This book seeks to reimagine why and how to confront mass atrocities in world politics. Drawing on Hannah Arendt's conception of evil, it interprets and understands mass atrocities as 'evil' in an 'Arendtian' sense, that is, as crimes against human plurality and, thus, crimes against humanity itself. This understanding of mass atrocities paves the way for reframing responses to mass atrocities as attempts to confront evil. In doing so, the book focuses on military intervention under the banner of the Responsibility to Protect (R2P) and judicial intervention by the International Criminal Court (ICC) and reframes them as tools to protect human plurality from evil. Furthermore, the book looks at the place and the role of R2P and the ICC in the changing landscape of world order. It argues that the protection of humanity from evil can serve as a legitimate Grundnorm (basic norm) around which a global constitutional order in an inherently pluralistic world can be constructed.

This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the "justice cascade" argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany's membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.

Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.

This book is dedicated to the nascent discussion of the legal aspects of human exploration and possible settlement of Mars, and provides fresh insights and new ideas in two key areas. The first one revolves around the broader aspects of current space law, such as intellectual property rights in outer space, the legal implications of contact with extra-terrestrial intelligence, legal considerations around the freedom of exploration and use, and the International Space Station agreement as a precedent for Mars. The second one focuses on the creation and management of a new society on Mars, and includes topics such as human reproduction and childbirth, the protection of human rights in privately-funded settlements, legal aspects of a Martian power grid, and criminal justice on the red planet. With multiple national space agencies and commercial enterprises focusing on Mars, it is more than likely that a human presence will be established on the red planet in the coming decades. While the foundation of international space law, laid primarily by the Outer Space Treaty, remains the framework within which humans will engage with Mars, new and unforeseen challenges have arisen, driven particularly by the rapid pace of technological advancement in recent years. To ensure that space law can keep up with these developments, a new scholarly work such as the present one is critical. By bringing together a number of fresh international perspectives on the topic, the book is of interest to all scholars and professionals working in the space field.

This collection of essays addresses the most pressing contemporary issues in international law and relations. The authors are leading experts and renowned actors on the international stage, or in national jurisdictions, who have all interacted closely with Louise Arbour in the course of her career. Louise Arbour has had a profound impact on the development of international law and has played significant roles in international institutions, as Prosecutor for the International Criminal Tribunals for Rwanda and the former Yugoslavia, United Nations High Commissioner for Human Rights, CEO of the International Crisis Group and Special Representative of the UN Secretary-General for International Migration. She also held the top legal positions in Canada and helped shape Canadian law, as an academic and as a judge, sitting on its highest bench, the Supreme Court of Canada. Louise Arbour is a leader on issues of conflict prevention and resolution, criminal justice and human rights, and her vision often sets the standard. This unique collection of essays by world leaders and experts tackles substantive topics, such as the right to truth, torture, immunity and women’s rights, in light of current and past events, challenging basic assumptions and bringing fresh thoughts to debates that are at the core of the world’s agenda. The backbone of each contribution is the interaction between justice and peace, between human rights and conflict, and between law and politics, in the international sphere or domestic context. Doing Peace the Rights Way gathers together great minds, in honour of a true champion and ambassador of justice and human rights, in the hope that their vision on the most urgent debates of our time can help in getting us closer to the ideals of peace and justice for all.

This book is the highly anticipated sequel to the previous volume under the same title, dedicated to presenting a diverse range of timely and valuable contributions on the legal and policy related questions evoked by satellite constellations, including emerging mega-constellations. Given the proliferation of activities in the field of satellite constellations, and the critical roles they play in supporting and enabling communication, navigation, disaster monitoring, Earth observation, security and scientific activities, the insights of legal and policy experts from around the world have been gathered in this second volume to help expand the scientific literature in this precious field. Topics range from legal obstacles and opportunities facilitating small satellite enterprise for emerging space actors, international cooperation in the compatibility and interoperability of navigation systems, the designation of satellite constellations as critical space infrastructure, to an analysis of the paradigm shift which has occurred over the last decade to make the proliferation of small satellite constellations possible, and more.

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.

A guide that serves as a resource for national-level policy makers and the staff of conservation organizations who wish to integrate population and environmental conditions in planning for sustainable development. It presents the basic rationale for linking population and environmental issues.

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

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.

