Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture.America's selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States' frequent--if selective--disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.

In a national context, geographical indications (GIs) are well entrenched in European historical, cultural and legal traditions, particularly in the production and marketing of wines and spirits. Arising from recent developments at the international level in the areas of intellectual property law, traditional knowledge, and biodiversity however, many developing countries, Indigenous Peoples and Local Communities are considering using GIs to protect traditional knowledge in developing countries and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters in this respect, there is appreciable research dearth on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks.The book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law and policy-making to address the inadequacies of the existing global Intellectual Property Rights system in accommodating traditional knowledge. The book analyzes the reception, interest and nuanced reactions towards GIs from developing countries and advocates of development in the various legal and non-legal regimes that provide alternative platform for discussions and elaboration of intellectual property policies, such as the World Trade Organization, World Intellectual Property Organization, the Convention on Biological Diversity and the Food and Agricultural Organization. The book argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products and to benefit from the flexibility inherent in providing a means of GIs protection to suit different circumstances on a case-by-case basis.

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being 'intra-state' wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court's advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

Cities around the globe struggle to create better and more equitable access to important destinations and services, all the while reducing the energy consumption and environmental impacts of mobility. An Introduction to Sustainable Transportation illustrates a new planning paradigm for sustainable transportation through case studies from around the world with hundreds of valuable resources and references, color photos, graphics and tables. The second edition builds and expands upon the highly acclaimed first edition, with new chapters on urban design and urban, regional and intercity public transportation, as well as expanded chapters on automobile dependence and equity issues; automobile cities and the car culture; the history of sustainable and unsustainable transportation; the interrelatedness of technologies, infrastructure energy and functionalities; and public policy and public participation and exemplary places, people and programs around the globe. Among the many valuable additions are discussions of autonomous vehicles (AVs), electric vehicles (EVs), airport cities, urban fabrics, urban heat island effects and mobility as a service (MaaS). New case studies show global exemplars of sustainable transportation, including several from Asia, a case study of participative and deliberative public involvement, as well as one describing life in the Vauban ecologically planned community of Freiburg, Germany. Students in affiliated sustainability disciplines, planners, policymakers and concerned citizens will find many provides practical techniques to innovate and transform transportation.

Small Island Developing States are often depicted as being among the most vulnerable of all places to the effects of climate change, and they are a cause c l bre of many involved in climate science, politics and the media. Yet while small island developing states are much talked about, the production of both scientific knowledge and policies to protect the rights of these nations and their people has been remarkably slow.This book is the first to apply a critical approach to climate change science and policy processes in the South Pacific region. It shows how groups within politically and scientifically powerful countries appropriate the issue of island vulnerability in ways that do not do justice to the lives of island people. It argues that the ways in which islands and their inhabitants are represented in climate science and politics seldom leads to meaningful responses to assist them to adapt to climate change. Throughout, the authors focus on the hitherto largely ignored social impacts of climate change, and demonstrate that adaptation and mitigation policies cannot be effective without understanding the social systems and values of island societies.

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

The European Neighbourhood Policy is a key part of the foreign policy of the European Union (EU), through which the EU works with its southern and eastern neighbours with a view to furthering its interests and achieving the closest possible degree of political association and economic integration. The policy is underpinned by a set of values and principles that the EU seeks to promote. The European Neighbourhood Policy - Values and Principles carries out a legal analysis of the values and principles that form the basis for the European Neighbourhood Policy - respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights (including the rights of minorities), plus the principles of conditionality, differentiation and coherence. This collection explores the instruments that the EU has deployed under the European Neighbourhood Policy to spread its values and to achieve its interests. It assesses to what extent the EU has been (and is) consistent in upholding its values in its relations with neighbouring countries, and examines how these values have been received by these countries. The book looks in particular at the nature of EU-Russia relations, seeking to identify areas of common interest as well as those of actual and potential disagreement.

Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. Yet, despite the best efforts of international institutions, scholars and others to assert the
universal application of international law, its relevance and applicability has been influenced, if not directed, by political power.Today, the "decline of the West" and ascent of China and India poseparticular challenges for international law and institutions. The international system appears to be moving towards multipolarity, with various sites of power competing to exert influence in the world today.

With contributors from a variety of countries providing perspectives from the disciplines of international law and international relations theory, International Law in a Multipolar World addresses the implications that multipolarity poses for the international legal system. Contributors including Jean d'Aspremont, J rg Kammerhofer, Alexander Orakhelashvili, Christian Pippan and Nigel White, explore issues such as the use of force, governance and democracy, regionalism and the relevance of the United Nations in a multipolar world, while considering the overarching theme of the relationship between power and law.

International Law in a Multipolar World is of particular interest to academics and students of public international law, international relations theory and international politics.

This book deals with a key feature of globalization: the rise of regulation beyond the state. It examines the emergence of transnational regulatory cooperation between public and private actors and pursues an inquiry that is at once legal, empirical and theoretical. It asks why a private actor and an international organization would regulate cooperatively and what this tells us about the material meaning of concepts such as 'expertise', 'authority' and 'legitimacy' in specific domains of global governance. Additionally, the book addresses the structures and patterns in which cooperation evolves and how this affects the broader global order. It does so through an investigation of two public-private cooperative agreements: one between the International Standards Organization, the Organisation for Economic Co-operation and Development, the Global Compact and the International Labor Organization and one between the International Olympic Committee and the United Nations Environment Programme.

