What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.

Environmental values and concerns are meant to be reflected through environmental policy, which is then integrated into mainstream economic and social policy and serves to govern society and the economy. Yet effective environmental policy integration (EPI) has proven to be very difficult in actual practice and it remains largely an elusive aspiration. This is particularly the case in core economic sectors such as energy and agriculture, which have enormous environmental impacts but are also sectors in which other priorities typically override environmental concerns in policy creation. This groundbreaking volume presents the first ever detailed examination of EPI at the national policy level, focusing on the key sectors of energy and agriculture within Sweden, a country that is widely recognized as a leader in Europe and worldwide. In doing so, the authors unpack EPI, look at what it means in policy formation and examine how environmental priorities are treated in relation to other political priorities.The final section of the book lays out the major findings and presents key lessons for international application including institutional recommendations on how to enhance the potential for EPI. Most fundamentally, the book answers the questions of what works and why for EPI, and how it can be achieved in practice across sectors. The result is a rich and indispensable guide for all those involved in policy formation in governments, NGOs and business and industry as well as environmental management professionals, and researchers and higher level students studying environmental policy.

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.

Recentering the World recovers a richly contextual, detailed history of Western-imposed legal structures in China, as well as engagements with international law by Chinese officials, jurists, and citizens. Beginning in the Late Qing era, it shows how international law functioned as a channel for power relations, techniques of economic domination, as well as novel forms of resistance. The book also radically diversifies traditionally Eurocentric accounts of modern international law's origins, demonstrating how, by the mid-twentieth century, Chinese jurists had made major contributions to international organizations and the UN system, the international judiciary, the laws of armed conflict, and more. Drawing on extensive archival research, this book is a valuable guide to China's often conflicted role in international law, its reception and contention of concepts of sovereignty, property, obligation, and autonomy, and its gradual move from the 'periphery' to a shared spot at the 'center' of global legal order.

The extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts. By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof. Dr Saranovic combines historical and comparative perspectives to identify several theoretical flaws in the court's jurisdiction to grant this popular form of interim relief. The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the domestic and international arena.

There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.

* The complexities of animal behavior revealed in the last few decades are astonishing, but what are the implications? * Do animals experience the world in a similar way to humans, and do they have a similar capacity for suffering and enjoyment? If they do, does it matter? * Should we mind that farmed animals can be confined all their lives and are sacrificed for human consumption? * Humans have long used animals for social and economic purposes, but should we, and can we afford to, think about it and make changes? * The use of animals for meat, for hide, for their labor and in laboratories has been justified with the assumption that unlike humans, animals aren't fully sentient beings. * This book challenges that assumption with groundbreaking new research that brings into question everything we've ever thought about the ways animals experience the world. * Over twenty contributions from internationally-renowned experts on animal behavior and agriculture, including big names such as Jane Goodall, Tim Lang, and Vandana ShivaIn this book, internationally respected contributors are brought together for the first time to debate and attempt to answer these questions. The first sections discuss scientific and ethical perspectives on the consciousness, emotions, and mental abilities of animals. Later sections address how human activities such as science, law, farming, food production, trade, development, and education respect or ignore animals' sentience and welfare, and review the options for changes in our thinking, policies, and practices.Published with Compassion in World Farming Trust.

Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.

In the last forty years, agriculture in the industrialised countries has undergone a revolution. That has dramatically increased yields, but it has also led to extensive rural depopulation; widespread degradation of the environment; contamination of food with agrochemicals and bacteria; more routine maltreatment of farm animals; and the undermining of Third World economies and livelihoods through unfair trading systems. Confronted by mounting evidence of environmental harm and social impacts, mainstream agronomistis and policy-makers have debatedly recognized the need for change. 'Sustainable agricultutre' has become the buzz phrase. But that can mean different things to different people. We have to ask: sustainable agriculture for whom? Whose interests are benefiting? And whose are suffering? At issue is the question of power - of who controls the land and what it produces. Most of the changes currently under discussion will actually strengthen the status quo and the underlying causes of the damage. The result will be greater intensification of farming, environmental destruction and inequality. There are no simple off-the-shelf alternatives to industrial agriculture. There are, however, groups throughout the world, who have contributed to this report and who are working together on a new approach. An agriculture that, in Wendell Berry's words, 'depletes neither soil nor people'. Originally published in 1992

Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles.

The UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council's work in practice. This book aims to answer questions such as 'when are Council decisions binding and on whom?', 'what legal constraints exist on Council decision making?' and 'how far is the Council bound by international law?'. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.

Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book is the first of its kind to examine tunnel warfare in a systematic and comprehensive way, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law. To Dr. Richemond-Barak, this challenge has not only been under-explored, it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's own civilian infrastructure.

This book traces the role of human rights concerns in US foreign policy during the 1980s, focusing on the struggle among the Reagan administration and members of Congress. It demonstrates how congressional pressure led the administration to reconsider its approach to human rights and craft a conservative human rights policy centered on democracy promotion and anti-communism - a decision which would have profound implications for American attention to human rights. Based on extensive archival research and interviews, Rasmus Sinding Sondergaard combines a comprehensive overview of human rights in American foreign relations with in-depth case studies of how human rights shaped US foreign policy toward Soviet Jewry, South African apartheid, and Nicaragua. Tracing the motivations behind human rights activism, this book demonstrates how liberals, moderates, and conservatives selectively invoked human rights to further their agendas, ultimately contributing to the establishment of human rights as a core moral language in US foreign policy.

A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.

Negotiations on trade facilitation were concluded at the WTO 9th Ministerial Conference in 2013, and the Agreements on Trade Facilitation (TFA), therefore, became the first fully multilateral agreement in WTO history. Since then, trade facilitation has been in the limelight on the stage of the world trading system. During recent years, the TFA has been consistently on the agenda of the summits of G20, G7, and APEC. The Agreement has come into force and shall be implemented on a global scale. As a result, the WTO members shall be prepared to translate the Agreement into their domestic legislation, which will involve a series of reforms in trade laws and policies. There are extensive voices demanding a comprehensive expatiation on trade facilitation and the TFA. It is essential to systematically delve into the genesis of trade facilitation, revisit the course where the TFA came into being, and analyse the well-turned legalese of the TFA. This book meets this demand. This book is path-breaking in these aspects: it expounds on the rationales for trade facilitation and the significance of constituting an international accord on trade facilitation; it restores the one-century track of the international community's talks on trade facilitation, from the times of the League of Nations to the WTO era; it reveals how the WTO negotiating mechanisms enabled the TFA to be nailed down, which would be enlightening for trade diplomats engaged in other WTO negotiations; and it provides an in-depth commentary on the TFA articles, which will help stakeholders more accurately understand and implement the Agreement. This book will be especially valuable for government officials and policy-makers, trade practitioners, lawyers, advisers, and scholars interested in international economic law, WTO law, international trade, international relations, and international development studies.

The cutting-edge contributions to this book analyse different facets of the European Union (EU): closer integration among the member states, policymaking within a 'normal' political system, and the implications of European integration for its member states. This book also considers whether the challenges currently confronting the EU - the lingering Eurozone debt crises, the migrant/refugee crisis, the British decision to leave the EU, and terrorist attacks in Belgium, France and Germany - mark an inflection point for the Union and for the study of the EU. For the first time, 'less Europe', rather than closer integration, has emerged as a serious option in response to crisis. This possibility reignites questions of (dis)integration and calls into question the assumption of the EU as a 'normal' political system. This book was originally published as a special issue of the Journal of European Public Policy.

