Natural resource governance is central to the outcomes of biodiversity conservation efforts and to patterns of economic development, particularly in resource-dependent rural communities. The institutional arrangements that define natural resource governance are outcomes of political processes, whereby numerous groups with often-divergent interests negotiate for access to and control over resources. These political processes determine the outcomes of resource governance reform efforts, such as widespread attempts to decentralize or devolve greater tenure over land and resources to local communities. This volume examines the political dynamics of natural resource governance processes through a range of comparative case studies across east and southern Africa. These cases include both local and national settings, and examine issues such as land rights, tourism development, wildlife conservation, participatory forest management, and the impacts of climate change, and are drawn from both academics and field practitioners working across the region. Published with IUCN, The Bradley Fund for the Environment, SASUSG and Norwegian Ministry of Foreign Affairs

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

This volume argues that public law must be treated as a special, indeed autonomous, subject and that the root cause of many of the difficulties and controversies that have arisen within both contemporary jurisprudence and also in the practice of public law have arisen because this argument has been neglected, and even suppressed.
The author defends this claim by explicating the idea of public law, particularly as it has evolved in modern European thought. The volume provides an account of the juristic significance of political thought such as the work of Bodin, Hobbes, Locke, Pufendorf, in addition to a variety of modern scholars. Loughlin argues that the basic building blocks of the subject are those of governing, politics, representation, sovereignty, constituent power, and rights. Through an elaboration of these foundational concepts, he explores the nature and method of public law, and offers a novel account of the idea of public law.

The book assesses the EU performance in the broader UN setting after the Lisbon Treaty. Distinguished scholars with expertise in EU-UN relations use a comprehensive analytical framework of performance to examine various aspects of the complex EU engagement in UN politics. Performance goes beyond the achievement of agreed-upon objectives and engulfs the underlying, intra-organizational, agreement-reaching processes. The contributors examine the output of the intra-EU policy-making process and its impact within the UN setting. They cover thematic areas of special importance for the EU such as environment, human rights, disarmament and peacekeeping operations as well as special UN bodies and forums where the EU is particularly active, such as the UN General Assembly and its main Committees, the International Labour Organisation, UNESCO and the Non-Proliferation Review Conferences.

This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari'a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.

The Caucasus region, situated on a natural isthmus between the Black Sea and the Caspian Sea, has long been a border zone and a melting pot for a diverse range of cultures and peoples. As the intersection between Europe and Asia, and also - tween Russia and the Ottoman and Persian Empires, it has featured in the strategic plans of numerous great powers over the centuries. Given its abundance of natural resources, the ready-made raw material transport routes to Europe and its enduring position on the edge of Russia, nothing has changed to the present day. The tremendous development opportunities of the Caucasian region are being tarnished by unresolved territorial conflicts that put a continual and regionally balanced growth, sustained democratisation and long-term stability at risk. These conflicts, which all erupted with the dissolution of the Soviet Union, include the separatist movements in Abkhazia, Chechnya, Nagorno-Karabakh and South - setia. The war over South Ossetia, which erupted between Russia and Georgia in August 2008, spelt out the explosive potential still inherent in these conflicts.

Defining Civil and Political Rights provides a comprehensive analysis and commentary on the decisions - technically known as views - of the United Nations Human Rights Committee, for use by human rights lawyers throughout the world. Each of the substantive rights and freedoms set out in the International Covenant on Civil and Political Rights is considered in detail, by analysis of final reviews and comments of the Human Rights Committee. This second edition has been thoroughly revised and updated to take account of recent jurisprudence on the Human Rights Committee. New material has been added based upon substantive areas of the committee's jurisprudence.

Defining Civil and Political Rights provides a comprehensive analysis and commentary on the decisions - technically known as views - of the United Nations Human Rights Committee, for use by human rights lawyers throughout the world. Each of the substantive rights and freedoms set out in the International Covenant on Civil and Political Rights is considered in detail, by analysis of final reviews and comments of the Human Rights Committee. This second edition has been thoroughly revised and updated to take account of recent jurisprudence on the Human Rights Committee. New material has been added based upon substantive areas of the committee's jurisprudence.

