What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.

This book provides the first comprehensive comparison of the Aircraft Maintenance Program (AMP) requirements of the two most widely known aviation regulators: the European Aviation Safety Agency (EASA) and the Federal Aviation Administration (FAA). It offers an in-depth examination of the elements of an AMP, explaining the aircraft accident investigations and events that have originated and modelled the current rules. By introducing the Triangle of Airworthiness model (Reliability, Quality and Safety), the book enables easier understanding of the processes by which an aircraft and its components are deemed to be in a safe condition for operation from a cost-effective and optimization perspective. The book compares the best practices used by top airlines and compiles a series of tools and techniques to improve the standards of the AMP. Aircraft maintenance engineers, students in the field of aerospace engineering, and airlines staff, as well as researchers more widely interested in safety, quality, and reliability will benefit from reading this book

This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfill its developmental aspirations. Following on from the highly acclaimed Part 1 and Part 2, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent's social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin America's people out of poverty, there is still much that needs to be done to fulfill the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Latin America's goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.

The purpose of this work is to analyze the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. This publication is based on the analysis of normative acts (in Poland and other selected European countries) and judicial decisions (mainly Polish). The result of the study is an attempt to settle the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and an optimization model of the functioning of general clauses in the legal order.

This major book - edited by a leading authority - presents a careful selection of papers which analyse international law from a rational choice perspective. Interdisciplinary in scope, it includes work by professors in law, political science and economics. It addresses the proposition that states act rationally and behave in ways that are in the interest of their populations or internal groups. Topics include international adjudication, human rights law, compliance with international law, sanctions andinternational legal responsibility.The book will be an essential source of reference for scholars and students working in international law, international relations and related fields.

This book studies the topic of forced climate migrants (commonly referred to as "climate refugees") through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change-to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a "forced climate migrants law" could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

This book provides an extensive overview of the protection of cultural heritages sites on the Moon (humanity's lunar heritage) and the various threats they face. First of all, the international legal framework, especially the relevant space treaties are analyzed in terms of how they protect cultural heritages sites on the Moon. In turn, the book explores key aspects like the application of customary law, the UNESCO World Heritage Convention, or the Underwater Convention, and the possibility of adding these sites to UNESCO's World Heritage list. The book subsequently addresses the question of how to define culture heritage sites or artifacts, in particular in view of the "Outstanding Universal Value" criterion, which is a vital aspect in order to differentiate them from space garbage or even space threats. Lastly, the book proposes and elaborates on various protection systems and multilateral protection regulations. Especially now, 50 years after the first human landing on the Moon, the book is a timely publication that will be of interest to all scholars and professionals working in the space field.

This edited volume discusses how even small nation states can make a significant difference in the future of space governance. The book is divided into three main sections covering political theory, case studies, and space technology and applications. Key topics of discussion include planetary defense, space mining, and high-power systems in space. Through these timely subjects, the book presents strategies for developing a truly global governance framework in space, based on the concept of a responsible cosmopolitan state. Authored by a multidisciplinary group of researchers from the Czech Republic, the volume will appeal to other scientific teams and policymakers looking to become pioneers of cosmopolitan space policies at a national and global level.

A. GENERAL BACKGROUND "The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. " 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990's the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, "Legal Considerations Affecting Commercial Space Launches From International Territory", (1999) 50 IISL at 10. Emphasis added. 2 H. L.

This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission's powers to adopt these important acts relates to subjects' democratic rights. Accordingly, the book explores the question of how the Commission's powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships - loyalty - can be included in the rule-making process.

This book successfully represents the indispensable interdisciplinarity of viewpoints by its authors combining legal perspectives with architectural and anthropological approaches. With the observation and analysis presented here, this book is the first to demonstrate research-based governance solutions for cultural heritage within the process of recovering from traumatic events. Its opening statement is that universal international standards are not effective enough for the specific situations of disaster-struck places. A major objective of this monograph is to allow its readers to go through a learning experience, from plural cases where reconstruction of cultural heritage became central to rebuilding a post-disaster society. This book introduces Japan as the most disaster-prone country, with a long history of confronting and overcoming the power of nature, resulting in its unique solutions for cultural heritage resilience and sustainability. But how do leadership and decision making become efficient in times of recovery? Bearing in mind what may be lacking in Japanese practices, this work also presents comparable governance models from other countries which indicate alternative solutions. While a traumatic event may occur within one night, the process of recovery could last for decades. Such disasters also tend to recur. In order that directly affected communities can sustain resilience throughout the long recovery period, and that equally severe social trauma will not be repeated, a continuous, well-maintained governance response is required, whether grounded in local knowledge or national policy frameworks. At the heart of this book is the matter of the reconstruction process involving networks of small and large communities. Each of those has a role that becomes operational through linkages of contacts, the interchange of knowledge and skills, and above all through the sharing of common goals.