This volume deals with the very novel issue of cyber laundering. The book investigates the problem of cyber laundering legally and sets out why it is of a grave legal concern locally and internationally. The book looks at the current state of laws and how they do not fully come to grips with the problem. As a growing practice in these modern times, and manifesting through technological innovations, cyber laundering is the birth child of money laundering and cybercrime. It concerns how the internet is used for 'washing' illicit proceeds of crime. In addition to exploring the meaning and ambits of the problem with concrete real-life examples, more importantly, a substantial part of the work innovates ways in which the dilemma can be curbed legally.

This volume delves into a very grey area of law, daring a yet unthreaded territory and scouring undiscovered paths where money laundering, cybercrime, information technology and international law converge. In addition to unearthing such complexity, the hallmark of this book is in the innovative solutions and dynamic remedies it postulates.

Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.

Environmental activists and academics alike are realizing that a sustainable society must be a just one. Environmental degradation is almost always linked to questions of human equality and quality of life. Throughout the world, those segments of the population that have the least political power and are the most marginalized are "selectively victimized" by environmental crises This book argues that social and environmental justice within and between nations should be an integral part of the policies and agreements that promote sustainable development. The book addresses the links between environmental quality and human equality and between sustainability and environmental justice. The topics discussed include: anthropocentrism; biotechnology; bioprospecting; biocultural assimilation; deep and radical ecology; ecological debt; ecological democracy; ecological footprints; ecological modernization; feminism and gender; globalization; participatory research; place, identity and legal rights; precaution; risk society; selective victimization; and valuation.

This book provides an important survey of the causes and current state of corruption across a range of nations and regions. Delving into the diverse ways in which corruption is being combatted, the book explores and describes efforts to inculcate principles of ethical conduct in citizens, private sector actors and public sector personnel and institutions. Corruption is a global condition that effects every type of government, at every level, and has bewitched scholars of governance from ancient times to the present day. The book brings together chapters on a range of state and regional corruption experiences, framing them in terms of efforts to enhance ethical conduct and achieve integrity in government practices and operations. In addition, the book addresses and analyses the theoretical and practical bases of ethics that form the background and historical precepts of efforts to create integrity in government practices, and finally assesses recent international efforts to address corruption on an international scale. This book will be perfect for researchers and upper level students of public administration, comparative government, international development, criminal justice, and corruption.

The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.

The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. With this volume on 'Legal Equality and the International Rule of Law', the Netherlands Yearbook of International Law celebrates Pieter Kooijmans' academic, diplomatic, and judicial career by picking up on an important subject in his early writings, the principle of legal equality of states. This volume studies if and how the principle of legal equality of states is still important in the international legal order of the early 21st century. In particular, this volume examines the principle's current relevance, e.g., in a pluralistic legal order, its relation to hegemony in international relations and international law, and how it functions in contemporary international organisations. The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity.

Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law. It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed. Of special interest within this context is the responsibility of States when the alleged breach has been committed by separate legal entities, rather than the state itself. Under domestic law, entities such as state-owned enterprises (SOEs) are considered legally distinct, however the State may still be considered responsible for their actions under international law. The book addresses the relevant issues systematically, beginning with direct reference to the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International law Commission (ILC) in 2001. It then elaborates on the specifics of international investment law, based on a detailed examination of practice and case law, whilst giving due consideration to the academic debate. The result is a full, innovative take on one of the most difficult questions in investment arbitration.

This book explores the relationship between bureaucrats and elected politicians in Bangladesh and discusses how this impacts governance and development in the country from an empirical perspective. It looks at the interplay of politics and bureaucracy in ancient societies, western democracies and in the developing world while highlighting the uniqueness of the Bangladesh experience and its indigenous contexts of local governance. The author presents a historical overview of the nature of political development, shift of regimes in Bangladesh, and the role of various agents and stakeholders. Through a detailed study, the book provides an analytical and theoretical framework to understanding the linkages between politics and bureaucracy, governance and development in South Asia and Bangladesh, with implications for geopolitics and economic growth. This book will be of interest to scholars, researchers and students of political economy, development studies, public administration, comparative politics as well as to policymakers, bureaucrats, government bodies, and especially those concerned with Bangladesh.