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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.
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Over the last decades, the evolution of public law has been marked by a trend towards the diversification of sources and forms of law, processes and governance tools. In our globalized world, various factors - such as the increasing importance of European law, international law and fundamental rights, as well as the greater prevalence of social and economic concerns - have tended to justify the need to harmonize legal norms and practices and, thus, to open the borders of legal normativity. The increased interaction between legal systems and other sources of normativity that has followed has led to the coexistence of a diversity of normative authorities (ranging from civil society and the industry itself, to European and international organizations). It has also resulted in the emergence, within domestic law, of a broad range of norms grounded in different sources of legitimacy and with varying degrees of normative force, not merely constrained to the narrow formal definition of "legal norm".This book explores ways in which public lawmaking is changing and examines the impact of such changes on the law itself, on the lawmaking processes, and on the role of decision-makers (judges, public administrators and stakeholders). It also questions the legitimacy of the new governance tools that have emerged from this transformation as well as their impact on the public's trust and confidence.
This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.
Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community. International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity. This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.
This book explores the regulations, goals and functioning of preparatory proceedings in four Nordic countries and eight former communist countries. The contributions discuss whether, and how the regulation and practice of preparatory proceedings enhance swift civil justice that is both inexpensive and has quality outcomes. A central question is whether the main hearing model of civil justice, in which preclusion of new evidence and claims occur at the end of the preparatory stage, results in greater efficiency, or whether the functioning of civil proceedings largely depends on other factors. It also examines regulation and use of court-connected mediation and judicial settlement efforts. This book offers comparative insights into the functioning of the preparatory civil proceedings in the countries covered. Preparatory proceedings are considered a key tool for achieving efficient civil proceedings. The claims and factual background of the case are clarified at an early stage, and the main hearing is focused. Judicial settlement efforts and court-connected mediation contribute to early resolution of cases, and are important elements of Nordic civil procedure The Nordic countries have used the main hearing model of civil proceedings for some decades, and recent reforms have further enhanced the role of the preparatory stage. Former communist countries are reforming their earlier piecemeal- format civil proceedings by introducing and strengthening written and oral preparation, as well as court-connected mediation.
This is a ground-breaking text which seeks to guide practitioners as to how to spot a PIL point with reference to the key English Statute and case law principles. Based upon 25 years of experience in acting for and against States before the English Courts at all levels on such matters, the author has set out to demystify PIL and illustrate its increasing significance in English Court litigation. "This book enables the reader to appreciate the recent application and development of the principles of PIL in this country in the best possible way" Lord Phillips of Worth Maltraver (former President of the UK Supreme Court)
The law relating to anti-doping changes rapidly. The World Anti-Doping Code was first adopted in 2003 to provide a common set of anti-doping rules applicable across all sport worldwide. The Code has evolved and changed significantly through two major processes of review. This third edition provides essential guidance and commentary on the 2015 Code which replaces the 2009 Code. The 2015 Code contains many significant changes in the core Articles of the Code, particularly in the regime on sanctions for anti-doping rule violations, and in the amended International Standards. The text outlines how the current law has developed from anti-doping rules and principles in operation before the Code and explains the central role of the Court of Arbitration for Sport in this development and in applying the current Code. This third edition will be an important single resource for any reader working or studying in the field.
For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.
Following 9/11 the United States faced a situation of exceptional insecurity. In that period the Bush administration argued that certain international norms did not apply to US conduct. Its argument was underpinned by the claim that the United States was in a state of armed conflict or war with a new kind of enemy. The purpose of this book is to examine whether this approach outlasted the moment of insecurity that gave rise to it. More than a decade on from those attacks, and following a change of administration, what influence do these arguments have on American policy? To answer this question it focuses on four areas of policy: the use of force and the prosecution, detention and interrogation of suspected terrorists. It demonstrates how the Bush policy programme was contested by liberals and realists from the outset. Any expectation that the war on terror would end following the election of President Obama has, however, proven unfounded. Obama consolidated the liberal pushback against aspects of the Bush programme but the US has continued to argue a state of armed conflict exists. The scope of the battlefield and the definition of the enemy has been a source of intense debate but the fact that the Guantanamo Bay detention facility remained open long after the President promised to close it is indicative of the underlying continuity. It is argued that this is driven in part by domestic politics and in part by an understanding of how the terrorist threat is evolving.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 154 reports on, amongst others, the 2013 Award of Court of Arbitration in the Indus Waters Kishenganga Arbitration, the Advisory Opinion OC-16/99 of Inter-American Court of Human Rights on the Right to Information on Consular Assistance, and the United States Court of Appeals (District of Columbia Circuit) 2012 decision in Hamdan.
The conspicuous absence of private international law from the current global governance debate may be traced in part to its traditional `public law taboo', fed by liberal understandings of statehood and its characteristic public/private divide, in the context of the modern schism between the public and private branches of international law. Alongside an original introduction, the materials assembled in this important collection are of immediate interest to both public and private international lawyers, and more broadly to all those interested in new forms of global governance and the theory of law beyond the state.
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.
