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Books > Law > International law > Public international law > General
This book examines the historical and contextual background to the oil and gas resources in the Kurdish territories, placing particular emphasis on the reserves situated in the disputed provinces. The volume is singularly unique in focusing on an examination of the rules reflected in both the national and the regional constitutional, legislative, and contractual measures and documents relevant to the question of whether the central government in Baghdad or the Kurdish Regional Government (KRG) in Erbil has a stronger claim to legal control over the oil and gas resources in the disputed Kurdish territories. As a subsidiary focus, the author also draws attention to how the basic thrust of the volume connects to broader jurisprudential issues regarding the nature and purpose of law, the matter of claims by native peoples to natural resources on traditional lands, and the place of regional minorities operating in a federal system. Since the law examined is domestic or municipal in origin, additional reference is made to the role that such law can play in the "bottom up" (as opposed to more conventional "top down") development of international law. The book's opening chapters provide a valuable contextual introduction, followed by a number of substantive chapters providing an analytical and critical assessment of the controlling legal rules. Written in a scholarly, yet accessible style, and covering matters of basic importance to academics, lawyers, political scientists, government representatives, and students of energy and natural resources, as well as those of developing legal structures, Oil and Gas in the Disputed Kurdish Territories is an essential addition to any collection.
The articles collected here are foundational contributions to integrating behavioural research and risk analysis. They include seminal articles on three essential challenges. One is ensuring effective two-way communication between technical experts and the lay public, so that risk analyses address lay concerns and provide useful information to people who need it. The second is ensuring that analyses make realistic assumptions about human behaviours that affect risk levels (e.g., how people use pharmaceuticals, operate equipment, or respond to evacuation orders). The third is ensuring that analyses recognize the strengths and weaknesses of experts' understanding, using experts' knowledge, while understanding its limits. The articles include overviews of the science, essays on the role of risk in society, and applications to domains as diverse as environment, medicine, terrorism, human rights, chemicals, pandemics, vaccination, HIV/AIDS, xenotransplantation, sexual assault, energy, and climate change. The work involves collaborations among scientists from many disciplines, working with practitioners to produce and convey the knowledge needed help people make better risk decisions.
Many anti-corruption efforts have had only a minimal effect on curbing the problem of corruption. This book explains why that is, and shows readers what works in the real world in the fight against corruption, and why. Counter-corruption initiatives often focus on the legal, institutional, and contextual factors that facilitate corrupt behavior, but these have had only nominal impacts, because most of these reforms can be circumvented by government officials, powerful citizens, and business people who are relentless in their quest for self-interest. This book argues that instead, we should target the key individual and group drivers of corrupt behavior and, through them, promote sustainable behavioral change. Drawing on over 25 years of practical experience planning, designing, and implementing anti-corruption programs in over 40 countries, as well as a wealth of insights from social psychological, ethical, and negotiation research, this book identifies innovative tools that target these core human motivators of corruption, with descriptions of pilot tests that show how they can work in practice. Anti-corruption is again becoming a priority issue, prompted by the emergence of more authoritarian regimes, and the public scrutiny of government responses to the COVID-19 pandemic. Straddling theory and practice, this book is the perfect guide to what works and what doesn't, and will be valuable for policymakers, NGOs, development practitioners, and corruption studies students and researchers.
