This book delivers an in-depth analysis of the US-DPRK Peace Treaty which will be concluded as a final result of the Korean Peninsula peace process that is currently ongoing. Since North Korea launched its nuclear weapons development program in the early 1990s, the Korean peninsula has become a critical point of global politics along with the Sino-American (G2) hegemonic competition. The US-DPRK Peace Treaty is the key to the denuclearization and de jure peace on the peninsula as well as Northeast Asia. Different from the comprehensive peace treaty between the four parties (US, China, and the two Koreas) already proposed for the past few years, the book suggests a 'bilateral' approach to the agreement between the US and the DPRK, which will trigger the peace as a system considering the US's practices in this regard after 1783. Such a challenging and provocative method provides deeper understanding of the legal and political circumstances for the expected US-DPRK Peace Treaty. The book will navigate scholars, practitioners, and students towards terminating the 1953 Armistice, establishing nuclear peace as well as a rapprochement between the two countries. In practice, it will be a useful guideline for the conflicting parties in the various parts of the globe to adopt peace treaties in the twenty-first century.

The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts' Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural aspects of the unilateral declarations of acceptance and the reservations added to these declarations.The author critically examines those reservations which undermine the system of compulsory jurisdiction and discusses the major controversies. She considers the various aspects of compulsory jurisdiction giving special attention to the States' practice, the Courts' jurisprudence and both Courts' relevant case law. The book contains a unique comparative analysis of all the declarations of acceptance made since the establishment of the Permanent Court of International Justice while also debating the shortcomings and the future of the system. This comprehensive study will strongly appeal to international law academics and advanced students as well as to practitioners involved with international judicial fora. Contents: 1. A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court's Jurisdiction 11. Reconsidering the Optional Clause System Index

- challenges some of the theoretical assumptions about ambiguity in EU law - presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU's leading preliminary rulings - will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism

This book explores the EU law notion of 'individual rights'. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts' 'rights language' in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The book will be of interest to scholars and practitioners of international law and politics.

This book is based on the findings, conclusions and recommendations of the Global Space Governance study commissioned by the 2014 Montreal Declaration that called upon civil society, academics, governments, the private sector, and other stakeholders to undertake an international interdisciplinary study. The study took three years to complete. It examines the drivers of space regulations and standards, key regulatory problems, and especially addresses possible improvements in global space governance. The world's leading experts led the drafting of chapters, with input from academics and knowledgeable professionals in the public and private sectors, intergovernmental organizations, and nongovernmental organizations from all the regions of the world with over 80 total participants. This book and areas identified for priority action are to be presented to the UN Committee on the Peaceful Uses of Outer Space and it is hoped will be considered directly or indirectly at the UNISPACE+50 event in Vienna, Austria, in 2018. The report, a collective work of all the contributors, includes objective analysis and frank statements expressed without pressure of political, national, and occupational concerns or interest. It is peer-reviewed and carefully edited to ensure its accuracy, preciseness, and readability. It is expected that the study and derivative recommendations will form the basis for deliberations and decisions at international conferences and meetings around the world on the theme of global space governance. This will hopefully include future discussion at the UN Committee on the Peaceful Uses of Outer Space.

The work of legal practitioners in the field of international law, particularly when working in a ministry of foreign affairs, takes place at the crossroads of international relations and international law. The legal advisers of ministries of foreign affairs provide advice on the content of international law, and how it should be interpreted and applied in a particular situation. Since Johan Lammers became Legal Adviser, the Netherlands - quite unexpectedly - was increasingly facing situations in which it would become involved in litigation concerning international law. The first essays in this collection deal with actual or potential interstate disputes involving the Netherlands before international courts and arbitral tribunals, followed by articles with respect to international courts and other international bodies before which individuals may appear as applicant or defendant. The final set of essays deal with the increasing number of cases in which international law is invoked in national court proceedings. This work provides insight into the role of the international legal practitioners working for the government of the Netherlands and should be of particular interest to their colleagues in other foreign ministries and other lawyers interested in a reflection on the law in action.

