The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

This book explores the history and agendas of the Young Men's Christian Association (YMCA) through its activities in South Asia. Focusing on interactions between American 'Y' workers and the local population, representatives of the British colonial state, and a host of international actors, it assesses their impact on the making of modern India. In turn, it shows how the knowledge and experience acquired by the Y in South Asia had a significant impact on US foreign policy, diplomacy and development programs in the region from the mid-1940s. Exploring the 'secular' projects launched by the YMCA such as new forms of sport, philanthropic efforts and educational endeavours, The YMCA in Late Colonial India addresses broader issues about the persistent role of religion in global modernization processes, the accumulation of American soft power in Asia, and the entanglement of American imperialism with other colonial empires. It provides an unusually rich case study to explore how 'global civil society' emerged in the late 19th and early 20th centuries, how it related to the prevailing imperial world order, and how cultural specificities affected the ways in which it unfolded. Offering fresh perspectives on the historical trajectories of America's 'moral empire', Christian internationalism and the history of international organizations more broadly, this book also gives an insight into the history of South Asia during an age of colonial reformism and decolonization. It shows how international actors contributed to the shaping of South Asia's modernity at this crucial point, and left a lasting legacy in the region.

Introduction to Intellectual Asset Management examines various ways adopted by leading companies in managing their intellectual assets and intellectual properties in leveraging them for optimal returns. Using case laws and anecdotes, the book explains how intellectual properties have created wealth for its creators whether they are patents, trademarks, copyright or design by careful negotiations and contractual obligations. The book provides an insight to the processes involved in the legal and business aspects of recognizing intellectual assets, converting them to intellectual property protecting and using them to create a brand value foe the organisation and the decision makers for creating and strategising new goals and achieving the existing ones.

This book analyses the history of international law to reveal the significant role utopianism has played in developing the international legal system. In fact, when pinpointing the legal system's most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community's most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment.

This superb introduction to NATO is written for the national security novice, yet is full of insights for the more seasoned hand interested in how and why NATO reached its current state. In the more than half-century since NATO was founded, there has been endless debate about its purpose, about whether it is meeting that purpose, and about the strategies it employs to that end. Speculation has also been rife about the organization's "imminent demise." Those questions and more are the subject of NATO: A Guide to the Issues. Covering the organization from its founding in 1949 through the present, the guide examines aspects of NATO that have undergone tremendous change over the years, including its purpose, military mission, geographic concept of operations, and membership. At the same time, it explores key aspects of NATO's organization that have remained constant. These include the ability of members to participate in operations as much or as little as they desire, decision-making by consensus, and a general belief that people from different countries working together on a daily basis promotes cooperation, understanding, and friendship. Illustrations Maps A chronology

No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.

In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

This ambitious Handbook covers the history, functioning and impact of cohesion policy, arguably the most tangible presence of the European Union in its twenty-eight member states. The contributions combine world-renowned scholars and country experts to discuss, in six parts, the policy's history and governing principles; the theoretical approaches from which it can be assessed; the inter-institutional and multi-level dynamics that it elicits; its practical implementation and impact on EU Member States; its interactions with other EU policies and strategies; and the cognitive maps and narratives with which it can be associated. This Handbook will be an invaluable resource to students and scholars of EU policies and politics and other related disciplines. In particular, they will benefit from the clarity with which the history and functioning of cohesion policy is laid out. Policy makers and other practitioners will also find this book of interest, due to its presentation of relevant debates. Contributors include: A. Agh, J. Aprans, R. Atkinson, J. Bachtler, J. Balsiger, J. Baudner, I. Begg, M. Brunazzo, R.L. Bubbico, A. Catalina Rubianes, D. Charles, N. Charron, R. Crescenzi, M. Dabrowski, A. Dahs, F. De Filippis, S. Ganzle, D. Hubner, A. Faina, A. Faludi, V. Fargion, U. Fratesi, P.R. Graziano, E. Gualini, E. Hepburn, C. Holguin, G. Karakatsanis, E. Kazamaki Ottersten, A. Kovacs, A. Lenschow, R. Leonardi, J. Lopez-Rodriguez, E. Massetti, P. McCann, C. Mendez, P. Montes-Solla, T. Muravska, T. Notermans, R.l Ortega-Argiles, I. Palne Kovacs, S. Piattoni, L. Polverari, S. Profeti, A.H. Schakel, J. Schoenlau, M.K. Sioliou, P. Stephenson, I. Toemmel, M. Weber, K. Zimmermann

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.

This book introduces the Original Nation scholarship to examine the historical genealogy of the nation's struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct "on-the-ground" and "bottom-up" portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoples across the globe.

This book deals with two areas: Global Commons and Security: inextricably melted together and more relevant than ever in a world which is ever globalized and... with an incognita looming on the horizon: the effects of the Coronavirus pandemic upon the International Relations and globalization. Global Commons have always been relevant. It was Mahan who argued that the first and most obvious light in which the sea presents itself from the political and social point of view, is that of a great highway; or better, perhaps, of a wide common... Nowadays, this view has been further developed and, in addition to the unique legal implications that the Global Commons introduce, they are viewed, more and more intently, as a common pool of resources. Or perhaps, not that common... Resources, the key word! Which has to be always supplemented by two key words: access and security. And still, another one: data, the cyberspace contribution to the equation.

