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Books > Law > International law > Public international law > General

The International Rule of Law - Rise or Decline? (Hardcover): Heike Krieger, Georg Nolte, Andreas Zimmermann The International Rule of Law - Rise or Decline? (Hardcover)
Heike Krieger, Georg Nolte, Andreas Zimmermann
R3,774 Discovery Miles 37 740 Ships in 10 - 15 working days

This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

The Actors of Postnational Rule-Making - Contemporary challenges of European and International Law (Hardcover): Elaine Fahey The Actors of Postnational Rule-Making - Contemporary challenges of European and International Law (Hardcover)
Elaine Fahey
R2,949 Discovery Miles 29 490 Ships in 10 - 15 working days

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.

Cyber Espionage and International Law (Hardcover): Russell Buchan Cyber Espionage and International Law (Hardcover)
Russell Buchan
R3,183 Discovery Miles 31 830 Ships in 10 - 15 working days

The advent of cyberspace has led to a dramatic increase in state-sponsored political and economic espionage. This monograph argues that these practices represent a threat to the maintenance of international peace and security and assesses the extent to which international law regulates this conduct. The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international law. This monograph challenges that assumption and reveals that there are general principles of international law as well as specialised international legal regimes that indirectly regulate cyber espionage. In terms of general principles of international law, this monograph explores how the rules of territorial sovereignty, non-intervention and the non-use of force apply to cyber espionage. In relation to specialised regimes, this monograph investigates the role of diplomatic and consular law, international human rights law and the law of the World Trade Organization in addressing cyber espionage. This monograph also examines whether developments in customary international law have carved out espionage exceptions to those international legal rules that otherwise prohibit cyber espionage as well as considering whether the doctrines of self-defence and necessity can be invoked to justify cyber espionage. Notwithstanding the applicability of international law, this monograph concludes that policymakers should nevertheless devise an international law of espionage which, as lex specialis, contains rules that are specifically designed to confront the growing threat posed by cyber espionage.

South-South Migrations and the Law from Below - Case Studies on China and Nigeria (Hardcover): Oreva Olakpe South-South Migrations and the Law from Below - Case Studies on China and Nigeria (Hardcover)
Oreva Olakpe
R3,016 Discovery Miles 30 160 Ships in 10 - 15 working days

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.

Climate Change and Small Island States - Power, Knowledge and the South Pacific (Paperback): Jon Barnett, John Campbell Climate Change and Small Island States - Power, Knowledge and the South Pacific (Paperback)
Jon Barnett, John Campbell
R1,601 Discovery Miles 16 010 Ships in 10 - 15 working days

Small Island Developing States are often depicted as being among the most vulnerable of all places to the effects of climate change, and they are a cause celebre of many involved in climate science, politics and the media. Yet while small island developing states are much talked about, the production of both scientific knowledge and policies to protect the rights of these nations and their people has been remarkably slow. This book is the first to apply a critical approach to climate change science and policy processes in the South Pacific region. It shows how groups within politically and scientifically powerful countries appropriate the issue of island vulnerability in ways that do not do justice to the lives of island people. It argues that the ways in which islands and their inhabitants are represented in climate science and politics seldom leads to meaningful responses to assist them to adapt to climate change. Throughout, the authors focus on the hitherto largely ignored social impacts of climate change, and demonstrate that adaptation and mitigation policies cannot be effective without understanding the social systems and values of island societies.

The Right to Development and International Economic Law - Legal and Moral Dimensions (Hardcover, New): Isabella D. Bunn The Right to Development and International Economic Law - Legal and Moral Dimensions (Hardcover, New)
Isabella D. Bunn
R3,679 Discovery Miles 36 790 Ships in 10 - 15 working days

The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.

National Security and Double Government (Hardcover): Michael J. Glennon National Security and Double Government (Hardcover)
Michael J. Glennon
R1,126 Discovery Miles 11 260 Ships in 10 - 15 working days

Why has U.S. security policy scarcely changed from the Bush to the Obama administrations? The theory of "double government" posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer that is extensively discussed in National Security and Double Government. Michael J. Glennon challenges the myth that U.S. security policy is made through the visible, "Madisonian institutions"-the President, Congress, and the courts, proposing that their roles are largely illusory. Presidential control is nominal, congressional oversight is dysfunctional, and judicial review is negligible. He argues that security policy is really made by the managers of the military, intelligence, diplomatic, and law enforcement agencies- a concealed "Trumanite network" of several hundred members who are responsible for protecting the nation, and who are primarily immune from constitutional restraints. As such, this new system of "double government" will not correct itself, as to do so would require those branches to exercise the very power that they lack. Glennon suggests that the main problem is political ignorance, which is becoming more acute as public influence on security policy declines. This book aims to inform and enlighten the reader about the Trumanite network, and highlight the restraints on the Constitution, which operates primarily upon the hollowed-out Madisonian institutions, and poses a grave threat to democratic accountability.

