'This is a timely, challenging and fascinating book on a topic of central importance to the success or otherwise of our climate change policies. It sets down a clear marker for what has to be done in the aviation sector.' Professor John Whitelegg, Stockholm Environment Institute, University of York, UK 'Climate Change and Aviation presents a clear picture of the transport sector's greatest challenge: how to reconcile aviation's immense popularity with its considerable environmental damage and its dependence on liquid hydrocarbon energy sources. This book avoids wishful thinking and takes the much harder, but more productive, path of considering difficult solutions that clash with short-term and short-sighted expectations about the unlimited growth potential for flying.' Professor Anthony Perl, Urban Studies Program, Simon Fraser University, Canada 'A convincing and timely collection that brings together an impressive range of expertise. The book integrates various perspectives into a powerful core argument - we must do something, and quickly, to tackle the impact of aviation on our environment. The authors recognise the political difficulties associated with promoting change but present constructive options for policy makers. Required reading, especially for transport ministers set on promoting the growth of air travel.' Professor Jon Shaw, Director of the Centre for Sustainable Transport, University of Plymouth, UK Trends such as the massive growth in availability of air travel and air freight are among those which have led to aviation becoming one of the fastest growing emitters of greenhouse gases. These trends have also caused a shift in expectations of how we do business, where we go on holiday, and what food and goods we can buy. For these reasons aviation is (and is set to stay) high up on global political, organizational and media agendas. This textbook is the first to attempt a comprehensive review of the topic, bringing together an international team of leading scientists. Starting with the science of the environmental issues, it moves on to cover drivers and trends of growth, socio-economics and politics, as well as mitigation options, the result being a broad yet detailed examination of the field. This is essential reading for undergraduate and postgraduate courses in transport, tourism, the environment, geography and beyond, while also being a valuable resource for professionals and policymakers seeking a clear understanding of this complex yet urgently pressing issue.

This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states' attribution of authority through consent with legislative, administrative, and adjudicative functions - three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy - the force - ultimately for the benefits of individuals - the ends - in the global marketplace, and gains a soul of its own in the institutional evolution - the means - of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO's ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO's decision-making by consensus, the book critically examines GATT's "common intention" treaty interpretation, Antidumping's NME methodology, TRIPS' public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.

The agenda of the 11th CEE Forum Conference in Bratislava, Slovakia, held on 25-26 April 2019 was focused on the reassessment of the Central and Eastern European position in Europe and in the world, seeking for the specificities of this region, being often perceived as a double periphery - of the West and of the East. Since thirty years have passed since the disintegration of the bipolar world, the time has come for a critical reconsideration of the earlier scholarly findings or commonplaces and the formulation of more nuanced and refined conclusions. The selection of papers offered by the organizers in this volume provides an up-to-date view of the CEE region and issues and problems shared by the CEE countries

This book makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war and imperial justice. The distinguished group of contributors examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and other major thinkers from the 16th to the 18th centuries on issues such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relations between natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores ways in which both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law and empire have become global, partly accepted and partly contested elsewhere in the world.

The demilitarisation and neutralisation of the Aland Islands is a confirmation of, and an exception to, the collective security system in present-day international affairs. Its core idea is that there is no need for military presence in the territory of the islands and that they are to be kept out of military activities. A restricted use of military force has a confidence building effect in cases where competing interests may be so intense that banning the very presence of military force remains the only viable option. The regime of the Aland Islands is the result of pragmatic and contingent political compromises. As such, the case of the Aland Islands offers an alternative trajectory to the increased militarisation we witness around the world today. Through parliamentary and archival materials, international treaties and academic works, the authors examine the legal rules and institutional structures of the demilitarisation regime. In this process they reassess core concepts of international law and international affairs, such as sovereignty and security, and introduce a theoretical view on the empirical case study of the Aland Islands. The book covers legal, political and policy discursive aspects of demilitarisation, international co-operation, defence and security matters around the Baltic Sea with a broader European and global relevance. It can be a source of inspiration for all those in search of constructive efforts that can address territorial disputes and security challenges.

