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.

The budgetary squeeze of the 1990s has made it obvious that the government cannot address every possible environmental problem. Comparative risk assessment (CRA) is increasingly advanced as the means for setting realistic priorities. RFF's Center for Risk Management commissioned background papers from leading experts on CRA for a meeting with federal regulatory officials. Comparing Environmental Risks presents the revised papers of this workshop. Representing the state of the art on programmatic CRA, its methodological analyses and practical recommendations will be invaluable to government officials, independent analysts, and anyone studying environmental policy.

Trust is an important factor in risk management, affecting judgements of risk and benefit, technology acceptance and other forms of cooperation. In this book the world's leading risk researchers explore all aspects of trust as it relates to risk management and communication. The authors draw on a wide variety of disciplinary approaches and empirical case studies on topics such as mobile phone technology, well-known food accidents and crises, wetland management, smallpox vaccination, cooperative risk management of US forests and the disposal of the Brent Spar oil drilling platform. The book integrates diverse research traditions and provides new insights into the phenomenon of trust, including the factors that lead to the establishment and erosion of trust. Insightful analyses are provided for researchers and students of environmental and social science and professionals engaged in risk management and communication in both public and private sectors.

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 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.

This book reviews and presents antitrust law compliance programmes from different angles. These programmes have been increasingly implemented and refined by firms over recent years, and various aspects of this topic have been researched. The contributions in this book extend beyond the treatment of legal issues and show how lawyers, economists, psychologists, and business scholars can help design antitrust law compliance programmes more effectively and run them more efficiently.

This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

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 examines the background and context of Latin America's political and socioeconomic landscape with a focus on space activities. Firstly, it discusses Latin America's contribution to this sector from an international relations perspective, and explores the debates around the establishment of a Latin American Space Agency. It then highlights space-related capacity building, Latin America's participation in UNCOPUOS, and international space activities, agreements, and initiatives in Latin America. The second part is devoted to the national space infrastructures and space activities of Latin American states. It analyzes various spacefaring countries in the context of their intra-regional space relations and initiatives as well as their bi-lateral cooperation programs. This timely book is of interest to scholars and professionals working in the space field, especially those in Latin America and other emerging countries.

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.

Reauthorization of the Superfund law continues to be a major source of controversy among political leaders and environmental activists. Some seek a major overhaul of the statute, arguing that considerable cleanup still needs to be done. Others oppose major changes, asserting that cleanup is almost complete. One of the most contentious issues in the debate is whether the taxes that once stocked the Superfund Trust Fund need to be reinstated. The answer depends in large part on how much money EPA will need to implement the Superfund program. To inform this discussion, the U.S. Congress asked Resources for the Future (RFF) to estimate the program's future costs. The results of this research are included in Superfund's Future, a book that will become an essential reference for all participants in the debate about one of the nation's most controversial environmental programs.

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.

Pollution control, a key component of U.S. environmental policy, has made important progress in recent decades. Yet important problems remain and there is need for improvement in the pollution control regulatory system. This book is the most extensive evaluation of that system ever produced. It reveals many strengths and accomplishments, but also illustrates serious shortcomings and the need for reform. The volume emerges from three years of research on a fragmented 'system' of institutions, statutes, and procedures that is often inefficient and ineffective, hobbled by misplaced priorities. Part I provides an in-depth description of this system, centered on the federal Environmental Protection Agency and the labyrinthine laws it must implement. The authors evaluate the federal legislation, administrative decisionmaking, and the state-federal division of labor that defines the system. Davies and Mazurek assess the effectiveness and efficiency of U.S. pollution control. They discuss the performance of U.S. laws and regulations in comparison with those of other nations, assess the ability of the U.S. pollution control system to meet future problems, and consider proposals for reform and repair. Within this far reaching analysis, they include criteria that are often overlooked by policymakers and analysts, including social values, equity, nonintrusiveness, and public participation.