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries' solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book's target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

This book argues that Sierra Leone's ten-year civil conflict demonstrates the criticality of freedom of information (FOI) as a facet of good governance where corruption thrives, spanning both public and private sectors, if Sierra Leone's continued security and stability are to be ensured. It argues that it was the absence of an anti-corruption tool like FOI and its attendants, transparency, and accountability, in governance generally, and in the area of the extractive industry in particular, that lead to other social phenomena which directly sparked the war. It proffers that for the continued consolidation of peace, security, stability and development in Sierra Leone, transparency and accountability must be ensured by protecting and implementing the demand driven anti-graft FOI. Straddling the disciplines of law, political science, public policy, and history, the book's major premise is that it was the absence of FOI in the area of governance and the extractive industry, which enabled politicians, civil servants and the politically connected to ransom and exploit Sierra Leone's mineral resources for their own profit with impunity, a state of affairs which led to underdevelopment, state collapse and an embittered civil populace especially the youth. The book postulates that as such any attempt to ensure long-term peace in Sierra Leone, should seek to avoid replicating the conditions that gave rise to that gruesome conflict- elites expropriation of national resources through endemic graft. The book proposes the comprehensive and effective implementation of the Right to Information Act 2013.

This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what - if any - the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

This book focuses on underexploited data drawn from various legal disputes over the Doraleh Container Terminal in order to paint a portrait of SSC when it comes to infrastructure financing and construction in Africa as provided both by the UAE and China. By producing a detailed account of the drivers behind these disputes as well as the broader political outcomes they have generated, this study provides invaluable conceptual and empirical lessons on the contemporary meaning of SSC. In doing so, it helps readers garner a more acute understanding of the role played by Global South states and the private sector (SOEs) against the backdrop of SSC.

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU.
This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competencies and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy.
Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.

Amid a global health crisis, the process for declaring a Public Health Emergency of International Concern (PHEIC) is at a crossroads. As a formal declaration by the World Health Organization, a PHEIC is governed by clear legislation as to what is, and what is not, deemed a global health security threat. However, it has become increasingly politicized, and the legal criteria now appear to be secondary to the political motivation or outcome of the announcement. Addressing multiple empirical case studies, including COVID-19, this multidisciplinary book explores the relationship between international law and international relations to interrogate how a PHEIC is declared and its role in how we collectively respond to outbreaks.

Terrorism: International Case Law Reporter is an annual collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases in this series cover topics as diverse as human rights, immigration, freedom of speech, and organizational status. This unique series serves scholars, students, and practitioners seeking an authoritative and comprehensive resource for security law research like no other product on the market. The 2009 edition highlights the increasingly interconnected nature of terrorism as a transnational legal problem. Several cases address the interface of domestic law with international obligations in the context of armed conflict. This volume is also notable for the depth of consolidated criminal law cases. R v. Horncastle and Others, a case from the United Kingdom, provides an extensive analysis of the parameters for the admissibility of hearsay evidence, and thus helps readers understand the core of perhaps the most important of the controversies surrounding the ongoing trials held at Guantanamo Bay following the amendments to the U.S. Military Commissions Act enacted during the Obama administration. This series serves a unique and growing importance as the one source that juxtaposes international decisions with those emanating from domestic forums. The comprehensive index then helps the reader to synthesize the commonality of issues.

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

This book describes the global legal framework for safeguarding the "Intangible Cultural Heritage" - as defined by the UNESCO Convention in 2003 - and analyses its use in selected countries in the Americas, Asia, Africa and Europe. Each of the contributions has been prepared by high profile experts and strategically addresses countries that are representative for their corresponding area. Our understanding of the term "Cultural Heritage" has changed considerably over the past few decades, and it is becoming increasingly clear that the concept also includes traditions and living expressions that we inherit from our ancestors and pass on to our descendants. UNESCO has recognised and responded to this change of perspective, creating through the 2003 Convention an international instrument for safeguarding the "Intangible Cultural Heritage", a notion including oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, as well as the knowledge and skills needed to produce traditional crafts. New values, practices and heritages were recognized - from the ancient African rituals to the Mexican Mariachi musical expression to the Brazilian Samba and the Mediterranean Diet - all of which convey strong social and cultural meaning for their community's identity. Intangible Cultural Heritage is a growing, relatively recent field of study and also an emblem of the dialogue between distant populations with different cultures, which is the reason why a comparative approach is the most appropriate basis for conducting an analysis of how the contracting states to the Convention live up to their commitments through national safeguarding measures and enhancement policies or through international cooperation projects.

Terrorism: Commentary on Security Documents Volume 104: Current Trends brings readers up to date on the major trends in U.S. counter-terrorism efforts. In this volume, General Editors Doug Lovelace, Kristen Boon and Aziz Huq categorize the selected documents into three realms: strategic trends, economic trends, and intelligence trends. In the strategic realm, Lovelace provides helpful commentary on such underreported national security threats as the threat of conventional arms posed by developing countries. The main economic trend that this volume explores is the immense economic burden created by the US military campaigns in Afghanistan and Iraq. The last section of this volume presents the latest information on how technology is improving the intelligence capabilities of the U.S. military. In particular, Volume 104 (Current Trends) details how the U.S. military has adjusted its counter-terror strategy in light of the Global War on Terrorism's open-ended, seemingly endless nature. Lovelace's commentary and document selection also reveal the problem the U.S. federal government faces in its commitment to insure victims of terrorism for their losses. Lastly, this volume shows how the U.S. intelligence community has now sought to improve its effectiveness by studying the non-terrorist criminal steps that extremist groups take in preparation for an attack.