It is a great pleasure to welcome the new edition of the book written by Prof. Edward and Prof. Lane, which carries on the success of the earlier ones. This new edition contains a comprehensive and critical study of the European Union legal order, which explores in great detail the changes brought about by the Treaty of Lisbon. Bearing in mind the quality of its authors, it does not come as a surprise that this book is an outstanding piece of academic work. It is a classic which should belong to the library of all persons who are interested in EU law.' - Koen Lenaerts, Vice-President of the Court of Justice of the European Union, LuxembourgKey features of the book include: - Authoritative authorship combining the analysis of a senior academic with the experience of a former judge. - Comprehensive and wide-ranging in scope. - Structured specifically to reflect the Treaty of Lisbon reorientation and immediate post-Lisbon developments. - Extensive reference to primary sources (Treaties, legislation, case law) and to issues of national adaptation. A fully updated and expanded new edition of a classic text, this authoritative and wide-ranging volume provides expert analysis on the key issues across all areas of European Union law - including its constitutional, procedural and substantive aspects. In particular, coverage of the constitutional and procedural elements includes: historical background and development of the European Union; constitutional structure of the Union; the Treaties: interrelationship and fundamental (constitutional) rules; the institutional framework; jurisdiction of, and actions before, the Court of Justice; sources, principles and methods of Union law. Comprehensive coverage of the substantive law includes: basic rules; citizenship of the Union; the internal market; the four freedoms; competition; economic and monetary policy; social policy; environmental policy; commercial policy. Precise and rich in references to the primary materials of the Treaties, the principal legislation and the key case law of the Court of Justice, this highly detailed and comprehensive book will be an indispensable resource for all legal practitioners whose practice must take account of EU Law. Contents: Part I: The Origins and Development of the European Union 1. The History 2. The European Union: Structure and Basic Rules Part II: The Institutional Framework 3. The Political Institutions and Procedures 4. Other Bodies 5. The Court of Justice Part III: The Sources, Nature and Methods of European Union Law 6. Sources of Union Law Part IV: Substantive Law 7. The Principles 8. Non-Discrimination and Citizenship of the Union 9. Union Policies and Internal Actions: Introduction 10. The Free Movement of Goods 11. The Free Movement of Persons and Services 12. The Free Movement of Capital 13. Competition 14. Other Policies
In the last two decades, environmental threats and the challenge of sustainability have moved to the very centre of political, business and, increasingly, personal agendas. The Earthscan Library Collection has been created to bring back into print the seminal texts in sustainability from the past twenty-five years. The Collection offers a unique opportunity to gain broad, archival coverage of all aspects of sustainability. It allows the individual as well as institutional purchaser the ability to acquire volumes by many of the most well-respected thinkers and authors across the subject. Available as a 115-volume collection, thematic sets and as individual volumes, the collection covers Sustainable Development, Environmental Resource Economics, Environmental Management, Natural Resource Management, Energy and Infrastructure, Environmentalism and Politics, International Environmental Governance, Aid and Development. Earthscan was originally founded by the International Institute for Environment and Development in 1987, and continues to publish in association with them and in partnership with a range of environmental and development organizations world wide.
Never before have people been so aware of the importance of sound environmental law, as every week stories of controversial planning developments and prosecutions for the release of toxic substances feature in the news. Environmental Law and Citizen Action sets out and explains the ways that ordinary citizens can use the law to ensure the environment is protected. There are a number of existing UK laws which require local authorities to control pollution and protect the environments and many more which can be used to tackle environmental offenders, yet often local government officers themselves are unaware of the full scope of their powers. Writing in a clear, accessible style, Alan Murdie explains how to get access to the relevant information, participate in public enquiries, use the courts to challenge public and government bodies and prosecute polluters. This book maps a path through the intricate legal maze to show what rights every citizen has, and how those rights can be enforced. Alan Murdie is a barrister with long-standing interest and involvement in local government issues, and a lecturer at Thames Valley University. He is co-author of To Pay or Not To Pay, a best-selling analysis of the poll tax debate, and has contributed to a wide range of legal and government periodicals. Originally published in 1993
The often bloody struggles of Central America have dominated news reports for a long time. Behind the headlines lies an enormous population of the desperately poor, and it is axiomatic that they are rendered even more powerless by widespread illiteracy. What actually counts as literacy is less clear. Archer and Costello describe some of the most exciting and innovative programmes designed to overcome the problem and how, as they worked with many of them, they discovered how varied and controversial they are. El Salvador, Nicaragua, Honduras, Ecuador, Mexico, Chile, Bolivia and Guatemala are all included, and for each country the authors have provided a thrilling account of the lives and circumstances of the people who both teach and learn as well as describing the varied forms that literacy teaching, even literacy itself, can take. This book is not only about literacy, but is also a guide to the societies of one of the world's most troubled regions. Originally published in 1990