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

In less than 100 years, international organizations have evolved from curiosities into keystones of international law. What began long ago as an unremarkable effort to coordinate a limited number of technical issues has grown into a global, multilevel, blended governing project with diverse competences in most fields of human endeavor and interests. Law graduates who enter the field of international law, as well as political science, international relations, and diplomacy, are increasingly expected to have a strong knowledge of the law of international organizations. Beyond knowledge, graduates are also expected to be able to solve new emerging legal problems confronting organizations. This book introduces students to the law of international organizations through the careful study of the most recent cases and other materials from the International Court of Justice, United Nations Security Council and General Assembly, World Trade Organization, international criminal tribunals, European Union, European Court of Human Rights, International Labour Organization, various domestic courts and arbitral panels, and other bodies. In doing so, it undertakes a critical examination of legal rights and duties, exposing the fundamental questions that arise when addressing a range of issues within an organization. In order to provide the best foundation, the textbook focuses on several key topics: the law of treaties, creation of organizations, membership, powers of organizations, legal effects of their acts, organs, immunities, and responsibility. This book is best suited for students who are studying international organizations and who have already had one or more courses on international and/or European law.

This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy - notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance - the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate. Through a critical assessment of international regulatory counter-terrorism in three areas - financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods - this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability. This volume will be of great interest to students and scholars of counter-terrorism, security studies, global governance, and international law.

Failed and fragile states often govern through the criminalization of otherwise inconsequential or tolerated acts. These weak states also frequently use kidnapping, murder, and other violent or oppressive tactics to maintain order and stay in power. State Fragility Around the World: Fractured Justice and Fierce Reprisal analyzes the path to state failure, one manifestation of which appears through the fragility and dysfunction of its criminal justice system. This book examines what happens when a government loses the ability, or will, to provide basic goods and services to its constituents. Acknowledging the tremendous variability of failed and fragile states, the case studies and analyses contained in this book suggest the existence of functional and structural attributes common across most state systems. The authors explore the plights of various states in which key elements related to their criminal justice systems are weak or fragile. States under examination include Mexico, Afghanistan, Iran, Syria, and Georgia. Special attention is given to Somalia, Sudan, and South Sudan, which serve as examples of what happens to a state that fails in virtually all aspects of governance. Using a unique approach, State Fragility Around the World articulates a specific method for assessing relative state fragility. Using this method, natural groupings of relative fragility and stability evolve, providing an unprecedented way to compare social phenomena and functionality across national and regional borders. Readers will also gain a deeper understanding of what it means to be a fragile state as well as how state fragility affects core freedoms, the criminal justice process, and mechanisms of punishment.

The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including: who currently has the power/authority to declare war? who currently has the power to launch military action without formally declaring war? how, if at all, can those powers be controlled, legally or politically? what are the domestic legal consequences of going to war? In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.

This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.

This book considers the significance of informed publics from the perspective of international law. It does so by analysing international media law frameworks and the 'mediatization' of international law in institutional settings. This approach exposes the complexity of the interrelationship between international law and the media, but also points to the dangers involved in international law's associated and increasing reliance upon the mediated techniques of communicative capitalism - such as publicity - premised upon an informed international public whose existence many now question. The book explores the ways in which traditional regulatory and analytical categories are increasingly challenged - revealed as inadequate or bypassed - but also assesses their resilience and future utility in light of significant technological change and concerns about fake news, the rise of big data and algorithmic accountability. Furthermore, it contends that analysing the imbrication of media and international law in the current digital transition is necessary to understand the nature of the problems a system such as international law faces without sufficiently informed publics. The book argues that international law depends on informed global publics to function and to address the complex global problems which we face. This draws into view the role media plays in relation to international law, but also the role of international law in regulating the media, and reveals the communicative character of international law.