Since 2007 the world has lurched from one crisis to the next. The rise of new powers, the collapse of our global financial system, the proliferation of nuclear weapons and crisis in the Eurozone have led to a build up of risks that is likely to provoke a more general crisis in our system of global governance if it cannot be made fairer, more effective and accountable. In this book, nine leading scholars explore the fault lines and mounting challenges that are putting pressure on existing institutions, the ways in which we are currently attempting to manage them or failing to and the prospects for global governance in the 21st century. In doing so, the contributors offer a fresh look at one of the most important issues confronting the world today and they suggest strategies for adapting current institutions to better manage our mutual interdependence in the future. Contributors include Ha-Joon Chang, Benjamin Cohen, Michael Cox, David Held, George Magnus, Robert Skidelsky, Robert Wade, Martin Wolf and Kevin Young.

This innovative volume brings together international design scholars to address the history and present-day status of national and international design organizations, working across design disciplines and located in countries including Argentina, Turkey, Estonia, Switzerland, Italy, China and the USA. In the second half of the 20th century, many non-governmental organizations were created to address urgent cultural, economic and welfare issues. Design organizations set out to create an international consensus for the future direction of design. This included enhancing communication between professionals, educators and practitioners, raising standards for design, and creating communities of designers across linguistic, national and political borders. Shared needs and agendas were identified and categories of design constantly defined and re-defined, often with overt cultural and political intents. Drawing on an impressive range of original research, archival sources and oral testimony, this volume questions the aims and achievements of national and international design organizations in light of their subsequent histories and their global remits. The Cold War period is central to the book, while many chapters draw on post-colonial perspectives to interpret how transnational networks and negotiations took place at events and congresses, and through publication.

This book provides an extensive overview of the protection of cultural heritages sites on the Moon (humanity's lunar heritage) and the various threats they face. First of all, the international legal framework, especially the relevant space treaties are analyzed in terms of how they protect cultural heritages sites on the Moon. In turn, the book explores key aspects like the application of customary law, the UNESCO World Heritage Convention, or the Underwater Convention, and the possibility of adding these sites to UNESCO's World Heritage list. The book subsequently addresses the question of how to define culture heritage sites or artifacts, in particular in view of the "Outstanding Universal Value" criterion, which is a vital aspect in order to differentiate them from space garbage or even space threats. Lastly, the book proposes and elaborates on various protection systems and multilateral protection regulations. Especially now, 50 years after the first human landing on the Moon, the book is a timely publication that will be of interest to all scholars and professionals working in the space field.

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 explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests. Furthermore, Brexit forces the EU for the first time to face the prospect of a major member state preparing to leave the Union. Are these developments heralding the return of the nation-state, and if so, in what form? Is the national revival a lasting phenomenon that will affect the EU for a long time to come, or is it a transitory trend? This book takes an interdisciplinary approach to answer these questions. It brings together scholars from economics, law, and political science to provide insights into the multifaceted relations between the Union and its member states from different perspectives. All chapters are based on up-to-date research findings, succinct assessments of the current state of affairs and ongoing debates about the direction of European integration. The book concludes by offering policy recommendations at European and national levels.

This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission's powers to adopt these important acts relates to subjects' democratic rights. Accordingly, the book explores the question of how the Commission's powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships - loyalty - can be included in the rule-making process.

This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

Why do some donor governments pursue international development through recipient governments, while others bypass such local authorities? Weaving together scholarship in political economy, public administration and historical institutionalism, Simone Dietrich argues that the bureaucratic institutions of donor countries shape donor-recipient interactions differently despite similar international and recipient country conditions. Donor nations employ institutional constraints that authorize, enable and justify particular aid delivery tactics while precluding others. Offering quantitative and qualitative analyses of donor decision-making, the book illuminates how donors with neoliberally organized public sectors bypass recipient governments, while donors with more traditional public-sector-oriented institutions cooperate and engage recipient authorities on aid delivery. The book demonstrates how internal beliefs and practices about states and markets inform how donors see and set their objectives for foreign aid and international development itself. It informs debates about aid effectiveness and donor coordination and carries implications for the study of foreign policy, more broadly.