In 1990, energy in the UK underwent a unique and fundamental transformation, with the privatization of the electricity supply industry. This is the first book to fully assess the experiment. It first explains how - and why - the British electricity supply industry was privatized. It then identifies the subsequent changes in electricity prices, profits, employment, investment, nuclear power and renewable, and the extent to which each of these was due solely to privatization or to other factors, or could have come about by reform of the previous model, rather than privatization. Finally, the authors analyse the key unresolved issues of regulation, introducing competition into the domestic energy market in 1998, supply security, and other long-term strategic considerations. Throughout, the distinguish between the uniquely British elements of the experience and those which can be drawn upon by other countries embarking upon similar reforms. Today, governments throughout the world are looking to the UK's experience as a potential prototype for the restructure of their own electricity supply industries. For them, and for electricity utilities, fuel and power plant suppliers, regulation authorities, financial analysts, international agencies, journalists and academics alike, this thorough and pragmatic study will be essential reading. 'This is likely to become the definitive book on the first six years of the great British electricity experiment' Walt Patterson The British Electricity Experiment is the result of a detailed study undertaken by the Energy Programme at the science Policy Research unit (SPRU). Professor John Surrey was head of SPR's Energy Programme between 1969 and 1986. He has worked with the central Electricity Generating Board, as a government Economic Adviser, and as a Specialist Adviser to numerous House of Commons Select Committee inquiries on energy matters. Originally published in 1996
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
TO ACCOMPANY A MAJOR ITV DOCUMENTARY We are poisoning our planet and destroying the lives of our children. In the west arguments rage over how much nuclear radiation and toxic dumping is safe, while children continue to breath filthy air and eat food full of pesticides. In the third World, over four million children die each year from drinking unclean water. Adults make the decisions but children pay the highest price. They are physically vulnerable and politically powerless. When the Bough Breaks... is about the world we are creating for our children. For too long we have used what we want from our planet now, refusing to think about the future. But it may still not be too late. The book sets out what must be done and describes how people throughout the world are uniting to clean up the mess we have made. Lloyd Timberlake is an internationally renowned environmental consultant and writer. Laura Thomas is well known for her work as a lobbyist for the successful campaigns for freedom of information and lead-free air. Originally published in 1990
A growing number of GHG emissions trading schemes are being implemented at regional or national levels. However, even as the number of different schemes grows, few linkages exist between them. Major cap-and-trade proposals are currently at important stages in their development, especially in the United States, Japan and Australia, some of which explicitly emphasize the aim of linking with other schemes. One of the strategic goals of European climate policy is linking the EU ETS with other comparable schemes. The research presented in this volume is on actual economic, political and institutional constraints and implications. It examines the role of linking trading schemes for the development of the post-Kyoto climate architecture and for increasing linkage between schemes. This essential research will be relevant to both the scientific community and for policymakers who are involved in the design of emerging trading schemes and offset mechanisms, as well as in designing the post Kyoto climate regime. This volume focuses specifically on: o Economic, institutional/regulatory and legal dimensions of linking o Implications of linking on the design of emerging trading schemes o The role of linking trading schemes for the development of the post-Kyoto climate regime
Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
- challenges some of the theoretical assumptions about ambiguity in EU law - presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU's leading preliminary rulings - will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism
International law's role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict. The editors take a broad, encompassing approach to the concept of disaster, concluding that a new corpus of international disaster law may be emerging. Key contributions interweave a number of key themes from an international law perspective across a wide range of discrete topics as diverse as water, food and energy security, dispute settlement, protection of vulnerable groups, cyber terrorism, international criminal law, climate change migration and international economics and trade law. This comprehensive study makes an important contribution to international law scholarship governing disasters, which in the past has largely focused on disaster response and relief law. The different perspectives incorporated in this Research Handbook are likely to appeal not only to students and academics, but equally to governmental, intergovernmental and non-governmental actors drawn across the crisis, conflict and disaster management sectors. Contributors include: C. Allan, M. Aronsson-Storrier, A. Bisset, K. Nakjavani Bookmiller, S.C. Breau, K. Cedervall Lauta, L. Choukroune, M. Crock, M. Eburn, H. Entwisle Chapuisat, G. Giacca, J.A. Green, L. Hill-Cawthorne, W. Kalin, T. Karimova, H. Le Phan, C. Newdick, T. O'Donnell, T. Oyewunmi, T. Rodenhauser, H. Salama, K.L.H. Samuel, E. Schmid, S. Silingardi, T. Stephens, A. Telesetsky, S. Whitbourn, I.T. Winkler
As demonstrated in New Orleans, the vast human and financial costs of natural and human-induced disasters are often needlessly high as a result of poor planning and response stemming from inadequate disaster policy. This new handbook, from two top global authorities in the field, shows how to construct a coherent, relevant and effective policy framework. It is a vital read for all disaster policy makers, planners, managers and governments. From the Asian tsunami to hurricanes Katrina and Rita to the recent earthquake in Pakistan, disasters both natural and human-induced are leading to spiralling costs in terms of human lives, the destruction of homes, businesses, public buildings and infrastructure and the resulting financial and human crises that inevitably follow in the wake of such catastrophes. Yet the failures in planning for, and responding to, such disasters can often be traced to poor disaster policies that are unsuited to the emerging scales of the problems they confront and the lack of institutional capacity to implement plans and manage disasters when they happen.This handbook, written by two top authorities on disaster policy and management, seeks to overcome this mismatch and to guide the examination and development of a policy and institutional framework and associated strategies. In particular, for the first time it brings together into a coherent framework the insights of public policy, institutional design and emergency and disaster management, stressing the cognate nature of policy and institutional challenges between disasters and sustainability. This is indispensable reading for all disaster planners, policy makers and managers across the world seeking to improve the quality, robustness and capacity of their disaster management.