The principle of permanent sovereignty over natural resources was originally intended to protect economic independence and development of resource-rich countries. Now, it is heading towards fair and equitable distribution of resources. The complex of regimes for global governance of oil and gas resources includes trade, investment protection, maritime areas, environmental issues, transparency and accountability of oil and gas sector, human rights and protection of local communities. Despite the fact that it is national states who are traditionally perceived to be central actors in the governance of natural resources, the issue is currently the object of multidimensional global interest. The key to sustainable development in this area is intersectoral and transnational cooperation.

Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized.

With the strife for common values, the finality of international interactions moves beyond national interest towards communitarianism. International law governing foreign relations can be strengthened through judicial review by national courts.

Working on the interface of diplomacy and academia, this practitioner s perspective combines an insider view into innovation and change of the diplomatic process with a concise interdisciplinary academic analysis."

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.

The financial crisis posed new challenges for the administrations of Eurozone countries, including: how to respect EU obligations when the economy is under stress? How to improve the overall implementation of EU policies and domestic reforms? How to negotiate effectively with the Troika and then quickly and efficiently fulfil the requirements of the Memoranda of Understanding? This volume offers the first analysis of EU coordination by national executives in the light of the legal and political consequences of the crisis, using case studies of five severely affected Member States: Cyprus, Greece, Ireland, Italy, and Portugal. It examines from an interdisciplinary perspective how they have adapted their coordination systems since the outbreak of the crisis, shedding light on the adjustments undertaken by domestic administrations. The comparison reveals that in this process Prime Ministers and Ministers of Finance were empowered in a common shift towards the centralization of EU coordination.

This book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were 'distanced' by the presence of member states that intermediate between the Security Council's international commands and those individuals that are subject to member states' domestic law. However, in practice, the UN Security Council's exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security Council's distance to individuals. This book demonstrates that this phenomenon has increased the relevance of domestic law in developing the international normative frameworks governing the UN Security Council and its subsidiary organs in safeguarding the rights, obligations, and interests of those affected individuals. This book presents how the UN Security Council's exercise of authority has been received at the domestic level, and what would be the international implications of the Security Council's extensive encounter with the actors who primarily reside in a domestic legal order.

This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.

Climate change, nuclear proliferation, and the threat of a global pandemic have the potential to impact each of our lives. Preventing these threats poses a serious global challenge, but ignoring them could have disastrous consequences. How do we engineer institutions to change incentives so that these global public goods are provided?
Scott Barrett provides a thought provoking and accessible introduction to the issues surrounding the provision of global public goods. Using a variety of examples to illustrate past successes and failures, he shows how international cooperation, institutional design, and the clever use of incentives can work together to ensure the effective delivery of global public goods.

The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council's agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council's decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.

Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Nunez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault's story of the modern subject constitutes the book's main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals - each expelled from one of the Member States - the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.

This is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.' - Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, The NetherlandsJustice for Future Generations breaks new ground by discussing what ethical obligations current generations have towards future generations in addressing the threat of climate change and how such obligations should be embodied in international law. Peter Lawrence uses an interdisciplinary approach, involving discourse theory, international relations theory, and philosophical concepts of ethics and justice to inform discussion of international law. Recent political science theories are used to show why the current global climate change treaties are so weak in addressing intergenerational justice concerns. The book draws on contemporary theories of justice to develop a number of principles used to critique the existing global climate change treaties. These principles are also used as a blueprint for suggestions on how to develop a much-needed global treaty on climate change. The approach is pragmatic in that the justice-ethics argument rests on widely shared values. Moreover, the book is informed by the author's extensive experience in the negotiation of global environmental treaties as an Australian diplomat. With its interdisciplinary approach and focus on intergenerational justice, this detailed study will be of particular interest to academics and policymakers in international environmental law and climate law, as well as to those in international law with an interest in ethics and justice issues. Contents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward - Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography Index

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.