Cyber-Development, Cyber-Democracy and Cyber-Defense - Challenges, Opportunities and Implications for Theory, Policy and... Cyber-Development, Cyber-Democracy and Cyber-Defense - Challenges, Opportunities and Implications for Theory, Policy and Practice (Hardcover, 2014 ed.)
Elias G Carayannis, David F. J Campbell, Marios Panagiotis Efthymiopoulos
R3,789 R3,528 Discovery Miles 35 280 Save R261 (7%) Ships in 10 - 15 working days

In this volume, contributors from academia, industry, and policy explore the inter-connections among economic development, socio-political democracy and defense and security in the context of a profound transformation, spurred by globalization and supported by the rapid development of information and communication technologies (ICT). This powerful combination of forces is changing the way we live and redefining the way companies conduct business and national governments pursue strategies of innovation, economic growth and diplomacy.

Integrating theoretical frameworks, empirical research and case studies, the editors and contributors have organized the chapters into three major sections, focusing on cyber-development, cyber-democracy and cyber-defense.

The authors define "cyber-development" as a set of tools, methodologies and practices that leverage ICT to catalyze and accelerate social, political and economic development, with an emphasis on making the transition to knowledge-based economies. One underlying understanding here is that knowledge, knowledge creation, knowledge production and knowledge application (innovation) behave as crucial drivers for enhancing democracy, society, and the economy. By promoting dissemination and sharing of knowledge, "cyber-democracy "allows a knowledge conversion of the local into the global ("gloCal") and vice versa, resulting in a "gloCal" platform for communication and knowledge interaction and knowledge enhancement.Meanwhile, technology-enabled interconnectivity increases the need to adopt new methods and actions for protection against existing threats and possible challenges to emerge in the future.The final section contemplates themes of "cyber-defense" and security, as well as emerging theories and values, legal aspects and trans-continental links (NATO, international organizations and bilateral relations between states).Collectively, the authors present a unique collection of insights and perspectives on the challenges and opportunities inspired by connectivity."

Tools of Justice - Non-discrimination and the Indian Constitution (Paperback): Kalpana Kannabiran Tools of Justice - Non-discrimination and the Indian Constitution (Paperback)
Kalpana Kannabiran
R1,393 Discovery Miles 13 930 Ships in 10 - 15 working days

In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, 'insurgent' possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution - caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

The African Union: Legal and Institutional Framework - A Manual on the Pan-African Organization (Hardcover): Abdulqawi A.... The African Union: Legal and Institutional Framework - A Manual on the Pan-African Organization (Hardcover)
Abdulqawi A. Yusuf, Fatsah Ouguergouz
R7,686 Discovery Miles 76 860 Ships in 18 - 22 working days

This work is an introduction to the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) 10 years ago. Although the AU came into being in 2001, so far there is no comprehensive work which addresses the institution, its organs and structures, the scope of its operations, its legal framework and the normative standards underpinning its objectives and functions or those underlying the conventions, charters and protocols it has enacted or inherited from its predecessor, the OAU. It is the aim of this work to fill that void. It has been conceived as a manual, and not as a scholarly treatise, so as to serve as a basic introduction to the institutional and legal framework of the AU and its affiliated organizations. It is meant to offer a concise and clear picture of the nature and workings of a continental institution aimed not only at promoting peace and unity in Africa but also at ensuring human security, development, human rights protection and good governance for the peoples of Africa.

Sovereignty and the Responsibility to Protect - The Power of Norms and the Norms of the Powerful (Paperback): Theresa Reinold Sovereignty and the Responsibility to Protect - The Power of Norms and the Norms of the Powerful (Paperback)
Theresa Reinold
R1,487 Discovery Miles 14 870 Ships in 10 - 15 working days

This book explores how the bedrock institution of today's global order - sovereignty - is undergoing transformation as a result of complex interactions between power and norms, between politics and international law. This book analyses a series of controversial military interventions into the internal affairs of "irresponsible sovereigns" and discusses their consequences for the rules on the use of force and the principle of sovereign equality. Featuring case studies on Kosovo, Darfur and Afghanistan, It shows that frames from one discourse (for example the debate over the responsibility to protect) have been imported into other discourses (on counter-terrorism and nuclear non-proliferation) in an attempt to legitimize a bold challenge to the global legal order. Although the 'demise' of sovereignty is widely debated, this book instead seeks to 'deconstruct' sovereignty by explaining how this institution has been reconstituted by global powers whose hegemonic law-making activities have popularized the notion of sovereignty as responsibility. Drawing on international relations theory, international law and sociology, Sovereignty and the Responsibility to Protect develops a truly interdisciplinary perspective on the transformation of sovereignty and will be of strong interest to students and scholars in these fields.