How does international law impact the behavior of states? This book designed for students in multiple disciplines offers a comprehensive, accessible introduction to the 'law of nations,' detailing the evolution of state practice in response to an ever-changing, diverse world. In this new edition of William Slomanson's foundational text, the new authors, Professors Slagter and Van Doorn, trace how states manage their sovereignty in myriad ways, working through treaties, international organizations, and international courts to secure their own as well as global interests. With special emphasis on five key areas-human rights, the use of force, human security and humanitarian intervention, environmental protection, and economic relations-the authors illustrate both the power and limits of international law to provide structure and predictability on a globalized planet. Real-world problem sets, annotated bibliographies, and a practical guide to studying international law make this a text that students and instructors alike will appreciate.
The UN's capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. Administrative Justice in the UN explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Niamh Kinchin adeptly explores accountability in the context of decision-making within the UN and examines whether its administrative decisions, affecting the rights and obligations of individuals and groups, contain sufficient procedural protections. It is suggested that 'global administrative justice' requires two fundamental elements; administrative decisions made according to law, and to values communities accept as just, which are identified as rationality, fairness, transparency and participation. This model is applied to the UN's Investigations Divisions of the Office of Internal Oversight Services, the UN High Commissioner for Refugees, the UN Security Council and the Internal Formal Justice System in order to measure procedural protections, identify gaps and make recommendations for reform. This insightful book will be vital reading for academics and students of human rights, constitutional, public international, and administrative law. UN-affiliated personnel, as well as those involved in diplomatic departments, will find this book an engaging read.
This Handbook uses a thematic and interdisciplinary approach to discuss and analyse the various governance structures of the EU, focusing in particular on how these are administered. Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don't know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen 'voice' and access to policy making. Practical and engaging, this timely Research Handbook is sure to appeal to scholars and researchers of EU administrative law and EU law more broadly. Legal practitioners and EU policy makers will also benefit from its high level of engagement with contemporary deliberations. Contributors include: V. Abazi, M. Baran, T.A. Boerzel, K. Bradley, A. Brenninkmeijer, E. Chiti, D. Curtin, H. Darbishire, M. de Visser, G. della Cananea, M. Everson, J. Grimheden, E. Guild, C. Harlow, E.G. Heidbreder, H. Hofmann, C. Joerges, M. Kjaerum, P. Leino, L. Leppavirta, I. Maher, J. Mendes, L. Muzi, N. Poltorak, T. Raunio, R. Rawlings, M. Ruffert, J.-P. Schneider, C. Scott, G. Toggenburg
For a large proportion of the electorate, national politics misses the real issues. As a result, membership of campaigning organizations has soared whilst party numbers have declined. This work distils the principles and priorities of many of the leading voluntary groups into a strong and coherent programme of political aims and actions. The problem can be measured as a "sustainability gap" - between official policies and achievements and actual democratic participation, environmental restoration and the eradication of poverty. With examples and short case studies, the book translates the gap into practical and realistic recommendations for progress.