'Ferrazzi is breaking new ground in defining what leadership can mean in the emerging world of work' -Arianna Huffington, founder and CEO of Thrive Global 'Ferrazzi has gone into the trenches to figure out what it really takes to empower people and make teams more than the sum of their parts. This book will be a staple in every leader's library' -Adam Grant, host of the TED podcast WorkLife, bestselling author of Give and Take and Originals Long-listed for the CMI Management Book of the Year 2021 The world of work is changing at an unprecedented rate leaving many organisations struggling to cope. At a time when constant innovation, agility, and speed often mean the difference between success and failure, we can no longer afford to waste time navigating the complex bureaucracy present in most companies. The #1 New York Times bestselling author Keith Ferrazzi argues that in times like these the ability to lead without authority is the essential workplace competency. Leading Without Authority reveals the secret to getting those around you to collaborate and cooperate to reach their full potential, whatever your title. The answer involves a shift in mindset that Ferrazzi calls co-elevation - working to elevate those around us. And you don't have to have formal authority, or direct reports, to utilize the co-elevation process. In fact, you can take initial steps forward without the other person even being aware of your efforts. Drawing on a decade of research and over thirty years helping CEOs and senior leaders drive innovation and build high-performing teams Ferrazzi reveals how we can all transform our business and our relationships with the people around us. The result is a new roadmap for thriving amid the disruptive pressures afflicting every industry.

Marketing Global Justice is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values.

International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries' approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. Chapter "What Are and to What Avail Do We Study European International Law Traditions?" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Counter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another. This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.

This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today's world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different - more or less onerous - obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

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, which was 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.

The European Neighbourhood Policy is a key part of the foreign policy of the European Union (EU), through which the EU works with its southern and eastern neighbours with a view to furthering its interests and achieving the closest possible degree of political association and economic integration. The policy is underpinned by a set of values and principles that the EU seeks to promote. The European Neighbourhood Policy - Values and Principles carries out a legal analysis of the values and principles that form the basis for the European Neighbourhood Policy - respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights (including the rights of minorities), plus the principles of conditionality, differentiation and coherence. This collection explores the instruments that the EU has deployed under the European Neighbourhood Policy to spread its values and to achieve its interests. It assesses to what extent the EU has been (and is) consistent in upholding its values in its relations with neighbouring countries, and examines how these values have been received by these countries. The book looks in particular at the nature of EU-Russia relations, seeking to identify areas of common interest as well as those of actual and potential disagreement.

Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 190 is devoted to the 2016 Judgment on preliminary objections and the 2017 Order on counter-claims of the International Court of Justice in Nicaragua v. Colombia, Maritime Delimitation in the Caribbean Sea and the Pacific Ocean and Land Boundary in the Northern Part of Isla Portillos (Costa Rica v. Nicaragua), the 2019 Final arbitral award on reparations in The Duzgit Integrity (Republic of Malta v. Sao Tome and Principe), and the 2019 Judgment of the English High Court in Heiser's Estate and Others v Islamic Republic of Iran.

Negotiations on trade facilitation were concluded at the WTO 9th Ministerial Conference in 2013, and the Agreements on Trade Facilitation (TFA), therefore, became the first fully multilateral agreement in WTO history. Since then, trade facilitation has been in the limelight on the stage of the world trading system. During recent years, the TFA has been consistently on the agenda of the summits of G20, G7, and APEC. The Agreement has come into force and shall be implemented on a global scale. As a result, the WTO members shall be prepared to translate the Agreement into their domestic legislation, which will involve a series of reforms in trade laws and policies. There are extensive voices demanding a comprehensive expatiation on trade facilitation and the TFA. It is essential to systematically delve into the genesis of trade facilitation, revisit the course where the TFA came into being, and analyse the well-turned legalese of the TFA. This book meets this demand. This book is path-breaking in these aspects: it expounds on the rationales for trade facilitation and the significance of constituting an international accord on trade facilitation; it restores the one-century track of the international community's talks on trade facilitation, from the times of the League of Nations to the WTO era; it reveals how the WTO negotiating mechanisms enabled the TFA to be nailed down, which would be enlightening for trade diplomats engaged in other WTO negotiations; and it provides an in-depth commentary on the TFA articles, which will help stakeholders more accurately understand and implement the Agreement. This book will be especially valuable for government officials and policy-makers, trade practitioners, lawyers, advisers, and scholars interested in international economic law, WTO law, international trade, international relations, and international development studies.

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as 'responsibility to protect' and 'sovereignty as responsibility' have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.

