In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.

Public-Private Partnerships (PPPs) have increasingly emerged as a valuable mechanism for drawing in investment and expertise from the private sector to meet public infrastructure needs. PPPs involving transboundary international waters require particular attention given their huge potential for social and environmental impact. Transboundary Waters, Infrastructure Development and Public Private Partnership examines what PPPs are and how they function in the context of transboundary waters. It explains how environmental and social "safeguards" operate in relation to PPPs and transboundary waters in light of the Nam Theun 2 and the Xayaburi Hydroelectric Power projects in Laos PDR. Finally, it draws important lessons from their contractual arrangements, costs, financing and risk mitigation that are relevant to PPPs in other transboundary waters matters.

The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, investment and financial integration in Asia, the Ma-Xi Summit in Singapore, the Taiwan-Philippines Fisheries Agreement, and the 70th Anniversary of the ROC's War of Resistance against Japan. Questions and comments can be directed to the editorial board of the Yearbook by email at [email protected]

In The Fairness 'Dilemma' in Sharing the Nile Waters, Zeray Yihdego offers a comprehensive and critical account of the application of the fairness principle to sharing Nile water resources with particular emphasis on fairness regarding building, filling and benefits from the Grand Ethiopian Renaissance Dam and offers critical insights and lessons available to public international law.

From 1944 to 1946, as the world pivoted from the Second World War to an unsteady peace, Americans in more than two hundred cities and towns mobilized to chase an implausible dream. The newly-created United Nations needed a meeting place, a central place for global diplomacy-a Capital of the World. But what would it look like, and where would it be? Without invitation, civic boosters in every region of the United States leapt at the prospect of transforming their hometowns into the Capital of the World. The idea stirred in big cities-Chicago, San Francisco, St. Louis, New Orleans, Denver, and more. It fired imaginations in the Black Hills of South Dakota and in small towns from coast to coast. Meanwhile, within the United Nations the search for a headquarters site became a debacle that threatened to undermine the organization in its earliest days. At times it seemed the world's diplomats could agree on only one thing: under no circumstances did they want the United Nations to be based in New York. And for its part, New York worked mightily just to stay in the race it would eventually win. With a sweeping view of the United States' place in the world at the end of World War II, Capital of the World tells the dramatic, surprising, and at times comic story of hometown promoters in pursuit of an extraordinary prize and the diplomats who struggled with the balance of power at a pivotal moment in history.

The Republic of Korea was colonialized in the early 20th century, achieved its independence, and rose from the ashes of the Korean War to become an Asian power. Korea's ascent coincides neatly with the advent of globalization and growing importance of international law in managing the increasing interactions between states and other non-state entities such as multinational corporations, non-governmental organizations, and international organizations like the United Nations. The Making of International Law in Korea addresses the developments of international law in Korea from human rights concerns to law of the sea issues; from maritime delimitation and access to ocean resources to other non-security matters. Offered as a textbook for academics and students, the authors demonstrate the increasingly important role of international law in shaping international relations in Northeast Asia and Korea.

During the last decades of the 20th century, a consensus has emerged that the Dutch Code of Criminal Procedure (CCP), which had entered into force in 1926, had become dysfunctional in connection with both main objectives of criminal procedure. The research project 'Strafvordering 2001' aimed at answering the question how a CCP would look which meets contemporary needs and corresponds to state of the art doctrinal views, and is coherent in the sense that it offers a systematic criminal procedure approach. The Dutch government responded to the research findings by means of the introduction of several legislative acts. The contributions in this book discuss the question of whether the legislator has succeeded in improving the law of criminal procedure.

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law's main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book's treatment of what has been called the "Institutes" of public international law.

Entry into force of the UN Watercourses Convention in August 2014, and the opening of the UNECE Water Convention to all states in March 2016, are significant milestones in international water law. A comparative analysis of these two global water conventions and the 1995 Mekong Agreement reveals that all three instruments are generally compatible. Nonetheless, the international legal principles and processes set forth in the two conventions can render the Mekong Agreement more up-to-date, robust and practical. The Governance Regime of the Mekong River Basin: Can the Global Water Conventions Strengthen the 1995 Mekong Agreement? contends that strengthening the Agreement would be timely, given the increasing pressures associated with the rapid hydropower development within the basin and the gradually emerging disputes therein. Due to these fast-moving developments, Kinna and Rieu-Clarke strongly recommend that the Mekong states should seriously consider joining both conventions in order to buttress and clarify key provisions of the 1995 Mekong Agreement.

In a growing number of instances after the cold war, the United Nations and other international actors have sought to rebuild or establish new political institutions in states or territories recovering from violent conflict. From Afghanistan, Iraq, and the western Balkans to less prominent wars in Africa, Asia, the Caribbean, Central America, and the South Pacific, the international community's response involves extensive intrusions into the domestic affairs of sovereign states. Extending beyond the narrow mandates of traditional peacekeeping and humanitarian relief operations, these interventions aspire to reconstitute local power within a democratic framework. Democratic Peacebuilding examines the evolution of international peacebuilding during this tumultuous period, identifying the factors that limit the progress of international actors to institutionalize democratic authority and the rule of law in war-shattered societies.
Based on extensive field research, the book gives particular attention to Afghanistan's Bonn Agreement process (2001-2005) and Post-Bonn period (2006-2009), in which the country's multiple, competing forms of authority (e.g. religious leaders, tribal elders, militia commanders, and technocrats) challenged efforts to create "modern" forms of political authority rooted in democratic norms and the rule of law. Despite the significant risks involved, Democratic Peacebuilding argues that the institutionalization of democratic legal authority can create the conditions and framework necessary to mediate competing domestic interests and to address the root causes of a conflict peacefully. At the same time, one overlooked problem of international peacebuilding stems from the divergent conceptions, between international officials and the local population, of authority and its sources of legitimacy. By helping a conflict-affected society reconcile the inherent tensions between competing forms of authority and, over time, deepen democracy--rather than lower the metrics for progress and conditions for exit, international peacebuilders can contribute to improved conditions for governance and a reduction in intra-state political violence. This examination of the peacebuilding-democratization nexus in war-torn societies aims to generate new insights for scholars, policy-makers, and practitioners in both the study and practice of politics and international relations.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature.

