discovery Miles 11 010 Ships in 10 - 15 working days

The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.

Electrified Democracy - The Internet and the United Kingdom Parliament in History (Hardcover): Andrew Blick Electrified Democracy - The Internet and the United Kingdom Parliament in History (Hardcover)
Andrew Blick
R2,815 Discovery Miles 28 150 Ships in 10 - 15 working days

The story of how the UK Parliament came to use the Internet from the 1960s onwards has never been told. Electrified Democracy places the impact of technology on parliamentary workings in its longer term historical context. The author identifies repeating patterns of perception and analysis, and cultural tendencies in the perception of inventions dating back over centuries that have reasserted themselves in connection with the parliamentary response to networked computers. He uncovers evidence and makes new connections, while situating all this within the wider global debates on connections between communication and democracy in the age of the Internet, constitutional law and history, and 'law and technology'. This book will be of interest to a wide readership including policy makers, researchers, and all those interested in contemporary controversies about the role of the Internet in modern societies.

The Double-Facing Constitution (Paperback): Jacco Bomhoff, David Dyzenhaus, Thomas Poole The Double-Facing Constitution (Paperback)
Jacco Bomhoff, David Dyzenhaus, Thomas Poole
R1,180 Discovery Miles 11 800 Ships in 10 - 15 working days

This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law.

The Syrian War - Between Justice and Political Reality (Paperback): Hilly Moodrick-Even Khen, Nir T. Boms, Sareta Ashraph The Syrian War - Between Justice and Political Reality (Paperback)
Hilly Moodrick-Even Khen, Nir T. Boms, Sareta Ashraph
R1,005 Discovery Miles 10 050 Ships in 10 - 15 working days

Starting as a civil uprising calling for liberal reforms in March 2011, the unrest in Syria rapidly deteriorated into a proxy-led armed conflict involving multiple state-sponsored and non-state actors, including foreign militias and local armed groups. The current state of affairs in Syria, and the uncertainty regarding its future, raise numerous questions for scholars and practitioners of both international law and politics about justice within the context of a changing political reality in Syria. This book contributes uniquely to the scholarship on the Syrian war, raising voices from the Middle East and beyond not often heard within this research context. The volume is divided into three sections: Part I sets the factual and legal framework for the Syrian conflict; Part II focuses on the implications of the conflict for the Syrian neighbourhood; and Part III analyses possible post-conflict scenarios. Together, they address the key themes and questions of the conflicts.

The Unintended Consequences of Peace - Peaceful Borders and Illicit Transnational Flows (Hardcover): Arie Marcelo Kacowicz,... The Unintended Consequences of Peace - Peaceful Borders and Illicit Transnational Flows (Hardcover)
Arie Marcelo Kacowicz, Exequiel Lacovsky, Keren Sasson, Daniel F. Wajner
R2,532 Discovery Miles 25 320 Ships in 10 - 15 working days

Scholars of international relations generally consider that under conditions of violent conflict and war, smuggling and trans-border crime are likely to thrive. In contrast, this book argues that in fact it is globalisation and peaceful borders that have enabled transnational illicit flows conducted by violent non-state actors, including transnational criminal organizations, drug trafficking organizations, and terrorist cells, who exploit the looseness and demilitarization of borderlands. Empirically, the book draws on case studies from the Americas, compared with other regions of the world experiencing similar phenomena, including the European Union and Southeast Europe (the Western Balkans), Southern Africa, and Southeast Asia. To explain the phenomenon in itself, the authors examine the type of peaceful borders and regimes involved in each case; how strong each country is in the governance of their borderlands; their political willingness to control their peaceful borders; and the prevailing socio-economic conditions across the borderlands.

