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.

This book casts a spotlight on a vital but poorly understood feature of the political process: the functioning within government of the public law rules that define and constrain it. It fills a gap in the market for a socio-legal study that brings together the analysis of public law and an interpretation of government policy and action. It provides an in-depth account of the complex interactions between administrative law, policy and practice. It is informed by inside access into a local authority and insider understanding. Drawing on rich source material - one local authority's involvement in the epic central/local confrontation over local government spending in 1980s England - this book develops a multifaceted and widely applicable analysis of public law within government as a process of 'sustaining the art of the possible'.

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court's role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this "inevitable element of judicial interpretation" has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

This edited volume presents a collection of stories that experiment with different ways of looking at international law. By using different literary lenses -namely, storytelling, the novel, the drama, the collage, the self-portrait, and the museum- the authors shed light on elements of international law that usually remain unseen or unheard and expose the limits of what international law can do. We inquire into who the storytellers of international law are, the stages on which they tell their stories, and who are absent in these tales. We present it as a collection: a set of different essays that more or less deal with the same subject matter. Alternatively, we would like to call it a potpourri of stories, since the diversity of topics and approaches is eclectic and unconventional. By placing multiple perspectives alongside each other we aim to compare and contrast, to allow for second thoughts, and to rediscover. In doing so, we engage with the ambiguities of international law's characters and spaces, and with the worldviews they reflect and worlds they create.

Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.

This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist conflicts can be effectively resolved. To that end, the book not only reveals the inadequacy of the current international legal framework, but also carefully considers how relevant actors can work to improve the legal system. In short, it argues that secessionists and non-secessionists should conclude an agreement to reconcile their conflicting rights to self-determination, while external actors should do their utmost to ensure the success of these efforts. Positive external involvement requires external actors to refrain from the use of force and to participate more rationally in secessionist conflicts. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields.

This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or African Union). It is stated that secession is a practice that does not comply with international peremptory norms - such as those that prohibit going against the territorial integrity of the States, the use of force or intervention in the internal affairs of other States. Even being aware of the inevitable consequences of the effective creation of States and other de facto entities on trade relations, communications and the rights of individuals, among other matters, secession is a practice that should lead to an obligation of nonrecognition by States and by international organisations. As an example of this practice, the secessionist process in Catalonia since 2014 is explained and studied.

This book, edited by the European Space Policy Institute, is the first international publication, following UNISPACE+50, to analyze how space capacity building can empower the international community towards fully accessing all the economic and societal benefits that space assets and data can offer. New innovation models are increasingly spreading across various sectors and disciplines, including space, which is becoming an integral part of many societal activities (e.g. telecoms, weather, climate change and environmental monitoring, civil protection, infrastructures, transportation and navigation, healthcare and education). The book helps readers construct their own space capacity building roadmaps, which take into account key stakeholders and also new private actors, NGOs and civil society. Starting from a policy and strategy perspective, it addresses key aspects of capacity building, including innovation and exploration, global health, climate change and resilient societies. It outlines the available options and summarizes the ideal programmatic conditions for their successful implementation. Showcasing reflections from a range of senior space professionals around the world, with their unique perspectives and solutions, it provides a rich mosaic in which various cultural and policy approaches to space are translated into actionable programs and ideas so that space may truly benefit all of humankind.

This book investigates the history, development, and current state of anti-corruption agencies in Latin America. In recent decades, specialized anti-corruption agencies have sprung up as countries seek to respond to corruption and to counter administrative and political challenges. However, the characteristics, resources, power, and performance of these agencies reflect the political and economic environment in which they operate. This book draws on a range of case studies from across Latin America, considering both national anti-corruption bodies and agencies created and administered by, or in close coordination with, international organizations. Together, these stories demonstrate the importance of the political will of reformers, the private interests of key actors, the organizational space of other agencies, the position of advocacy groups, and the level of support from the public at large. This book will be a key resource for researchers across political science, corruption studies, development, and Latin American Studies. It will also be a valuable guide for policy makers and professionals in NGOs and international organizations working on anti-corruption advocacy and policy advice.

This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.

This book aims to advance the understanding of pre-commercial procurement (PCP) as innovation policy instrument and as means to fulfil public needs. To this end, it places PCP within its political and legal context and elucidates its origins and its economic rationale. Based on this analysis, it suggests a clear conceptualization of PCP and a clear delineation from other innovation policy instruments. Subsequently, the book assesses the value and achievements of the more established type of PCP policy programmes, and draws lessons for improvement. In this context, it raises awareness of the remaining obstacles to its wide and effective implementation and suggests appropriate solutions ranging from policy guidance to law interpretation and legislative reform. The text makes use of illustrative practical examples of policy-making and project implementation in various public programmes of R&D procurement. This is a highly relevant book for academics and practitioners in the field of public procurement. Ramona Apostol is Senior Procurement Adviser at Corvers Procurement Services B.V. in the Netherlands. She holds a Ph.D. in Law from Leiden University, the Netherlands. She has been involved in a wide range of procurement projects related to the implementation of R&D and innovation procurement and regularly acts as independent expert for the European Commission on this topic.