Current Trends in Preparatory Proceedings - A Comparative Study of Nordic and Former Communist Countries (Hardcover, 1st ed.... Current Trends in Preparatory Proceedings - A Comparative Study of Nordic and Former Communist Countries (Hardcover, 1st ed. 2016)
Laura Ervo, Anna Nylund
R4,649 Discovery Miles 46 490 Ships in 10 - 15 working days

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.

Technology and the Law on the Use of Force - New Security Challenges in the Twenty-First Century (Hardcover): Jackson Maogoto Technology and the Law on the Use of Force - New Security Challenges in the Twenty-First Century (Hardcover)
Jackson Maogoto
R4,625 Discovery Miles 46 250 Ships in 10 - 15 working days

As governmental and non-governmental operations become progressively supported by vast automated systems and electronic data flows, attacks of government information infrastructure, operations and processes pose a serious threat to economic and military interests. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure, described in cyberspace as 'Web War I'. In 2010, a worm-Stuxnet-was identified as supervisory control and data acquisition systems at Iran's uranium enrichment plant, presumably in an attempt to set back Iran's nuclear programme. The dependence upon telecommunications and information infrastructures puts at risk Critical National Infrastructure, and is now at the core of national security interests. This book takes a detailed look at these new theatres of war and considers their relation to international law on the use of force. Except in cases of self-defence or with the authorisation of a Security Council Resolution, the use of force is prohibited under the UN charter and customary international law. However, the law of jus ad bellum was developed in a pre-digital era where current technological capabilities could not be conceived. Jackson Maogoto asks whether the law on the use of force is able to deal with legal disputes likely to arise from modern warfare. Key queries include how one defines an armed attack in an age of anti-satellite weaponry, whether the destruction of a State's vital digital eco-system or the "blinding" of military communication satellites constitutes a threat, and how one delimits the threshold that would enliven the right of self-defence or retaliatory action. The book argues that while technology has leapt ahead, the legal framework has failed to adapt, rendering States unable to legally defend themselves effectively. The book will be of great interest and use to researchers and students of international law, the law of armed conflict, Information Technology and the law, and counter-terrorism.

Contract Law in Changing Times - Asian Perspectives on Pacta Sunt Servanda (Hardcover): Normann Witzleb Contract Law in Changing Times - Asian Perspectives on Pacta Sunt Servanda (Hardcover)
Normann Witzleb
R4,081 Discovery Miles 40 810 Ships in 10 - 15 working days

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

The Concept of Military Objectives in International Law and Targeting Practice (Hardcover): Agnieszka Jachec-Neale The Concept of Military Objectives in International Law and Targeting Practice (Hardcover)
Agnieszka Jachec-Neale
R4,790 Discovery Miles 47 900 Ships in 10 - 15 working days

The concept that certain objects and persons may be legitimately attacked during armed conflicts has been well recognised and developed through the history of warfare. This book explores the relationship between international law and targeting practice in determining whether an object is a lawful military target. By examining both the interpretation and its post-ratification application this book provides a comprehensive analysis of the definition of military objective adopted in 1977 Additional Protocol I to the four 1949 Geneva Conventions and its use in practice. Tackling topical issues such as the targeting of TV and radio stations or cyber targets, Agnieszka Jachec-Neale analyses the concept of military objective within the context of both modern military doctrine and the major coalition operations which have been undertaken since it was formally defined. This monograph will be of great interest to students and scholars of international law and the law of armed conflict, as well as security studies and international relations.