Sustainable Development Law in the UK - From Rhetoric to Reality? (Paperback, New): Andrea Ross Sustainable Development Law in the UK - From Rhetoric to Reality? (Paperback, New)
Andrea Ross
R1,493 Discovery Miles 14 930 Ships in 12 - 17 working days

Sustainable development is now widely accepted as a political objective in the UK and elsewhere but to what extent has the UK's rhetoric on sustainable development become a reality? The aim of this book is to critically examine the UK's approach to promoting and delivering sustainable development. It begins by providing a detailed account of UK law on sustainable development by reviewing the various policy, institutional and legal mechanisms used by the UK since the 1980s and by devolved administrations since devolution took effect in 1999. Progress has been slow, too slow and, according to the scientists, time is running out. To deal with this lack of progress, the book advocates increasing the status of ecological sustainability and sustainable development through the introduction of a wide range of legal mechanisms which would compel the change needed. The book calls for ecological sustainability, or respecting the Earth's environmental limits, to be afforded the status of legal principle and argues that with ecological sustainability at its normative core, sustainable development could provide an effective framework for decision making and governance. It argues that to support this approach and ensure consistency, the time has come for sustainable development to receive explicit legal backing. Over and above its symbolic and educational value, legislation can impose mandatory rules on policymakers and decision makers, often with meaningful consequences both inside and outside the courtroom. To this end, the book contributes to the theory on sustainable development governance by suggesting three possible legislative approaches for such intervention. The volume concludes that while a lack of leadership on sustainable development may hinder the introduction of these innovations, once introduced, these innovations would equally provide much needed support for effective leadership towards a sustainable future. Andrea Ross is a Reader in the School of Law at the University of Dundee and has taught and researched in the areas of public and environmental law for over 18 years. Before becoming an academic she qualified as a Barrister and Solicitor in Ontario, Canada. An Earthscan from Routledge book.

Minorities and the Making of Postcolonial States in International Law (Hardcover): Mohammad Shahabuddin Minorities and the Making of Postcolonial States in International Law (Hardcover)
Mohammad Shahabuddin
R2,786 Discovery Miles 27 860 Ships in 10 - 15 working days

The ideological function of the postcolonial 'national', 'liberal', and 'developmental' state inflicts various forms of marginalisation on minorities, but simultaneously justifies oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, the liberal-individualist architecture of rights, and the neoliberal economic vision of development. In this process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism. Analysing the geneses of ethno-nationalism in postcolonial states, Mohammad Shahabuddin substantiates these arguments with in-depth case studies on the Rohingya and the hill people of the Chittagong Hill Tracts, against the historical backdrop of the minority question in Indian nationalist and constitutional discourse. Shahabuddin also proposes alternative international law frameworks for minorities.

Human Dignity in International Law (Hardcover): Ginevra Le Moli Human Dignity in International Law (Hardcover)
Ginevra Le Moli
R3,158 Discovery Miles 31 580 Ships in 10 - 15 working days

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Advanced Introduction to International Tax Law - Second Edition (Hardcover, 2nd edition): Reuven S Avi-Yonah Advanced Introduction to International Tax Law - Second Edition (Hardcover, 2nd edition)
Reuven S Avi-Yonah
R2,691 Discovery Miles 26 910 Ships in 12 - 17 working days

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This second edition of the Advanced Introduction to International Tax Law provides an updated and succinct, yet highly informative overview of the key issues surrounding taxation and international law from Reuven Avi-Yonah, a leading authority on international tax. This small but powerful book surveys the nuances of the varying taxation systems, offering expert insight into the scope, reach and nature of international tax regimes, as well as providing an excellent platform for understanding how the principles of jurisdiction apply to tax and the connected tools that are used by countries in imposing taxes. New to this edition: New material on the OECD Base Erosion and Profit Shifting (BEPS) project Coverage of the EU's Anti Tax Avoidance Package Analysis of the US Tax Cuts and Jobs Act Key features include: defines and discusses the main types of jurisdiction to tax explains in depth both inbound and outbound taxation on both passive and active income delineates the source of income that is crucial for taxing non-residents and foreign tax credit discussion of transfer pricing, a variant of source-based taxation that lies at the heart of modern efforts to tax corporations at source explains how the above elements are influenced by tax treaties and looks at the future of the international tax regime. Composed of concise but insightful chapters, this revised second edition will prove to be a key resource for students of international tax law, as well as for scholars within the fields of tax law, international business law and international commercial law.

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