America and the Law of Nations 1776-1939 is a unique exploration of the ways in which Americans have perceived, applied, advanced, and frustrated international law. It demonstrates the varieties and continuities of America's approaches to international law. The book begins with the important role the law of nations played for founders like Jefferson and Madison in framing the Declaration of Independence and the Constitution. It then discusses the intellectual contributions to international law made by leaders in the New Republic -Kent and Wheaton- and the place of international law in the 19th century judgments of Marshall, Story, and Taney. The book goes on to examine the contributions of American utopians -Dodge, Worcester, Ladd, Burritt, and Carnegie- to the establishment of the League of Nations, the World Court, the International Law Association and the American Society of International Law. It finishes with an analysis of the wavering support to international law given by Woodrow Wilson and the emergence of a new American isolationism following the disappointment of World War I.
For anyone who hopes to understand the important place of international law in America and the complex role of America in the development of international law, America and the Law of Nations 1776-1939 is a crucial read.

For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.

Finance is a critical issue for municipal governments around the world, and a major constraint on the delivery of pro-poor services at the local level. In many countries, decentralisation has brought the issue of municipal finance to the fore. This sourcebook provides a framework for analysing municipal finance capacity and ways of addressing financial constraints. The ideas come from real-life innovative practice in four countries - India, Brazil, Kenya and Uganda - with additional examples from elsewhere. Emphasis is given to how those innovations and improvements were developed and sustained. The book identifies a strategic framework for diagnosing municipal finance capacity and focusing financial goals. It applies the analysis to a number of critical areas of municipal finance including local taxes, charges for services, budgeting, cost control, accounting reforms and investment finance. This is the third in a series of capacity-building sourcebooks that includes Focusing Partnerships: A Sourcebook for Municipal Capacity Building in Public-Private Partnerships and Municipalities and Community Participation: A Sourcebook for Capacity Building.

Kenneth W. Abbott examines the deep entanglement of law and politics in the structures and activities of international organizations and provides a comprehensive overview of the literature in this area, enabling the reader to trace legal, political and scholarly developments over time.

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

This book offers the first book-length explanation of the UN's politics of selective humanitarian intervention. Over the past 20 years the United Nations has imposed economic sanctions, deployed peacekeeping operations, and even conducted or authorized military intervention in Somalia, Bosnia, or Libya. Yet no such measures were taken in other similar cases such as Colombia, Myanmar, Darfur-or more recently-Syria. What factors account for the UN's selective response to humanitarian crises and what are the mechanism that drive-or block-UN intervention decisions? By combining fuzzy-set analysis of the UN's response to more than 30 humanitarian crises with in depth-case study analysis of UN (in)action in Bosnia and Darfur, as well as in the most recent crises in Cote d'Ivoire, Libya and Syria, this volume seeks to answer these questions.

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.
Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.
Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.

Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity. This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.

Under pressure from globalization, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society.
This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterized by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict rules whose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns about stability, power and the rule of law.
This book analyzes the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. The empirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralist settings.

In this significantly revised second edition of Bronwyn Hayward's acclaimed book Children Citizenship and Environment, she examines how students, with teachers, parents, and other activists, can learn to take effective action to confront the complex drivers of the current climate crisis including: economic and social injustice, colonialism and racism. The global school strikes demand adults, governments, and businesses take far-reaching action in response to our climate crisis. The school strikes also remind us why this important youthful activism urgently needs the support of all generations. The #SchoolStrike edition of Children Citizenship and Environment includes all new contributions by youth, indigenous and disability activists, researchers and educators: Raven Cretney, Mehedi Hasan, Sylvia Nissen, Jocelyn Papprill, Kate Prendergast, Kera Sherwood O' Regan, Mia Sutherland, Amanda Thomas, Sara Tolbert, Sarah Thomson, Josiah Tualamali'i, and Amelia Woods. As controversial, yet ultimately hopeful, as it was when first published, Bronwyn Hayward develops her 'SEEDS' model of 'strong ecological citizenship' for a school strike generation. The SEEDS of citizenship education encourage students to develop skills for; Social agency, Environmental education, Embedded justice, Decentred deliberation and Self-transcendence. This approach to citizenship supports young citizens' democratic imagination and develops their 'handprint' for social justice. This ground-breaking book will be of interest to a wide audience, in particular teachers and professionals who work in Environmental Citizenship Education, as well as students and community activists with an interest in environmental change, democracy and intergenerational justice.