This book presents the first-ever comprehensive analysis of ASEAN space development programs. Written by prominent actors in the region, it goes beyond a mere expose of the history, current status and future plans of ASEAN space technology development and utilization programs, by analyzing the conditions in which a space program can be initiated in the region. It does so in two ways: on the one hand, it questions the relevance of and motivations behind the inception of space development programs in developing countries, and on the other hand, it focuses on the very specific context of ASEAN (a highly disaster-prone area shaped by unique political alliances with a distinctive geopolitical ecosystem and enormous economic potential, etc.). Last but not least, after having analyzed established and emerging space programs in the region, it provides concrete recommendations for any regional or extra-regional developing nation eager to gain a foothold in space. As such, this book offers a valuable resource for researchers and engineers in the field of space technology, as well as for space agencies and government policymakers.

This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It contrasts the influential version of the principle introduced by the International Commission on Intervention and State Sovereignty in 2001 with subsequent interpretations of the responsibility to protect advocated by the United Nations through its human protection agenda, and reviews the dangers and inconsistencies inherent in both perspectives. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential a modern emancipatory formation. To remedy this dangerous malleability, the author advocates a third, distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the "RtoP" version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of non-state actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.

Many anti-corruption efforts have had only a minimal effect on curbing the problem of corruption. This book explains why that is, and shows readers what works in the real world in the fight against corruption, and why. Counter-corruption initiatives often focus on the legal, institutional, and contextual factors that facilitate corrupt behavior, but these have had only nominal impacts, because most of these reforms can be circumvented by government officials, powerful citizens, and business people who are relentless in their quest for self-interest. This book argues that instead, we should target the key individual and group drivers of corrupt behavior and, through them, promote sustainable behavioral change. Drawing on over 25 years of practical experience planning, designing, and implementing anti-corruption programs in over 40 countries, as well as a wealth of insights from social psychological, ethical, and negotiation research, this book identifies innovative tools that target these core human motivators of corruption, with descriptions of pilot tests that show how they can work in practice. Anti-corruption is again becoming a priority issue, prompted by the emergence of more authoritarian regimes, and the public scrutiny of government responses to the COVID-19 pandemic. Straddling theory and practice, this book is the perfect guide to what works and what doesn't, and will be valuable for policymakers, NGOs, development practitioners, and corruption studies students and researchers.

First book to provide a thorough overview of the law surrounding PPPs in the MENA region; this is of interest because the area is adopting a more free market philosophy since the Arab Spring.

This book deals with foundation law in various European countries. It sums up contributions from the most outstanding experts in foundation law in fourteen countries. These are either civil law or common law, and their socio-economical situation is considerably different.
Despite the outstanding differences in each country, foundations have been growing in number and importance all over Europe in the last decades. Political, economical and social changes occurred in various European countries increased foundations' role. The need to focus on foundations' laws and regulations arose in many States for different reasons.
The contributions in this book focus in particular on the recent development of foundation law, on the evolution foundations have undergone in recent years and on trends in law.

This Book attempts to deduce regulatory standards that can close the gaps between the Promises made and the Outcomes secured by the United Nations in relation to its use of force. It explores two broad questions in this regard: why the contemporary legal framework relevant to the regulation of force during Armed Conflict cannot close the gaps between the said Promises and Outcomes and how the 'Unified Use of Force Rule' formulated herein, achieves this. This is the first book to coherently analyse the moral as well as legal aspects relevant to UN use of force. UN peace operations are rapidly changing. Deployed peacekeepers are now required to use force in pursuance of numerous objectives such as self-defence, protecting civilians, and carrying out targeted offensive operations. As a result, questions about when, where, and how to use force have now become central to peacekeeping. While UN peace operations have managed to avoid catastrophes of the magnitude of Rwanda and Srebrenica for over two decades, crucial gaps still exist between what the UN promises on the use of force front, and what it achieves. Current conflict zones such as the Central African Republic, Eastern Congo, and Mali stand testament to this. This book searches for answers to these issues and identifies how an innovative mix of the relevant legal and moral rules can produce regulatory standards that can allow the UN to keep their promises. The discussion covers analytical ground that must be traversed 'behind the scenes' of UN deployment, well before the first troops set foot on a battlefield. The analysis ultimately produces a 'Unified Use of Force Rule', that can either be completely or partially used as a model set of Rules of Engagement by UN forces. This book will be immensely beneficial to law students, researchers, academics and practitioners in the fields of international relations, international law, peacekeeping, and human rights.