Capital markets are a continuous stream of activity and innovation. Constantly evolving and inherently dynamic, they give rise to complex regulatory and policy issues and offer rich material for analysis. Additionally, globalization has incentivized cross-border listings and international flows of capital. Global Capital Markets takes stock of recent trends and events by exploring their legal and regulatory implications across several jurisdictions from around the world. This book provides a critical analysis of current issues including investor activism, the challenges of cross-border regulatory enforcement and recent initiatives to empower shareholders to improve corporate governance. It also surveys longer-term trends such as the development of the nascent capital markets law in China over the last two decades and discusses the emerging issues from the increased use of dual class voting shares. Case studies draw on examples from nations such as the US, Canada, Europe, China, India and New Zealand. Timely and incisive, this book will appeal to students and academics in international corporate and securities law. Contributors incude: A. Anand, Q. Bu, H. Donegan, T. Keeper, Y.-H. Lin, A.B Majumdar, C. Malberti, T. Rodriguez de las Heras Ballell, U. Varottil

Since unification, the Federal Republic of Germany has made vaunted efforts to make amends for the crimes of the Third Reich. Yet it remains the case that the demands for restitution by many countries that were occupied during the Second World War are unresolved, and recent demands from Greece and Poland have only reignited old debates. This book reconstructs the German occupation of Poland and Greece and gives a thorough accounting of these debates. Working from the perspective of international law, it deepens the scholarly discourse around the issue, clarifying the 'never-ending story' of German reparations policy and making a principled call for further action. A compilation of primary sources comprising 125 annotated key texts (512 pages) on the complexity of reparations discussions covering the period between 1941 and the end of 2017 is available for free on the Berghahn Books website, doi: 10.3167/9781800732575.dd.

This book is the first systematic scientific study of global quasi-legislation. Taking public opinion and multilateral agreements as the international equivalent to national election and passing laws on the national scale, and extending nation-state concepts to a global society, it analyzes citizens' preferences and the state's willingness to enter into 120 multilateral treaties. After identifying the links as a first step toward conceptualizing quasi-legislative global politics, the book examines how each of the 193 states manifests quasi-legislative behavior by factor-analyzing six instrumental variables such as treaty participation index and six policy domains of multilateral treaties, including peace and trade. It then discusses global change between 1989 and 2008, and conceptually and empirically examines the three theories of global politics that originated during that period: the theory of power transition, theory of civilizational clash and theory of global legislative politics. Lastly, it proposes a theory of global legislative politics. Shedding fresh light on the transformative nature of multilateral treaties, this book attracts researchers and students in political philosophy, international law and international relations as well as practitioners and journalists. Inoguchi and Le have developed a genuinely original perspective on world politics, one that opens up a new research agenda for thinking about state and global actors simultaneously.-- Anne-Marie Slaughter, Bert G. Kerstetter '66 University Professor Emerita of Politics and International Affairs, Princeton University This is one of those books that warrant a global readership given its emphasis on the implied trust that we invest in public institutions as viewed from an interdisciplinary perspective. -- Richard J. Estes, Professor of Social Policy & Practice, University of Pennsylvania, Philadelphia, Pennsylvania This book is innovative and distinctive in carving out a new way to look at "global legislative politics." I do not know of anything that compares in this interesting and novel niche of international relations analysis.-- William R. Thompson, Distinguished Professor and Rogers Chair of Political Science Emeritus, Indiana University

This book analyzes the state of global governance in the current geopolitical environment. It evaluates the main challenges and discusses potential opportunities for compromise in international cooperation. The book's analysis is based on the universal criteria of global political stability and the UN framework of sustainable development. By examining various global problems, including global economic inequality, legal and political aspects of access to resources, international trade, and climate change, as well as the attendant global economic and political confrontations between key global actors, the book identifies a growing crisis and the pressing need to transform the current system of global governance. In turn, it discusses various instruments, measures and international regulation mechanisms that can foster international cooperation in order to overcome global problems. Addressing a broad range of topics, e.g. the international environmental regime, global financial problems, issues in connection with the energy transition, and the role of BRICS countries in global governance, the book will appeal to scholars in international relations, economics and law, as well as policy-makers in government offices and international organizations.

This book explores the thirty-year border conflict between Armenia and Azerbaijan, specifically around the former autonomous republic of Nagorno Karabakh, and shows how Russia is the only winner in this conflict: fighting on both sides, supplying arms to both sides, and acting as the arbiter between the two sides. The author looks at Armenia, Azerbaijan and the separatists from military, political, economic and diplomatic perspectives, and offers insights on how the fighting has influenced society, and vice versa. The book provides an update to the history of the war to include major fighting in 2020, and examines how Russia obtained three military bases and most economic assets in Armenia, while becoming Azerbaijan's major weapons supplier to the tune of six billion dollars. It shows how Russia has tried to sideline the internationally-supported Minsk negotiations in favor of Russia assuming the sole role of arbiter, and argues that even though Russia has submitted a number of ceasefire proposals, it does little to encourage the sides to implement them. The book includes a discussion of international law, United Nations Resolutions, and rulings by the European Court of Human Rights.