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. The unprecedented degradation of the planet's vital ecosystems and species, and the consequent damage to the variability of life on Earth, are one of the most pressing issues confronting the international community. The purpose of this volume of the Elgar Encyclopedia of Environmental Law is to provide a critical assessment of international biodiversity law in the face of the failed attempts to reduce the global trend in irreversible biodiversity loss and the need to increase efforts, including through indirect drivers of change such as institutions, governance and legal frameworks. The volume assesses comprehensively how and to what extent international law has addressed the key concerns presently facing biodiversity conservation, made recourse to conventional and market-based approaches to biodiversity conservation and sustainable use, tackled cross-cutting issues, and considered direct as well as indirect changes in socio-economic conditions. In doing so, the volume examines the historical development, principles, themes and cross cutting issues of international biodiversity law. Each article, written by an invited expert in that field, contains an overview of the topic, provides a concise review of current knowledge, identifies new directions for cutting-edge research and offers an extensive bibliography. This major research-focused resource and its in-depth exploration of the field of biodiversity law is an essential reference for university students, teachers, researchers, practitioners and policy makers. Contributors include: N. Affolder, S. Aguilar, S. Alam, R.A. Barnes, V. Barral, S.W. Burgiel, A. Cardesa-Salzmann, C. Chiarolla, A. Cliquet, N. Craik, N. de Sadeleer, L. de Silva, D. Diz, B. Ferreira de Souza Dias, A. Fodella, K. Garforth, A. Gupta, V. Jenkins, H.C. Jonas, A. Kotsakis, A. Langlais, S. Maljean-Dubois, E. Morgera, R. Moynihan, M. Ntona, A. Orsini, R. Pavoni, N. Peralta, F. Perron-Welch, D. Piselli, J. Razzaque, S. Romppanen, A. Savaresi, N. Schabus, H. Schoukens, P. Schwartz, E.J. Techera, E. Tsioumani, H. van Asselt, M. Wemaere, C. Willmore,

This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state-centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

'This is a timely, challenging and fascinating book on a topic of central importance to the success or otherwise of our climate change policies. It sets down a clear marker for what has to be done in the aviation sector.' Professor John Whitelegg, Stockholm Environment Institute, University of York, UK 'Climate Change and Aviation presents a clear picture of the transport sector's greatest challenge: how to reconcile aviation's immense popularity with its considerable environmental damage and its dependence on liquid hydrocarbon energy sources. This book avoids wishful thinking and takes the much harder, but more productive, path of considering difficult solutions that clash with short-term and short-sighted expectations about the unlimited growth potential for flying.' Professor Anthony Perl, Urban Studies Program, Simon Fraser University, Canada 'A convincing and timely collection that brings together an impressive range of expertise. The book integrates various perspectives into a powerful core argument - we must do something, and quickly, to tackle the impact of aviation on our environment. The authors recognise the political difficulties associated with promoting change but present constructive options for policy makers. Required reading, especially for transport ministers set on promoting the growth of air travel.' Professor Jon Shaw, Director of the Centre for Sustainable Transport, University of Plymouth, UK Trends such as the massive growth in availability of air travel and air freight are among those which have led to aviation becoming one of the fastest growing emitters of greenhouse gases. These trends have also caused a shift in expectations of how we do business, where we go on holiday, and what food and goods we can buy. For these reasons aviation is (and is set to stay) high up on global political, organizational and media agendas. This textbook is the first to attempt a comprehensive review of the topic, bringing together an international team of leading scientists. Starting with the science of the environmental issues, it moves on to cover drivers and trends of growth, socio-economics and politics, as well as mitigation options, the result being a broad yet detailed examination of the field. This is essential reading for undergraduate and postgraduate courses in transport, tourism, the environment, geography and beyond, while also being a valuable resource for professionals and policymakers seeking a clear understanding of this complex yet urgently pressing issue.

Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.