The Arctic has, for some forty years, been among the most innovative policy environments in the world. The region has developed impressive systems for intra-regional cooperation, responded to the challenges of the rapid environmental change, empowered and engaged with Indigenous peoples, and dealt with the multiple challenges of natural resource development. The Palgrave Handbook on Arctic Policy and Politics has drawn on scholars from many countries and academic disciplines to focus on the central theme of Arctic policy innovation. The portrait that emerges from these chapters is of a complex, fluid policy environment, shaped by internal, national and global dynamics and by a wide range of political, legal, economic, and social transitions. The Arctic is a complex place from a political perspective and is on the verge of becoming even more so. Effective, proactive and forward-looking policy innovation will be required if the Far North is to be able to address its challenges and capitalize on its opportunities.

This book considers governance and policy-making within the maritime sector, and focuses significantly on the dimensional context within which governance works. Recognising the importance of understanding governance and policy at times when the world is faced with social, political, and economic problems, it highlights the fact that both areas are equally significant in understanding today's political economy. By focusing on the maritime sector, a pillar industry supporting international trade activities, the book offers a unique perspective to explain the difficulties of balancing policy-making with governance in order to provide solutions. It also examines the importance of developing a governance process that encourages and accommodates juxtaposition in a way that ensures that the effect of independent policy-making is understood upon the success or otherwise of policies across a range of contexts and problems. Given the in-depth nature of the text, it is of interest to academics, researchers and professionals in the field.

This book studies the topic of forced climate migrants (commonly referred to as "climate refugees") through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change-to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a "forced climate migrants law" could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

EtYIL 2018 comes at a time when multilateralism and its underpinning norms of international law and institutions are under siege. At the same time, in 2018, Africa stood out for upholding multilateralism and international law. From the adoption of the Agreement establishing the African Continental Free Trade Area to the signing of peace agreements that brought to an end two decades of hostilities between Eritrea and Ethiopia, 2018 was indeed a remarkable year for international law in Africa. EtYIL 2018 covers some of these issues, including the Eritrea-Ethiopia Claims Commission decisions on jus ad bellum, jus in bello, evidentiary and procedural matters and the role of arbitration in upholding the international rule of law. Such new developments as the lifting of UN sanctions against Eritrea and the agreements signed between Eritrea and Ethiopia are also covered in this volume. The volume further devotes considerable attention to other legal issues including: the use and misuse of European patent law to the detriment of developing countries' interests, sharing transboundary resources, production sharing agreements on extractives , evolving rules governing economic relations between Africa and the European Union in the context of Brexit, contract-farming in the African cocoa and chocolate industry, the International Criminal Court and human rights law, and cyber-attacks and the role of international law in tackling them. These chapters, authored by experts from Africa, Asia, Europe and North America not only bring new and diverse voices to the international law discourse; they also contribute to EtYIL's overarching goal of contributing to the effort to rebalance the narrative of international law.

This book, edited by the European Space Policy Institute, is the first international publication, following UNISPACE+50, to analyze how space capacity building can empower the international community towards fully accessing all the economic and societal benefits that space assets and data can offer. New innovation models are increasingly spreading across various sectors and disciplines, including space, which is becoming an integral part of many societal activities (e.g. telecoms, weather, climate change and environmental monitoring, civil protection, infrastructures, transportation and navigation, healthcare and education). The book helps readers construct their own space capacity building roadmaps, which take into account key stakeholders and also new private actors, NGOs and civil society. Starting from a policy and strategy perspective, it addresses key aspects of capacity building, including innovation and exploration, global health, climate change and resilient societies. It outlines the available options and summarizes the ideal programmatic conditions for their successful implementation. Showcasing reflections from a range of senior space professionals around the world, with their unique perspectives and solutions, it provides a rich mosaic in which various cultural and policy approaches to space are translated into actionable programs and ideas so that space may truly benefit all of humankind.

This book aims to identify what components are needed for economic diplomacy in today's rapidly changing world, looking at the nature, focus and tenets of economic diplomacy, and the differences between economic diplomacy and commercial diplomacy. Further, it considers the new kind of diplomacy that will be required for emerging markets, in contrast to maintaining the traditional techniques used for economic diplomacy between states. The author emphasises the negotiating techniques necessary for successfully engaging in economic diplomacy in the current diplomatic atmosphere. Importantly, it also discusses how to pursue economic diplomacy at international fora and with regard to private foreign investments. Lastly, it addresses the role of non-governmental organisations in economic diplomacy. Given its scope, the book will benefit not only practicing diplomats, but also graduate students.