This book represents a unique endeavor to elucidate the story of Kosovo's unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo's right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo's state-formation and state-building processes. It explains how the EU's involvement as an 'internationally blended element' in Kosovo's efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.

This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

The focus of this book is the legal analysis of the evolution of federal relationships from an asymmetric treaty-constitutional federation to a de facto unitary state. Questioned is whether it is worth returning to the asymmetric federative form, while the aim is to review the origins of federalism in the New Russia, assess the present de jure and de facto situations and analyze whether Russia has a chance of reviving federalism. Steps forward on the way to developed federal relationships in the 1990s have been replaced by steps backwards owing to unitary tendencies in the 2000s and the 2010s. But is this a sustainable state of affairs? The possible ways of framing relations between the center and the constituent units for the next four years and beyond are also discussed. This book is aimed at researchers and students in the field of comparative constitutional law, Russian studies and federal and regional studies. Gulnara R. Shaikhutdinova is Professor and Doctor of International Law in the Faculty of Law of Kazan (Volga Region) Federal University, Republic of Tatarstan, Russian Federation.

This book examines Russian influence operations globally, in Europe, and in Russia's neighboring countries, and provides a comprehensive overview of the latest technologies and forms of strategic communication employed in hybrid warfare. Given the growing importance of comprehensive information warfare as a new and rapidly advancing type of international conflict in which knowledge is a primary target, the book examines Russia's role in Global Knowledge Warfare. The content is divided into three parts, the first of which addresses conceptual issues such as the logic of information warfare, the role of synthetic media, and Russia's foreign policy concepts, including the impact of the COVID-19 pandemic on influence operations. The second part analyzes technological, legal and strategic challenges in modern hybrid warfare, while the third focuses on textual, cultural and historical patterns in information warfare, also from various regional (e.g. the Western Balkans, Romania, Ukraine, and the Baltic) perspectives. The book is primarily intended for scholars in the fields of international relations, security and the military sciences who are interested in Russian foreign policy and influence operations, but also their impact on the global security environment.

This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state's citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource. Contributors: J.C. Barker, R. Cryer, E.H. Franey, R. Garnett, F. Larocque, A. Orakhelashvili, C. Ryngaert, A. Sari, Y. Tanaka, X. Yang, S. Yee

This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations. Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Moellers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. Wouters

What is the relationship between politics and international law? Rather than exploring this question through the lens of the dominant paradigms of international relations theory - realism, liberalism, and constructivism - this book proposes a different approach. Based on the premise that the relationship varies depending on the sites where it unfolds, and inspired by comparative politics and socio-legal studies, the book develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. Expert contributors apply this analytical framework to diverse fields of law and politics. Part I examines the problems of compliance, effectiveness and the domestic enforcement of international law, and legal institutions including domestic and international courts, national legislatures and regime complexes. Part II covers substantive fields of governance such as global financial regulation, environmental standards, trade, intellectual property and human rights. The final chapters in this Part tackle emerging yet critical issues in international law, including terrorism, cyber conflict and Internet regulation. Together, the chapters represent a significant step forward in the comparative analysis of politics and international law. This Research Handbook will be essential reading for students and academics in political science and law alike. Contributors include: W.C. Banks, R. Brewster, A. Chander, K.L. Cope, M. Elsig, B. Faude, T. Gehring, C. Hillebrecht, S. Katzenstein, M.R. Madsen, W. Mattli, J.J. Paust, M.J. Peterson, S. Puig, W. Sandholtz, J. Seddon, S.K. Sell, G. Shaffer, D. Sloss, M. Van Alstine, P.-H. Verdier, M. Versteeg, C.A. Whytock

This book contains papers presented at a high-level conference that was jointly organized by the Institute of Global Law, University College London and the Institute of International Law, Queen Mary, University of London. The chapters cover issues of State Responsibility before the following international judicial institutions: the International Court of Justice, The International Tribunal for the Law of the Sea, the World Trade Organization, United Nations Compensation Commission, International Centre for the Settlement of Investment Disputes, and International & Regional Human Rights Courts. Contributors include: H.E. Judge Dame Rosalyn Higgins D.B.E., Q.C., Emeritus Professor Ian Brownlie C.B.E.,Q.C., Professor Malcolm Shaw Q.C., Professor Maurice Mendelson Q.C., Professor Christopher Greenwood C.M.G., Q.C., Professor Guy Goodwin-Gill, Dr Matthew Craven, H.E. Judge Benedetto Conforti, Professor Malcolm Evans, Professor Dominic McGoldrick, Professor Gerhard Loibl and Dr Olufemi Elias.