This fifth volume in the book series on Nuclear Non-Proliferation in International Law focuses on various legal aspects regarding nuclear security and nuclear deterrence. The series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at the University of Manitoba in Canada; a Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

Presents fifteen historical case studies of international cartels that include agricultural and mineral commodities, the machinery industry, telephone equipment, whiskey and cement. Draws together researchers from different nations to examine the impact of international cartels on the experience of individual countries; those nations' interactions with one or more international cartels; and ultimately with the individual nation's interactions with the wider international community. Useful literature for researchers, academics and advanced students in the fields of business and economic history, political economy, and government policy and those interested in cartels and their impact on the wider economy.

What does 'constitutionalism' mean in our age of globalisation? In which contexts does the discourse of constitutionalism occur? What factors contribute to the creation of a 'culture' of constitutionalism at the nation-state level? And can one talk about constitutionalism beyond the state, for example at the European and international levels? These are some of the questions that formed the basis for discussion at the Fifth 'From Peace to Justice' Conference of the Hague Academic Coalition in May 2008. With the concepts of power and governance becoming more diverse and multi-faceted, the conference considered constitutionalism at the national, European and international levels, exploring from a variety of viewpoints the changing meaning of constitutionalism in today's globalised world. Specific to this book: * Each chapter includes a summary of its content, giving the reader an overview of the subject matter and the questions being discussed * The summaries are translated into French, making it more accessible to French speakers * Includes an extended bibliography focusing on constitutionalism; prepared by the Peace Palace Library, it provides interested readers with a useful source for further research

This book considers governance and policy-making within the maritime sector, and focuses significantly on the dimensional context within which governance works. Recognising the importance of understanding governance and policy at times when the world is faced with social, political, and economic problems, it highlights the fact that both areas are equally significant in understanding today's political economy. By focusing on the maritime sector, a pillar industry supporting international trade activities, the book offers a unique perspective to explain the difficulties of balancing policy-making with governance in order to provide solutions. It also examines the importance of developing a governance process that encourages and accommodates juxtaposition in a way that ensures that the effect of independent policy-making is understood upon the success or otherwise of policies across a range of contexts and problems. Given the in-depth nature of the text, it is of interest to academics, researchers and professionals in the field.

This is the first book in the Interdisciplinary European Studies collection. This volume provides an interdisciplinary perspective on trust in the EU from the vantage point of political science, law and economics. It applies insights from a number of different dimensions - political institutions, legal convergence in criminal and civil law, social trust, digitalization, the diffusion of political values and norms, monetary convergence and the legitimacy of political systems - to approach the highly complex issue of trust in the EU in a clear-sighted, relevant and insightful manner. Written by renowned experts in the field, the style is accessible and reader-friendly, yet concise, knowledgeable and thought-provoking. The individual chapters combine up-to-date research findings with reflections on on-going political debates and offer useful, concrete ideas on what steps the EU could take to address the challenge of trust. The book provides the reader with invaluable insights into how trust, or rather the lack of trust, poses a challenge to the future of the social, economic and political developments in the EU. It is a must-read for policy-makers, students and interested members of the public who feel concerned by the future of Europe.

* Specifically aimed at US courses in International Law, this text is authoritative, comprehensive, and distinctively readable. * Emphasizes the structure and process of the international legal system in a unique chapter on this subject as well as throughout the text-important for US students. * Covers key cases and treaties in well-structured feature boxes outlining the Facts, Issues, Decisions, and Reasoning for each case. * Completely up-to-date and streamlined in light of reviews and recent developments in international law including new material on "shark poaching," Space X, cyber-attacks, Belarus, and refugee crises from Ethiopia to Syria, among others. * Reinstates popular chapter on International Economic Law from earlier editions, updated and expanded. * Renews an online resource for students and professors, responding to reviewers.