The open access book examines the consequences of the Italian Constitutional Court's Judgment 238/2014 which denied the German Republic's immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book's three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler's Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

Over the last century, international courts, once reserved for arcane matters of diplomacy and trade, have begun to address a broad range of human experience and activity. This volume corrects some of the common misperceptions about international judges, while providing a balanced introduction to both the strengths and shortcomings of their work. As they rule on crucial issues of war and peace, human rights, and trade, in addition to high-profile criminal trials, international judges are playing a critical role in developments that will affect world affairs for years to come. Based on interviews with more than 30 international judges, this volume is the first comprehensive portrait of the men and women in this new global profession. The working environment of international judges is closely examined in courts around the world, highlighting the challenge of carrying out work in multiple languages, in the context of intricate bureaucratic hierarchies, and with a necessary interdependence between judges and their courts' administration. Arguing that international judges have to balance their responsibilities as interpreters of the law and as global professionals, the authors discuss the challenges of working in the fluid circumstances of international courts. Profiles of five individual judges provide insight into the experience and dilemmas of the men and women on the international bench.

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.

This series is designed to cover all aspects of sound financial management for local governments in developed and developing countries and economies in transition. Concepts of good governance, transparency and accountability are woven into the text of every chapter, and the needs and potential obstacles to greater decentralization and democracy are highlighted. Each volume is self-contained with its own Trainer's Guide, exercises and web resources. Chapters are divided into basic and advanced concepts and the detailed relationship of each topic to the others covered in the series is explained.

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

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.

Cities around the globe struggle to create better and more equitable access to important destinations and services, all the while reducing the energy consumption and environmental impacts of mobility. An Introduction to Sustainable Transportation illustrates a new planning paradigm for sustainable transportation through case studies from around the world with hundreds of valuable resources and references, color photos, graphics and tables. The second edition builds and expands upon the highly acclaimed first edition, with new chapters on urban design and urban, regional and intercity public transportation, as well as expanded chapters on automobile dependence and equity issues; automobile cities and the car culture; the history of sustainable and unsustainable transportation; the interrelatedness of technologies, infrastructure energy and functionalities; and public policy and public participation and exemplary places, people and programs around the globe. Among the many valuable additions are discussions of autonomous vehicles (AVs), electric vehicles (EVs), airport cities, urban fabrics, urban heat island effects and mobility as a service (MaaS). New case studies show global exemplars of sustainable transportation, including several from Asia, a case study of participative and deliberative public involvement, as well as one describing life in the Vauban ecologically planned community of Freiburg, Germany. Students in affiliated sustainability disciplines, planners, policymakers and concerned citizens will find many provides practical techniques to innovate and transform transportation.

At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses - a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

Geoengineering provides new possibilities for humans to deal with dangerous climate change and its effects but at the same time creates new risks to the planet. This book responds to the challenges geoengineering poses to International Law by identifying and developing the rules and principles that are aimed at controlling the risks to the environment and human health arising from geoengineering activities, without neglecting the contribution that geoengineering could make in preventing dangerous climate change and its impacts. It argues first that the employment of geoengineering should not cause significant environmental harm to the areas beyond the jurisdiction of the state of origin or the global commons, and the risk of causing such harm should be minimized or controlled. Second, the potential of geoengineering in contributing to preventing dangerous climate change should not be downplayed.

How can the international community respond to states that fail to respect fundamental rules of international law? Does state sovereignty form an obstacle to the development of international legal principles, rules, and in particular, decision-making procedures as a basis for international governance? The contributors to this volume investigate these various aspects of state sovereignty and international governance. Their findings suggest that although sovereign states will remain the most important actors, global governance will lead to restrictions on the exercise of sovereignty.

A discussion on the future of trade, investment and the environment. It sets out the trade, investment and environment agenda in the run-up to the Millennium Round of trade negotiations. Topics covered include: building markets for sustainable trade; environmental regulation; finance and transnational corporations; environmental regulation and international investment; and conflict resolution in the World Trade Organization. The contributors include Renato Ruggiero (WTO Director General), Brian Wilson MP (UK Trade Minister), and John Gummer MP (former UK Secretary of State for the Environment).

Environmental problems do not respect international boundaries; they affect the entire globe, and dealing with them is a matter for international political negotiation, law and institutions. Greening International Law assesses the extent to which the international community has so far adapted to address environmental problems, and examines the fundamental changes needed to the structure and organisation of the legal system and its institutions. The contributors to this volume have all played a central role in the development of international environmental law over the past decade, and their essays will be of interest to all those professionally, academically or individually concerned with the resolution of environmental problems.

The U.S. Environmental Protection Agency was created to protect public health and the environment, and it has traditionally emphasized its regulatory mission over its scientific mission. Yet for environmental policy to be credible with the public and policymakers, EPA's actions must have a sound basis in science. In Science at EPA, Mark Powell offers detailed case studies that map the origins, flow, and impact of scientific information in eight EPA decisions involving the agency's major statutory programs. Drawing on extensive research and interviews, he provides the most comprehensive examination available on the acquisition and use of science in environmental regulation. Powell describes the key obstacles to the practical, efficient, and effective acquisition and use of knowledge in what is a crucial, but complex endeavor. His book is an essential contribution for practitioners, scholars and students, and citizens who are determined to protect our environment rationally and effectively.