This timely literature review analyses the most influential legal scholarship on the enforcement of human rights at institutional level, both regional and international. It includes discussion of charter-based and reporting monitoring procedures as well as the role of high commissioners and treaty bodies. The review later focuses on the movement towards establishing quasi-judicial procedures, the judicial enforcement of human rights and interim measures, concluding with a thoughtful consideration of the potential for universal judicial enforcement - a world court of human rights. This insightful study will be an essential research resource for those studying, working or teaching in this important field.

The articles collected in the book present a view of legal education in Central and Eastern Europe, considering the relationship between democracy and the Political. In this perspective, legal education is a forum for this articulation and an area for a discursive search for solutions. On the one hand, democracy is a continuous object of research for the legal academia; legal theorists and constitutionalists debate the juridical foundations of modern constitutionalism, democracy and the rule of law. On the other hand, as university teachers, legal academics contribute to shaping future lawyer-citizens by instilling in them a certain vision of civic virtues and democratic values.

Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.

The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.

Across the globe, controversies around vaccines exemplify anxieties thrown up by new technologies. Whether it is growing parental concerns over the MMR vaccine in the UK or Nigerian communities refusing polio vaccines-associating them with genocidal policies-these controversies feed the cornerstone debates of our time concerning trust in government, media responsibility, scientific impartiality, citizen science, parental choice and government enforcement. This book is a groundbreaking examination of how parents are reflecting on and engaging with vaccination, a rapidly advancing and universally applied technology. It examines the anxieties emerging as today's highly globalized vaccine technologies and technocracies encounter the deeply intimate personal and social worlds of parenting and childcare, showing these to be part of transforming science-society relations. The authors interweave rich ethnographic data from participant-observation, interviews, group discussions and parental narratives from the UK and West Africa with the findings of large-scale surveys, which reveal more general patterns. The book takes a comparative approach and draws perspectives from medical anthropology, science and technology studies and development studies into engagement with public health and vaccine policy. The authors show how vaccine controversies involve relations of knowledge, responsibility and interdependence across multiple scales that challenge easy dichotomies: tradition versus modernity, reason versus emotion, personal versus public, rich versus poor, and Northern risk society versus Southern developing society. They reflect critically on the stereotypes that at times pass for explanations ofparents' engagement with both routine vaccination and vaccine research, suggesting some routes to improved dialogue between health policy-makers, professionals and medical researchers, and the people they serve. More broadly, the book suggests new terms of debate for thinking about science-society relations in a globalized world.

Across the globe, controversies around vaccines exemplify anxieties thrown up by new technologies. Whether it is growing parental concerns over the MMR vaccine in the UK or Nigerian communities refusing polio vaccines-associating them with genocidal policies-these controversies feed the cornerstone debates of our time concerning trust in government, media responsibility, scientific impartiality, citizen science, parental choice and government enforcement. This book is a groundbreaking examination of how parents are reflecting on and engaging with vaccination, a rapidly advancing and universally applied technology. It examines the anxieties emerging as today's highly globalized vaccine technologies and technocracies encounter the deeply intimate personal and social worlds of parenting and childcare, showing these to be part of transforming science-society relations. The authors interweave rich ethnographic data from participant-observation, interviews, group discussions and parental narratives from the UK and West Africa with the findings of large-scale surveys, which reveal more general patterns. The book takes a comparative approach and draws perspectives from medical anthropology, science and technology studies and development studies into engagement with public health and vaccine policy. The authors show how vaccine controversies involve relations of knowledge, responsibility and interdependence across multiple scales that challenge easy dichotomies: tradition versus modernity, reason versus emotion, personal versus public, rich versus poor, and Northern risk society versus Southern developing society. They reflect critically on the stereotypes that at times pass for explanations ofparents' engagement with both routine vaccination and vaccine research, suggesting some routes to improved dialogue between health policy-makers, professionals and medical researchers, and the people they serve. More broadly, the book suggests new terms of debate for thinking about science-society relations in a globalized world.

