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.

This book analyses how national parliaments and parliamentary parties performed their legislative, representative and control functions during the reform of European economic governance. Focusing on domestic approvals of anti-crisis measures (EFSF, ESM and the Fiscal Compact) in all member states of the Eurozone, the book aims at establishing to what extent national parliaments and parliamentary parties secured their competences in EU policy-making during that process. Taking an interdisciplinary approach, In order to address that question the book employs an interdisciplinary approach and analyses (i) in which states parliaments' formal powers in approval of anti-crisis measures were constrained, (ii) how parliamentary parties voted on the analysed measures, (iii) what were the dominant discourses of their proponents and opponents and (iv) which parties advocated neoliberal and which Keynesian measures. This text will be of key interest to scholars, students and practitioners in European Union politics and studies, political parties and parliaments, European Economic governance and more broadly to European politics.

International agreements such as the Kyoto Protocol, EU regulation and country-specific national climate policies offer some hope of addressing climate change. But all too often implementation of these high level objectives is derailed at the sub-national, local and - perhaps most important - individual level, by a variety of structural, policy and perceived barriers that result in a failure of effective action. Drawing on original research from Sweden, a world leader in effective environmental solutions, this volume examines the difficulties of aligning climate policy from international to national and sub-national levels. The authors address the full range of barriers and complexities, including governance structures, the relationship between 'experts' and the public, political feasibility, tax measures, perceptions of 'fairness' and self-interest, and the importance of environmental values. Also covered are the roles and perceptions of organizations and professions, the place of carbon-free technologies (such as wind power), the relationship between national and EU regulations, and the monumental challenge of governing the climate in a bordered and divided world. This volume is a vital source of information for all those seeking to create effective, coordinated responses to the challenge of climate change.

It is now more than a decade since the Right to Food Guidelines were negotiated, agreed and adopted internationally by states. This book provides a review of its objectives and the extent of success of its implementation. The focus is on the first key guideline - "Democracy, good governance, human rights and the rule of law" - with an emphasis on civil society participation in global food governance. The five BRICS countries (Brazil, Russia, India, China and South Africa) are presented as case studies: representing major emerging economies, they blur the line between the Global North and South, and exhibit different levels of human rights realisation. The book first provides an overview of the right to adequate food, accountability and democracy, and an introduction to the history of the development of the right to adequate food and the Right to Food Guidelines. It presents a historical synopsis of each of the BRICS states' experiences with the right to adequate food and an analysis of their related periodic reporting to the Committee on Economic, Social and Cultural Rights, as well as a specific assessment of their progress in regard to the first guideline. The discussion then focuses on the effectiveness of the Right to Food Guidelines as both a policy-making and monitoring tool, based on the analysis of the guidelines and the BRICS states.

Social trust is a crucial issue to many aspects of modern society. Policy makers continually aspire to winning it and corporations frequently run the risk of losing it. The 'trust deficit' raises vital questions and problems to which until recently there have been few answers or solutions. Experts from both sides of the Atlantic explore the importance for trust of various influences, from individual perceptions to organizational systems, and consider the conditions involved in building or undermining trust. Several authors examine practical hazard management issues, including medical vaccination programmes and popular participation in pollution control and waste management as strategies for enhancing social trust. This book provides insightful analysis for researchers and students of environmental and social sciences and is essential reading for those engaged in risk management in both the public and private sectors.

Public choice, an important subdiscipline in the field of political theory, seeks to understand how people and societies make decisions affecting their collective lives. Relying heavily on theoretical models of decision making, public choice postulates that people act in their individual interests in making collective decisions. As it happens, however, reality does not mirror theory, and people often act contrary to what the principal public choice models suggest. In this book, Russell Hardin looks beyond the models to find out why people choose to act together in situations that the models find quite hopeless. He uses three constructs of modern political economy--public goods, the Prisoner's Dilemma, and game theory--to test public choice theories against real world examples of collective action. These include movements important in American society in the past few decades--civil rights, the Vietnam War, women's rights, and environmental concerns. This classic work on public choice will be of interest to theoreticians and graduate students in the fields of public choice, political economy, or political theory--and to those in other disciplines who are concerned with the problem of collective action in social contexts.