In every area of life, traditional, centralized party politics has been failing and the seeds of a new form of political life are being sown. This is true in housing, health, education, consumption and transport, where public policy is attracting increasing criticism. In an age of social alienation and urban despondency, "Richer Futures" is a timely response to the growing interest in community-based, self-help action. It introduces new forms of communication and decision-making and sets out a programme for a sustainable politics.Contributions from some of the best-known thinkers and writers on contemporary urban, cultural and social policy (and campaigns) in Britain today pay tribute to the ideas and industrious activities of the influential writer and commentator Colin Ward. This uplifting collection of essays looks forward to a new politics of self-management and environmentally aware and sustainable lifestyles.
Cities around the world are facing severe environmental challenges; many have high levels of air and soil pollution, overcrowding, poor sanitation and growing waste disposal problems. This book takes a positive attitude; cities can be made to work sustainably, and many are already doing so. Their high population density works in the environment's favour if they achieve efficient use of resources such as energy and water supplies, and improve transport and infrastructure. The best cities today are clean, resource efficient, green and pleasant, and act as cultural and entertainment centres as well as being efficient generators of economic activity.Making Cities Work looks at the vital role which local authorities can and are playing in safeguarding and developing our towns and cities. Their role is crucial, and the aim of this book is to make governments, international bodies, local authority associations and interested readers aware of how potential environmental and social problems can be overcome, and what can be achieved particularly through cooperation between local governments around the world. The second part of the book comprises 18 case studies from around the world which demonstrates how cities can learn from each other's best practice in urban sustainable development. Written by urban development experts, based on material supplied by the world's leading city associations and commissioned and commissioned by UNCHS for the Habitat II Conference, this is a crucial contribution to the urban debate. Clearly written, accessible and illustrated throughout with photographs, figures and graphs, it is ideal for students, fascinating reading for the general public, and essential for those involved in local authorities, planning and development.
This two-volume set gathers together some of the most significant contributions to the study of global health law. Global health law is a recent field of research in its own right, encompassing the relatively narrow core of international rules and institutions devoted to health protection and promotion, as well as the complex interactions between health and multiple areas of international law. By bringing such diverse perspectives into a single collection, together with an original introduction by the editor, this book will be an important resource for scholars and practitioners both in public health as well as in legal and policy fields such as trade and investment, human rights and the environment.
The world's energy structure underpins the global environmental crisis and changing it will require regulatory change at a massive level. Energy is highly regulated in international law, but the field has never been comprehensively mapped. The legal sources on which the governance of energy is based are plentiful but they are scattered across a vast legal expanse. This book is the first single-authored study of the international law of energy as a whole. Written by a world-leading expert, it provides a comprehensive account of the international law of energy and analyses the implications of the ongoing energy transformation for international law. The study combines conceptual and doctrinal analysis of all the main rules, processes and institutions to consider the past, present and likely future of global energy governance. Providing a solid foundation for teaching, research and practice, this book addresses both the theory and real-world policy dimension of the international law of energy.
This Book attempts to deduce regulatory standards that can close the gaps between the Promises made and the Outcomes secured by the United Nations in relation to its use of force. It explores two broad questions in this regard: why the contemporary legal framework relevant to the regulation of force during Armed Conflict cannot close the gaps between the said Promises and Outcomes and how the 'Unified Use of Force Rule' formulated herein, achieves this. This is the first book to coherently analyse the moral as well as legal aspects relevant to UN use of force. UN peace operations are rapidly changing. Deployed peacekeepers are now required to use force in pursuance of numerous objectives such as self-defence, protecting civilians, and carrying out targeted offensive operations. As a result, questions about when, where, and how to use force have now become central to peacekeeping. While UN peace operations have managed to avoid catastrophes of the magnitude of Rwanda and Srebrenica for over two decades, crucial gaps still exist between what the UN promises on the use of force front, and what it achieves. Current conflict zones such as the Central African Republic, Eastern Congo, and Mali stand testament to this. This book searches for answers to these issues and identifies how an innovative mix of the relevant legal and moral rules can produce regulatory standards that can allow the UN to keep their promises. The discussion covers analytical ground that must be traversed 'behind the scenes' of UN deployment, well before the first troops set foot on a battlefield. The analysis ultimately produces a 'Unified Use of Force Rule', that can either be completely or partially used as a model set of Rules of Engagement by UN forces. This book will be immensely beneficial to law students, researchers, academics and practitioners in the fields of international relations, international law, peacekeeping, and human rights.
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent - and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice. |
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