This book investigates how state responsibility can be determined for the wrongdoing of non-state actors. Every day, people, businesses and societies around the world pay a price arising from interactions between states and non-state actors. From insurrections that attempt to create new governments, to states arming belligerent proxies operating overseas, to companies damaging natural environments or providing suspect services, the impact of such situations are felt in numerous ways. They also raise many questions relating to responsibility. In answering these, State Responsibility for Non-State Actors provides a picture of what the law governing this area is, what it could be, and what it should be in light of past histories, present realities and future prospects.

This book presents the proceedings of the 1st International Conference on Maritime Education and Development. The conference exchanges knowledge, experiences and ideas in the domain of maritime education and development, with the ultimate goal of generating new knowledge and implementing smart strategies and actions. Topics include the 4th Industrial Revolution (4IR); unmanned air/sea surface/underwater vehicles (UxV); the digital divide and Internet accessibility; digital infrastructure; IMO E-navigation strategy; smart-ship concept; automation and digitalization; cyber security; and maritime future. This proceedings pertains to researchers, academics, students, and professionals in the realm of maritime education and development.

This volume, the first of its kind in the English language, examines the law and politics of federalism and decentralization in the Middle East and North Africa. Comprised of eleven case studies examining the experience across the region, together with essays by leading scholars providing comparative and theoretical perspectives and a synthetic conclusion by the co-editors, the volume offers a textured portrait of the dilemmas of decentralization during a period of sweeping transition in the region. The collection addresses an important gap in the comparative decentralization literature, which has largely neglected the MENA region. Both retrospective and forward-looking in orientation, the book is a valuable resource not only for scholars of comparative politics, constitutional design, and Middle East studies, but also for policy makers evaluating the feasibility and efficacy of decentralization as a vehicle for improving governance and responding to identity conflict in any part of the world.

The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. As such, the volume addresses orthodox topics of international law - such as jurisdiction and intervention - but tackles them from an African perspective, and seeks to ask whether, in each case, the African perspective is unique or affirms existing arrangements of international law. The book cannot come at a more important time. While international legal discourse has been captured by the challenge of terrorism since September 11, 2001, there are clear signs that other issues are returning to the fore. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-legal landscape for Africa. This, and more, is explored, and the key normative questions are addressed in a series of essays by leading Africanist scholars. 'This is a remarkable collection of essays that clearly and concisely demonstrates that Africa has and will continue to play a major role in fashioning new norms of international law and policy and contribute to its progressive development by affirming existing norms. Professor Levitt is to be commended for having the vision, leadership and intellectual prowess to produce this excellent text. The book signals a major shift from the study of Africa as a basket case to a normative market place.' Akua Kuenyehia, Vice President, International Criminal Court 'Professor Levitt's work, Africa: Mapping New Boundaries in International Law, is pathbreaking in the true sense of that word. Through old and new voices, it excavates the singular contributions of Africa to a discipline that is marked by Eurocentrism and imperial aspirations. The authors, taking their cue from the indefatigable and insightful Professor Levitt, establish beyond a shadow of a doubt the enormity of the normative contributions that Africa has made to international law. The book must therefore be seen as a defining contribution to the multiculturalization of international law. It is for this reason that Professor Levitt is among the most important American academics working and thinking in international law today.' Makau Mutua, Interim Dean, SUNY Distinguished Professor, State University of New York Buffalo Law School

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.

The Routledge Handbook of Self-Determination and Secession explores the various debates surrounding the issues of self-determination and secession, and the legal, political, and normative implications they give rise to. Offering a broad survey of the state of the sub-discipline today, the chapters are divided into seven key parts: an Introduction, Self-Determination, Explaining and Justifying Secession, Secession Strategies, Counter-Secession Strategies, International Law and Secession, and Constitutional Law and Secession. The authors, from a range of disciplinary backgrounds, explore all the recent approaches to secession and self-determination based on strategic interaction of major actors in a secession process. This handbook will be of great interest to students and researchers from a variety of disciplines including politics and international relations, security studies, and law.