Many people today feel that something has gone wrong with British society and British politics. The quality of like seems to be declining. Crime soars. Traffic and pollution spiral. Mass unemployment is undiminished, while many people experience insecurity and stress at work. Growing poverty and inequality have left many of Britain's citizens excluded from mainstream society. Everywhere, the sense of community seems to be breaking down. In the world as a whole, poverty and conflict cause immense suffering and threaten the security of nations. Global environmental degradation - from the greenhouse effect to the destruction of rainforests - makes the very future of the planet uncertain. Yet the political system seems barely to register what is happening. It is hardly surprising that public disillusionment with politicians and Parliament has never been higher. The Politics of the Real World addresses these interlocking crises. Setting out the issues clearly, it explains how conventional economic and social policies are creating the problems we face, not solving them. Arguing that the British political system itself needs rejuvenating, it proposes a new direction for the UK in an increasingly globalised world.

Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.

It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d'Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.

Can trade liberalization and environmental protection be pursued together, or do the two objectives inevitably conflict? The rapid evolution of international regimes and institutions is increasingly bringing such conflicts to the fore. A consensus, both on the extent of the clash, and on how it can be resolved, does not yet exist. This volume includes the proceedings from the RIIA's April 1997 conference on trade and the environment, which brought together prominent contributors from all sides of the debate, including industry, governments, academics, NG0s and intergovernmental institutions such as the World Trade Organization, UNEP, UNCTAD and the OECD. They examine the background to the issue; the impacts of trade-related environmental measures; the relationship between environmental policy, competitiveness and investment; industry and developing country concerns; and the evolution of dispute settlement procedures in the EU and the WTO. The concluding chapter features a wide-ranging discussion on the future of the debate and of the WTO's Committee on Trade and Environment.

This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies.

This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.

This volume, published in association with the United Nations Environment Programme, examines how co-ordinated action among neighbouring countries could reduce greenhouse gas emissions in ways which are environmentally, economically and socially beneficial. A framework is presented for analyzing regional mitigation options, along with specific proposals for southern Africa, such as pooling electricity supplies, changing transport patterns and promoting new forms of energy. It shows how regional projects and policies can be developed and supported by the global community to help reduce climate change, and provides a study for decision makers, researchers and students in the areas of global climate change, international relations, energy and environmental studies and African affairs.

An examination of the conflicts facing traditional pastoralist societies within the developing nations of Africa. The book explores the forms of traditional land tenure and access to grazing resources, which are being increasingly eroded by modern forms of ownership and development. It shows how communal land tenure arrangements are essential not only for the survival of these societies but also to manage the pastures and rangelands in question. The case studies are by local experts. They cover Kenya, Mali, Senegal, Mauritania, Sudan, Tanzania and Uganda. Each looks at: the political and legal context, trends in pastoral development, causes of conflict, procedures for resolving conflict, and environmental implications.

Effective policies to prevent global warming and climatic change are urgently required by the world community. However, international negotiations on this issue repeatedly come up against the problems of allocating responsibility for the greenhouse effect, and bearing the costs of remedying the situation.;This volume offers a multidisciplinary response to the challenge. It presents the scientific, economic and political issues and goes on to describe the policy options available. The different ways of determining responsibility for greenhouse gases and calculating obligations to pay for hazards to the environment are analyzed. The contributors examine the implications for various countries, while a concluding chapter explores climatic change negotations - what is at stake, and for whom.

Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

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.

Felix Dodds is the Milo Minderbinder of the stakeholder world!' Alex Kirby, BBC 'An invaluable tool for anyone wishing to understand and contribute effectively to the competition of good ideas that intergovernmental meetings should be' Paul Hohnen, former Strategic Director, Greenpeace International '...the book is a valuable resource for people willing to understand the practice of international negotiation and for those preparing to be influential negotiators.' Political Studies Review Organizations spend considerable resources taking staff to international meetings, often without understanding how these meetings work. This book is a unique guide on how to participate and be heard at intergovernmental meetings, whether as a stakeholder or a government official. It contains a wealth of essential reference material including tips for navigating the intergovernmental hot spots of New York and Geneva, lists of UN commissions, conferences and permanent missions, contact details of key international organizations, NGOs and stakeholder groups and useful web addresses. If you have never lobbied or just want to have a better understanding of how the intergovernmental governance process works, this book is the essential resource to make your work much easier.