Ethiopian Yearbook of International Law 2019 - Towards a Global Order based on Principles of Fairness, Solidarity, and Humanity... Ethiopian Yearbook of International Law 2019 - Towards a Global Order based on Principles of Fairness, Solidarity, and Humanity (Hardcover, 1st ed. 2020)
Zeray Yihdego, Melaku Geboye Desta, Martha Belete Hailu
R2,686 Discovery Miles 26 860 Ships in 18 - 22 working days

EtYIL 2019 comes out while the world is in the midst of a new coronavirus pandemic that has infected millions and killed thousands of people without distinction as to age, race, colour, or creed. As an attack on all humanity, Covid-19, the disease caused by the coronavirus, has challenged the fitness of the global order as never before, and its institutional and normative frameworks have been found wanting. As is often the case in such circumstances, when the WHO is denied resources to assist those countries or the WTO is unable to guarantee access to Covid-19 medical supplies and protective equipment, it is the poorest nations that suffer the most. EtYIL's mission is to provide a platform for purpose-oriented scholarly analysis and debate on issues of particular significance for African countries such as Covid-19, disputes over Nile water resources, and Ethiopia-Eritrea relations. Although the pandemic came too late for this issue of EtYIL, we have managed to include two important articles that examine the subject from geostrategic and legal perspectives. EtYIL 2019 also addresses a number of other topical issues, including the responsibility of the UN Security Council (UNSC) in climate-related risks to least developed countries, the Global South's approach to environmental protection, the challenges of international regulation of arms brokering, and the contributions of Martin Luther King, Jr. to Pan-Africanism and international human rights law. Finally, the Yearbook also continues its coverage of regional issues such as the evolving Ethiopia-Eritrea relations, Djibouti's accession to the ICSID Convention; the trilateral negotiations between Ethiopia, Sudan and Egypt over the Grand Ethiopian Renaissance Dam and the U.S. meddling and the role of the UNSC on the issue have also been covered. As before, our contributors come from all over the world, to all of whom we extend our sincere appreciations.

The Cuban Embargo under International Law - El Bloqueo (Hardcover, New): Nigel D. White The Cuban Embargo under International Law - El Bloqueo (Hardcover, New)
Nigel D. White
R4,631 Discovery Miles 46 310 Ships in 10 - 15 working days

The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law.

This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice.

As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.

Reforming the UN Security Council Membership - The illusion of representativeness (Paperback): Sabine Hassler Reforming the UN Security Council Membership - The illusion of representativeness (Paperback)
Sabine Hassler
R1,391 Discovery Miles 13 910 Ships in 10 - 15 working days

This book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The book places the discussion on reform of Security Council membership in the context of the council s primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members behalf. This book offers an inquiry into the Council s constitutional framework and how far that framework still reflects the expectations and intentions of the founding nations, whilst remaining flexible enough to satisfy today s, and possibly tomorrow s, membership. Through the use of policy-oriented jurisprudence and elements of the International Law/International Relations theory this book explores how reform can best be realised."

Reforming the UN Security Council Membership" will be of particular interest to scholars and students of International Law and International Relations."

Threats of Force - International Law and Strategy (Paperback): Francis Grimal Threats of Force - International Law and Strategy (Paperback)
Francis Grimal
R1,778 Discovery Miles 17 780 Ships in 10 - 15 working days

Despite recent attempts by scholars to examine the absolute prohibition of threats of force under Article 2(4) of the UN Charter, threats remain a largely un-chartered area in international law when compared with actual uses of force. Adopting an interdisciplinary approach and utilising strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force, which, helps to inform and explain why and how the normative structure operates in the way that it does. In addition to considering the normative rules regarding threats of force, this book focuses heavily on understanding the theory of threats of force or "threat theory". Drawing on strategic studies for an insight into practical workings of international law, the heart of the book examines whether international law, or indeed the international community, should distinguish between a threat of force which is little more than mere "sabre rattling" and one that is serious enough to send a state to DEFCON 1. Finally, the book considers the point at which a state pursuing nuclear capabilities may breach Article 2(4) with particular reference to both North Korean and Iranian efforts to pursue nuclear technology. This topical book will be of great interest not only to scholars and postgraduates in international law but also to academics and students in the fields of political science, international relations and strategic studies.

Contested Waterscapes in the Mekong Region - Hydropower, Livelihoods and Governance (Paperback): Francois Molle Contested Waterscapes in the Mekong Region - Hydropower, Livelihoods and Governance (Paperback)
Francois Molle
R1,778 Discovery Miles 17 780 Ships in 10 - 15 working days