Decentralization is sweeping the world and having dramatic and far-reaching impacts on resource management and livelihoods, particularly in forestry. This book is the most up-to-date examination of the themes, experiences and lessons learned from decentralization worldwide. Drawing on research and support from all of the major international forestry and conservation organizations, the book provides a balanced account that covers the impact of decentralization on resource management worldwide, and provides comparative global insights with wide implications for policy, management, conservation and resource use and planning. Topics covered include forest governance in federal systems, democratic decentralization of forests and natural resources, paths and pitfalls in decentralization and biodiversity conservation in decentralized forests. The book provides in-depth case studies of decentralization from Bolivia, Ghana, Indonesia, Russia, Scotland, Switzerland, Uganda and the US, as well as highlights from federal countries including Australia, Brazil, Canada, India and Malaysia. It also addresses the critical links between the state, forests, communities and power relations in a range of regions and circumstances, and provides case examples of how decentralization has been viewed and experienced by communities in Guatemala, Philippines and Zimbabwe. The Politics of Decentralization is state-of-the-art coverage of decentralization and is essential for practitioners, academics and policy-makers across forestry and the full spectrum of natural resource management.

Global warming is the most severe environmental challenge faced by humanity today and the costs of responding effectively will be high. While Russia's ratification of the Kyoto Protocol ensures the treaty's entry into force, lack of capacity, or incentives to renege on their commitments, will impede mitigation efforts in many countries. An important prerequisite for the proper functioning of the Protocol is that its compliance system - which is spelled out by the Marrakesh Accords - proves effective. Implementing the Climate Regime describes and analyses Kyoto's compliance system. Organized into four parts, Part I describes the emergence and design of the compliance system, while Part II analyses various challenges to its effective operation - such as the development of norms, verification and the danger that the use of punitive 'consequences' may also hurt compliant countries. Part III discusses the potential role of external enforcement, with particular emphasis on trade sanctions. Part IV addresses the relationship between Kyoto compliance on one hand, and international governance, oil companies and green NGOs on the other.

Military coups are a constant threat in Africa and many former military leaders are now in control of 'civilian states', yet the military remains understudied, especially over the last decade. Drawing on extensive archival research, cross-national data, and four in-depth comparative case studies, When Soldiers Rebel examines the causes of military coups in post-independence Africa and looks at the relationship between ethnic armies and political instability in the region. Kristen A. Harkness argues that the processes of creating and dismantling ethnically exclusionary state institutions engenders organized and violent political resistance. Focusing on rebellions to protect rather than change the status quo, Harkness sheds light on a mechanism of ethnic violence that helps us understand both the motivations and timing of rebellion, and the rarity of group rebellion in the face of persistent political and economic inequalities along ethnic lines.

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.

Best known for his fundamental work on acting, Stanislavski was deeply drawn to the challenges of opera. His brilliant chapters here on Russian classics--BorisGudonov and The Queen of Spades among them--as well as LaBoheme will amaze and delight lovers of opera. Also includes 12 musical examples.

Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.

This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.

At the end of the twentieth century, academics and policymakers welcomed a trend toward fiscal and political decentralization as part of a potential solution for slow economic growth and poor performance by insulated, unaccountable governments. For the last two decades, researchers have been trying to answer a series of vexing questions about the political economy of multi-layered governance. Much of the best recent research on decentralization has come from close collaborations between university researchers and international aid institutions. As the volume and quality of this collaborative research have increased in recent decades, the time has come to review the lessons from this literature and apply them to debates about future programming. In this volume, the contributors place this research in the broader history of engagement between aid institutions and academics, particularly in the area of decentralized governance, and outline the challenges and opportunities to link evidence and policy action.

The ongoing information revolution is perceived as a profound organizational challenge for foreign ministries. Yet there is only scant empirical evidence on the nature of the change dynamics. Anchored in new institutionalist approaches in political science, this book reconceptualizes diplomacy as an institution of the modern state order and identifies its key organizing principles maintained by the global group of foreign ministries. With this conceptualization as a point of departure, the book provides a comparative analysis of information technolology effects in the foreign ministries of Canada, Norway and Slovakia. The result is a comprehensive assessment of the magnitude and the direction of change in the organizational machinery of diplomacy in early 21st Century.

With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later.
The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.

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.

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.