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.

Introduction to Intellectual Asset Management examines various ways adopted by leading companies in managing their intellectual assets and intellectual properties in leveraging them for optimal returns. Using case laws and anecdotes, the book explains how intellectual properties have created wealth for its creators whether they are patents, trademarks, copyright or design by careful negotiations and contractual obligations. The book provides an insight to the processes involved in the legal and business aspects of recognizing intellectual assets, converting them to intellectual property protecting and using them to create a brand value foe the organisation and the decision makers for creating and strategising new goals and achieving the existing ones.

In Europe and throughout the world, competence in English is spreading at a speed never achieved by any language in human history. This apparently irresistible growing dominance of English is frequently perceived and sometimes indignantly denounced as being grossly unjust. Linguistic Justice for Europe and for the World starts off arguing that the dissemination of competence in a common lingua franca is a process to be welcomed and accelerated, most fundamentally because it provides the struggle for greater justice in Europe and in the world with an essential weapon: a cheap medium of communication and of mobilization.
However, the resulting linguistic situation can plausibly be regarded as unjust in three distinct senses. Firstly, the adoption of one natural language as the lingua franca implies that its native speakers are getting a free ride by benefiting costlessly from the learning effort of others. Secondly, they gain greater opportunities as a result of competence in their native language becoming a more valuable asset. And thirdly the privilege systematically given to one language fails to show equal respect for the various languages with which different portions of the population concerned identify. Linguistic Justice for Europe and for the World spells out the corresponding interpretations of linguistic justice as cooperative justice, distributive justice and parity of esteem, respectively. And it discusses systematically a wide range of policies that might help achieve linguistic justice in these three senses, from a linguistic tax on Anglophone countries to the banning of dubbing or the linguistic territoriality principle.
Against this background, the book argues that linguistic diversity is not valuable in itself but it will nonetheless need to be protected as a by-product of the pursuit of linguistic diversity as parity of esteem.

This superb introduction to NATO is written for the national security novice, yet is full of insights for the more seasoned hand interested in how and why NATO reached its current state. In the more than half-century since NATO was founded, there has been endless debate about its purpose, about whether it is meeting that purpose, and about the strategies it employs to that end. Speculation has also been rife about the organization's "imminent demise." Those questions and more are the subject of NATO: A Guide to the Issues. Covering the organization from its founding in 1949 through the present, the guide examines aspects of NATO that have undergone tremendous change over the years, including its purpose, military mission, geographic concept of operations, and membership. At the same time, it explores key aspects of NATO's organization that have remained constant. These include the ability of members to participate in operations as much or as little as they desire, decision-making by consensus, and a general belief that people from different countries working together on a daily basis promotes cooperation, understanding, and friendship. Illustrations Maps A chronology

With the advent of globalization--where corporate organizations and the commercial relations that accompany them are argued to be becoming increasingly transnational--the locus of powers, authorities, and responsibilities has shifted to the global level. The nation-state arena is losing its capacity to regulate and control commercial processes and practices as a transformational logic kicks-in, associated with new forms of global rule-making and governance. It is this new arena of global rule-making that can be considered as a surrogate form of global constitutionalization, or "quasi-constitutionalization." But as might be expected, this surrogate process of constitutionalization is not a coherent system or set of rounded outcomes but full of contradictory half-finished currents and projects: an "assemblage" of many disparate advances and often directionless moves--almost an accidental coming together of elements. It is this assemblage that is to be investigated and unbundled by the analysis of the book.
The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level. It analyzes how we should characterize the process that has seen the international corporate arena increasingly subject to juridical and constitutional-like regulatory initiatives and interventions and whether this amounts to a new attempt to subject international commercial relations to the "rule of law" and, indeed, to rule the world through these very means.

The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association's Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.

In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

China and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives - doctrinal, comparative, empirical, economic, and legal - on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.

In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO's responsibility for wrongful conduct during its military operations. This timely book deals with the international responsibility of NATO during military operations. It examines, the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.

Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, 'for the sake of present and future generations.'

The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.

Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 38 features a set of Special Issue papers on the theme of 'The Backlash against International Law: Australian Perspectives'. These articles originated as papers presented to a June 2019 workshop at the Australian National University (ANU), which launched a global research partnership project between scholars at ANU, Indiana University and the University of Maryland.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.

In The Juridical Nature of Unilateral Acts of States in International Law Eva Kassoti explores the question of the legal nature of unilateral acts by focusing on their essential characteristics, namely unilateralism and the manifest intention to be bound. By analysing the legal and factual context surrounding the making of unilateral acts, this volume offers a list of indicators of the elements of unilateralism and manifest intention that will facilitate the determination of the existence of a unilateral juridical act in practice. Kassoti explores the legal nature of unilateral acts from the viewpoint of the theory of international juridical acts and thus, attests to the validity of this theory as a comprehensive framework for the analysis of all juridical acts in international law.