The catchment area of the Mekong River and its tributaries extends from China, through Burma/Myanmar, Thailand, Laos, Cambodia and to Vietnam. The water resources of the Mekong region - from the Irrawaddy and Nu-Salween in the west, across the Chao Phraya to the Lancang-Mekong and Red River in the east- are increasingly contested. Governments, companies, and banks are driving new investments in roads, dams, diversions, irrigation schemes, navigation facilities, power plants and other emblems of conventional 'development'. Their plans and interventions should provide some benefits, but also pose multiple burdens and risks to millions of people dependent on wetlands, floodplains and aquatic resources, in particular, the wild capture fisheries of rivers and lakes. This book examines how large-scale projects are being proposed, justified, and built. How are such projects contested and how do specific governance regimes influence decision making? The book also highlights the emergence of new actors, rights and trade-off debates, and the social and environmental consequences of 'water resources development'. This book shows how diverse, and often antagonistic, ideologies and interests are contesting for legitimacy. It argues that the distribution of decision-making, political, and discursive power influences how the waterscapes of the region will ultimately look and how benefits, costs and risks will be distributed. These issues are crucial for the transformation of waterscapes and the prospects for democratizing water governance in the Mekong region. The book is part of the action-research of the M-POWER (Mekong Program on Water, Environment and Resilience) knowledge network. Published with IFAD, CG|AR Challenge Program on Water & Food, M-POWER, Project ECHEL-EAU and HEINRICH BOLL STIFTUNG

Resisting United Nations Security Council Resolutions (Hardcover, New): Sufyan Droubi Resisting United Nations Security Council Resolutions (Hardcover, New)
Sufyan Droubi
R4,644 Discovery Miles 46 440 Ships in 10 - 15 working days

The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation's Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter's meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present. In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.

Cultural Diversity in International Law - The Effectiveness of the UNESCO Convention on the Protection and Promotion of the... Cultural Diversity in International Law - The Effectiveness of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Hardcover, New)
Lilian Richieri Hanania
R4,643 Discovery Miles 46 430 Ships in 10 - 15 working days

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book's contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE's call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

Major Law and Policy Issues in the South China Sea - European and American Perspectives (Hardcover, New Ed): Yann-Huei Song,... Major Law and Policy Issues in the South China Sea - European and American Perspectives (Hardcover, New Ed)
Yann-Huei Song, Keyuan Zou
R4,650 Discovery Miles 46 500 Ships in 10 - 15 working days

Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries' responses to the Chinese assertiveness, China's historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan's role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.

Public-Private Partnerships and Responsibility under International Law - A Global Health Perspective (Hardcover, New): Lisa... Public-Private Partnerships and Responsibility under International Law - A Global Health Perspective (Hardcover, New)
Lisa Clarke
R4,644 Discovery Miles 46 440 Ships in 10 - 15 working days

Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to better manage the growing risk of disease. In the shadow of the success of these partnerships lies, however, the possibility of something going wrong and it is to this shadow that this book sheds light. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of partnerships under international law is explored in order to determine whether or not partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. The possibility of holding partnerships responsible in domestic legal systems and the immunity partnerships have from the jurisdiction of domestic courts in certain states is also considered. The obstacles to holding partnerships themselves responsible leads finally to an investigation into the possibility of holding states and/or international organizations, as partners and/or hosts of partnerships, responsible under international law in relation to the acts of partnerships. This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.

International Law, New Diplomacy and Counterterrorism - An interdisciplinary study of legitimacy (Hardcover, New): Steven J.... International Law, New Diplomacy and Counterterrorism - An interdisciplinary study of legitimacy (Hardcover, New)
Steven J. Barela
R2,946 Discovery Miles 29 460 Ships in 10 - 15 working days

This interdisciplinary book explores how terrorism is meant to target a government's legitimacy, and advocates for sounder defensive measures when countering international attacks. The dramatic increase in global cooperation throughout the twentieth century-between international organisations and their state missions of diplomats, foreign officers, international civil servants, intelligence officers, military personnel, police investigators, judges, legislators, and financial regulators-has had a bearing on the shape and content of the domestic political order. The rules that govern all of these interactions, and the diplomats engaged to monitor and advocate for compliance, have undergone a mushrooming development following the conclusion of each world war. This dramatic growth is arguably the most significant change the international structure has experienced since the inception of the state-based system ushered in with the Peace of Westphalia in 1648. International Law, New Diplomacy and Counterterrorism explores the impact of this growth on domestic legitimacy through the integration of two disciplines: international law and political philosophy. Focusing particularly on the cross-border counterterrorism actions launched by the United States, the author investigates how civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government's counterterrorism policies reaching across international borders. The book concludes that those who craft counterterrorism policies must be attentive to defending the target of legitimacy by being wholly mindful of the realms of legality, morality and efficacy when exercising force. This book will be of much interest to students of international law, diplomacy, counterterrorism, political philosophy, security studies and IR.

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