This book examines the engagement between the United Nations' human rights machinery and the respective governments since Sri Lanka (then Ceylon) joined the United Nations. Sri Lanka has a long and rich history of engagement with international human rights instruments. However, despite its active membership in the UN, the country's post-colonial trials and tribulations are emblematic of the limited influence the international organisation has exerted on this country in the Global South. Assessing the impact of this international engagement on the country's human rights infrastructure and situation, the book outlines Sri Lanka's colonial and post-colonial development. It then considers the development of a domestic human rights infrastructure in the country. It also examines and analyzes Sri Lanka's engagement with the UN's treaty-based and charter-based human rights bodies, before offering conclusions concerning the impact of said engagement. The book offers an innovative approach to gauging the impact of international human rights engagement, while also taking into account the colonial and post-colonial imperatives that have partly dictated governmental behaviour. By doing so, the book seeks to combine and analyse international human rights law, post-colonial critique, studies on biopower, and critical approaches to international law. It will be a useful resource not only for scholars of international law, but also for practitioners and activists working in this area.

Diplomacy is an established discipline, but it is still wearing its old garments,failing to display its capacity to deal with new unique bi-lateral and international disputes. In conformity with the provisions of Article 33 of the UN Charter, thisbook emphasises the need for current-day diplomats to have appropriate training in negotiation and conciliation techniques rather than leaving inter-state or international dispute hearings unsettled with their inevitable consequences. The book also identifies the role and effectiveness of negotiating techniques in conducting business contracts, women's role in negotiating diplomatic and business deals, negotiating techniques in import-export trade, project finance, and syndicated loan agreements. It further discusses the UN system and diplomacy. The opinions expressed in this book are those of the author, and in no way may be attributed to the institution to which he belongs.

This book explores how international sanctions on Iran reshaped the contours of East Asia's interactions with the Middle Eastern state. Almost all East Asian political entities, from the industrialized and developed nations of Japan and South Korea, to the communist and developing countries of China and North Korea, have become major international partners of Iran over the past several decades. In addition, East Asian states were, by and large, thought to be among leading foreign beneficiaries of Iran sanctions, and the overall impacts of sanctions in transforming both the scope and size of their rather multifaceted connections to the Middle Eastern country have been consequential. Despite its significance, academic studies about this topic have remained sparse and scattered. This book aims to partially fill that research lacuna by surveying all relevant information and data available in the archives of several languages, including Chinese, English, Japanese, Korean, and Persian. While the book strives to cover the entire sanctions period, most of the analysis focuses on the past one and a half decades, when Iran came under the severest sets of international sanctions. It was during this particular time period that international quandary over the Iranian nuclear program led to a slew of far-reaching penalties and stringent restrictions levied against Iranians by the United Nations and the United States. These recent waves of international sanctions and limitations transformed many quintessential characteristics of East Asia's interactions with Iran. Such sanctions-induced critical developments and changes, moreover, are bound to play an instrumental role in the direction and volume of exchanges between East Asian states and Iran in the coming years and decades.

This book provides a deep insight to which extent further improvement should be envisaged to ensure and improve the sustainable development beyond 2030 (the Sustainable Development Goals is a set of 17 global goals with 169 associated targets which the state community adopted in 2015). As the world, its environment, economy and society is getting more and more technical advanced, it is of high interest to analyze how space and its various applications can support this development. Once the Goals of the "2030 Agenda for Sustainable Development" will be achieved new challenges are waiting. The analysis takes into account a proactive use of artificial intelligence for the development based on space infrastructure. Another important aspect revolves around the economic development which asks for further analysis of the cryptocurrencies relationship with space applications and how to use space based cryptocurrencies for development. Environment-wise the challenges for a sustainable development on Earth i.e. water supply, but also in outer space are requested ensuring a sustainable exploration and exploitation of space and its orbital resources. The book also highlights possible contributions of the post-2030 space industry to global economic development based on satellite technology and the enlargement of the scope of application of satellite data in administration and Justice to ensure development of effective, accountable and transparent institutions at all levels to promote growth, stability and security and peace on global level.

The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book's contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields.

The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book's contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields.

This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world's great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity's greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State. Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law - How do they Relate? - Trevor Hartley; 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle;15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties' consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law - understood in a broad sense - that lies outside the confines of the state.

Critically assesses the impact of Richard A. Falk's scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Will be a useful book for scholars and students of international law, global governance, political theory and international relations theory, and for those studying human security, international organizations and transnational activism.

Critically assesses the impact of Richard A. Falk's scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Will be a useful book for scholars and students of international law, global governance, political theory and international relations theory, and for those studying human security, international organizations and transnational activism.