The first edition of Public Policies for Environmental Protection contributed significantly to the incorporation of economic analysis in the study of environmental policy. Fully revised to account for changes in the institutional, legal, and regulatory framework of environmental policy, the second edition features updated chapters on the EPA and federal regulation, air and water pollution policy, and hazardous and toxic substances. It includes entirely new chapters on market-based environmental policies, global climate change, solid waste, and, for the first time, coverage of the Safe Drinking Water Act. Portney, Stavins, and their contributors provide an invaluable resource for researchers, policymakers, industry professionals, and journalists---anyone who needs up-to-date information on U.S. environmental policy. With their careful explanation of policy alternatives, the authors provide an ideal book for students in courses about environmental economics or environmental politics.

This book offers a general framework for a better understanding of the differences and similarities between the institutional rules of intergovernmental organizations that include parliamentary elements, and analyzes the role of various types of international parliamentary assemblies in the system of global governance, as well as insights into the process known as "parliamentarization of international organizations." Firstly, it presents a case study of various types of international parliamentary assemblies, which is then used to analyze the law of particular international organizations that include parliamentary assemblies or relate to them. Secondly, the book compares two parliamentary assemblies of international organizations - the Parliamentary Assembly of the Organization for Security and Co-operation in Europe (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) - in terms of structure, powers, and relations with their IGOs. It also investigates the activities of assemblies and their cooperations for the purpose to explore the positive effects of the work of international parliamentary assemblies and their potential for having an impact at the national level. Lastly, the book analyzes the tangible and desirable powers of international assemblies by comparing examples of existing international parliamentary assemblies with the UN Parliamentary Assembly project. Based on that, the author compiles a list of essential requirements and principles for effective international parliamentary assemblies.

Is the EU isolated within the emergent multipolar world? Concentrating on interregional relations and focussing on the European Union's (EU) evolving international role with regards to regional cooperation, this innovative book collects a set of fresh empirical analyses of interregional ties binding the EU with its Eastern and Southern neighbourhood, as well as with Asia, Africa and the Americas. The 25 leading authors from 5 continents have contributed original and diverse chapters and the book advances a novel theoretical 'post-revisionist' approach beyond both the Eurocentrism of 'Europe First' perspectives as well as the Euroscepticism of those advocating to simply move 'Beyond Europe'. After a Foreword by A. Acharya, the book's five sections reflect the main drivers of EU interregional policies: The European Union as a Sophisticated Laboratory of Regional and Interregional Cooperation (with chapters by M. Telo, L. Fawcett and T. Risse), De Facto Drivers of Regionalism (F. Ponjaert, M. Shu, A. Valladao and C. Jakobeit), De Jure Drivers of Regionalism (S. Lavenex, G. Finizio, C. Jakobeit, R. Coman, C. Cocq & S. Teo L-Shah), Cognitive Drivers of Regionalism (J. Ruland, E. Fitriani, S. Stavridis & S. Kingah, P. Bacon), and Instrumental Drivers of Regionalism (B. Delcourt, C. Olsson & G. Muller, A. Malamud & P. Seabra and L. Fioramonti & J. Kostopoulos).

This collection brings together selected articles on key areas in the field of cultural heritage rights discourse. Contributed by an international group of scholars, the papers address conceptual and political issues and explore themes in contemporary literature on cultural heritage such as repatriation, looting and illicit trade, the effects of armed conflict and the relationship between tourism, economic development and cultural heritage. The legal regulation of cultural heritage is also discussed, with articles on regulatory challenges, current practices around the world and issues and challenges in common. Topics which are likely to become increasingly important in the future, such as climate change, cultural globalisation, human genomic science and the shift to a post-liberal, post-rights politics and law of cultural heritage, are also explored. This volume, which presents the most up-to-date scholarship in an area of increasing interest and relevance, is an indispensable reference resource for libraries, lecturers and students.

This book explores the scope and limits of what is appropriate for regional action in the maintenance of peace and security. It offers a comparative study of legal regulation of the use of force in the maintenance of peace and security of different security regions in the context of the UN system and general international law. The book examines the post-Cold War legal documents and practice of the regional organizations of six security regions of the world (Africa, Asia, the Americas, the Middle East, the Russian sphere of influence and the Euro-Atlantic region), and in doing so offers a unique international and comparative perspective towards regional characteristics that may influence the possibility for coherent action in a UN context. Dace Winther explores the controversial topics of regional humanitarian intervention and robust regional peacekeeping without a UN mandate, what is regarded as appropriate for regional action in different security regions of the world, and if the approaches of the regions differ, what factors could have an influence. The book is highly relevant in a global climate where regional mechanisms take an ever more active part in the maintenance of international peace and security, including the use of force. The book will be of great interest to students and academics of International Law, International Relations and Security Studies.

The world's energy structure underpins the global environmental crisis and changing it will require regulatory change at a massive level. Energy is highly regulated in international law, but the field has never been comprehensively mapped. The legal sources on which the governance of energy is based are plentiful but they are scattered across a vast legal expanse. This book is the first single-authored study of the international law of energy as a whole. Written by a world-leading expert, it provides a comprehensive account of the international law of energy and analyses the implications of the ongoing energy transformation for international law. The study combines conceptual and doctrinal analysis of all the main rules, processes and institutions to consider the past, present and likely future of global energy governance. Providing a solid foundation for teaching, research and practice, this book addresses both the theory and real-world policy dimension of the international law of energy.