With growing numbers of independent schools (pre-school, primary and secondary), vocational colleges and universities seeking to establish themselves internationally, this new text focuses on the complex legal and regulatory requirements of setting up an educational institution overseas. As these institutions expand into the global arena - where there is a preference for adopting the UK model, supported by government contracts and foreign investment - traditional advisers to the independent education market increasingly need to understand the multi-disciplinary aspects of setting up abroad. Therefore, this book will make essential reading for all lawyers, accountants and school governing bodies involved with international expansion. Private equity investors, who need to understand the due diligence process specific to this sector and the structuring of their partnerships with potential 'sister schools', plus commercial property and real estate consultants involved in the actual building of overseas institutions, will also find this book invaluable. The content examines market viability, the challenges of managing an international educational business, business plans, sustaining relationships, IP issues, data protection, international employment matters, tax considerations, brand protection and corporate structure. There is also a detailed country-by-country comparative analysis which is intended to inform the decision as to where to set up an educational establishment overseas. The text is further enhanced by numerous case studies. In summary, this comprehensive handbook will provide a trusted guide for legal and business markets to the risk profiling, structural analysis and regulatory compliance issues that face all educational organisations seeking to establish themselves internationally.
International law is playing an increasingly important role in international politics. However, international relations theorists have thus far failed to conceptualise adequately the role that law plays in politics. Instead, IR theorists have tended to operate with a limited conception of law. An understanding of jurisprudence and legal methodology is a crucial step towards achieving a better account of international law in IR theory. But many of the flaws in IR's idea of law stem also from the theoretical foundations of constructivism - the school of thought which engages most frequently with law. In this book, Adriana Sinclair rehabilitates IR theory's understanding of law, using cases studies from American, English and international law to critically examine contemporary constructivist approaches to IR and show how a gap in their understanding of law has led to inadequate theorisation.
The volume provides analyses and evaluations of the continuing importance of Europe's autonomy in its access to space as a key driver in the development of European space capabilities. From a detailed historical analysis of some of the pitfalls of dependence in the space industry, experts analyse the full range of current European space capabilities and identify areas where autonomy is both possible and required, even in a situation of severe budgetary constraints. The contributions present a comprehensive overview of European efforts in a broad range of areas including energy, culture, science, and security; access to space, space applications, human spaceflight, security and space situational awareness, and strategic issues. They make a cogent strategic and economic case for policy makers to continue to bear in mind the importance of autonomous space capabilities, even in an interdependent globalised world.
European Law is a core element of all law degrees in England and Wales. Unlocking EU Law will ensure you grasp the main concepts with ease, providing you with an essential foundation for further study or practice. This new fourth edition is fully up-to-date with the latest developments and includes: The European Union Act 2011 Detailed coverage of the Lisbon Treaty All major new cases This book is essential reading for students studying EU Law on undergraduate courses in the UK. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Features include: aims and objectives at the start of each chapter key facts charts to consolidate your knowledge diagrams to aid learning summaries to help check your understanding of each chapter problem questions with guidance on answering a glossary of legal terminology The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications, as well as popular option units. The website www.unlockingthelaw.co.uk provides supporting resources such as multiple choice questions, key questions and answers and updates to the law.
Ballast water management is a complex subject with many issues and still limited knowledge, however, it is building up on new scientific researches and practical experience. The Ballast Water Management Convention is the global legal framework which still needs to be implemented. This book brings together a long-term and newest experience from practical work, scientific research, administration and policy involvements, offering unique insights to readers who would like to learn more about this subject. It also provides recommendations and practical solutions especially important for professionals, administrations and organizations in the process of the implementation of this Ballast Water Management Convention.
This book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt bilateral debt, multilateral debt, syndicated debt and bonded debt in relation to three crucial contexts: genesis, restructuring and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and unclear boundaries. Though the analysis is mainly conducted on the basis of international law, the breadth of this topical subject has made it necessary to include other sources, such as private international law, domestic law and financial practice; moreover, references are made to international financial relations and international financial history so as to provide a more complete understanding. Although it follows the structure of a continental "tractatus, "the work strikes a balance between consideration of doctrinal and jurisprudential sources, making it a valuable reference work for scholars and practitioners alike."
The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons; the right to develop research, production and use of nuclear energy for peaceful purposes; and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context.
This volume deals with the very novel issue of cyber laundering. The book investigates the problem of cyber laundering legally and sets out why it is of a grave legal concern locally and internationally. The book looks at the current state of laws and how they do not fully come to grips with the problem. As a growing practice in these modern times, and manifesting through technological innovations, cyber laundering is the birth child of money laundering and cybercrime. It concerns how the internet is used for 'washing' illicit proceeds of crime. In addition to exploring the meaning and ambits of the problem with concrete real-life examples, more importantly, a substantial part of the work innovates ways in which the dilemma can be curbed legally.
This volume delves into a very grey area of law, daring a yet unthreaded territory and scouring undiscovered paths where money laundering, cybercrime, information technology and international law converge. In addition to unearthing such complexity, the hallmark of this book is in the innovative solutions and dynamic remedies it postulates.
This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.
Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.
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