People's relationship to nature is the greatest issue facing the world at the turn of the millennium, and all over the world young people have shown enormous enthusiasm for environmental action. Many countries are radically reassessing both the role of citizens in managing their environment and the rights and responsibilities of children to be involved in shaping their own and their communities' futures. This book, by one of the world's leading authorities on environmental education, is written in the conviction that children can play a valuable and lasting role in sustainable development, if their participation is taken seriously and planned with thought for their developing capabilities and unique strengths. Through direct participation, children can develop a genuine appreciation of democracy and a sense of their own competence and responsibility. The planning, design, monitoring and management of the physical environment is an ideal domain for their participation, in part because their commitment to it is so strong. The book is for planners, educationalists and environmentalists, introducing the theory and the practice of children's participation, and its importance for developing democracy and sustainable communities. It emphasises genuine participation, where children are themselves involved in defining problems and acting as reflective, critical participants in issues affecting their communities. The 'environment' is interpreted broadly to include, for example, the planning of housing areas and the management of playgrounds. Detailed case studies are provided from urban and rural, poor and middle class communities from both the North and South. For teachers, group facilitators and community leaders, it presents organising principles, successful models, practical techniques and resources for involving young people in environmental projects.

This book is dedicated to the nascent discussion of the legal aspects of human exploration and possible settlement of Mars, and provides fresh insights and new ideas in two key areas. The first one revolves around the broader aspects of current space law, such as intellectual property rights in outer space, the legal implications of contact with extra-terrestrial intelligence, legal considerations around the freedom of exploration and use, and the International Space Station agreement as a precedent for Mars. The second one focuses on the creation and management of a new society on Mars, and includes topics such as human reproduction and childbirth, the protection of human rights in privately-funded settlements, legal aspects of a Martian power grid, and criminal justice on the red planet. With multiple national space agencies and commercial enterprises focusing on Mars, it is more than likely that a human presence will be established on the red planet in the coming decades. While the foundation of international space law, laid primarily by the Outer Space Treaty, remains the framework within which humans will engage with Mars, new and unforeseen challenges have arisen, driven particularly by the rapid pace of technological advancement in recent years. To ensure that space law can keep up with these developments, a new scholarly work such as the present one is critical. By bringing together a number of fresh international perspectives on the topic, the book is of interest to all scholars and professionals working in the space field.

Uncertainty in Policy Making explores how uncertainty is interpreted and used by policy makers, experts and politicians. It argues that conventional notions of rational, evidence-based policy making - hailed by governments and organisations across the world as the only way to make good policy - is an impossible aim in highly complex and uncertain environments; the blind pursuit of such a 'rational' goal is in fact irrational in a world of competing values and interests. The book centres around two high-profile and important case studies: the Iraq war and climate change policy in the US, UK and Australia. Based on three years' research, including interviews with experts such as Hans Blix, Paul Pillar, and Brian Jones, these two case studies show that the treatment of uncertainty issues in specialist advice is largely determined by how well the advice fits with or contradicts the policy goals and orientation of the policy elite. Instead of allowing the debates to be side-tracked by arguments over whose science or expert advice is 'more right', we must accept that uncertainty in complex issues is unavoidable and recognise the values and interests that lie at the heart of the issues. The book offers a 'hedging' approach which will enable policy makers to manage rather than eliminate uncertainty.

With the end of the Second World War a new world order arose based on the prohibition of military force in international relations, and yet since 1945 British troops have been regularly deployed around the globe: most notably to Korea, Suez, Cyprus, and the Falklands during the Cold War; and Kuwait, Bosnia, Kosovo, Afghanistan and Iraq since the fall of the Berlin Wall. British forces have been involved in many different capacities: as military observers, peacekeepers, peace-enforcers, state-builders and war-fighters. The decisions to deploy forces are political ones made within several constitutional frameworks, national, regional and international. After considering the various legal and institutional regimes, this book examines the decision to deploy troops from the perspective of international law.
In its military interventions Britain has consistently tried to utilize international law to justify its actions, though often it argues against orthodox interpretation of the laws. In gauging whether its actions are in breach of international law we can again make judgments at different levels using various forms of accountability - from judicial fora (for example the International Court of Justice in The Hague or the European Court of Human Rights in Strasbourg), to political ones (the UN General Assembly in New York or the House of Commons in Westminster). While this book examines international and regional mechanisms, tumultuous debates on the Suez crisis, Afghanistan, Iraq and others in the House of Commons and its Committees are highlighted to show how international law impacts upon domestic politics. In considering whether democratic accountability is effective in upholding the principles of international law, this book throws new light on an old democracy, and thereby makes a contribution to the current reform proposals that are aimed at improving democratic decision-making.

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States' obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.