In 1955, a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine nations. Against the backdrop of crumbling European empires, Asian and African leaders forged new alliances and established anti-imperial principles for a new world order. The conference came to capture popular imaginations across the Global South and, as counterpoint to the dominant world order, it became both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. In this book, leading international scholars explore what the spirit of Bandung has meant to people across the world over the past decades and what it means today. It analyzes Bandung's complicated and pivotal impact on global history, international law and, most of all, justice struggles after the end of formal colonialism.

This book explores the emergence of African Union (AU) law as a legal order and its implications for existing order in the region. As an authoritative text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws.

Olufemi Amao argues that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explores how this trajectory gradually and incrementally de-emphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations.

As a comprehensive examination of the development of law within a union, this book will be of great interest and use to students, scholars and practitioners in international law, international relations, and African studies.

Table of Contents

1. Introduction 2. The development of the concepts of African Law and African Union Law 3. Ascertaining the Sources of African Union Law: A Needle in a Haystack? 4. Membership of the African Union 5. African Economic and Business Law: Green Shoots in the New Economic Legal Order 6. Peace, Security, the Rule of Law and African Union Law 7. Human Rights in the African Union Law 8. Economic, Social & Cultural Rights and Group Rights in the African Union Law 9. Custom, Morality and African Union Law: The Case of Sexual Orientation in Africa 10. Enforcement of African Union Law 11. Conclusions

How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations. Using detailed case studies, historical mapping and legal analysis, the contributors show how various actors (farmers, civil society groups, government officials, international bodies) use or could use different legal tools (legislative, jurisprudential, norm-setting) on various scales (local, national, regional, global) to achieve structural changes in food systems. Section 1, Institutionalizing New Approaches, explores the possibility of institutionalizing social change through two alternative visions for change - the right to food and food sovereignty. Individual chapters discuss Via Campesina's struggle to implement food sovereignty principles into international trade law, and present case studies on adopting food sovereignty legislation in Nicaragua and right to food legislation in Uganda. The chapters in Section 2, Regulating for Change, explore the extent to which the regulation of actors can or cannot change incentives and produce transformative results in food systems. They look at the role of the state in regulating its own actions as well as the actions of third parties and analyze various means of regulating land grabs. The final section, Governing for Better Food Systems, discusses the fragmentation of international law and the impacts of this fragmentation on the realization of human rights. These chapters trace the underpinnings of the current global food system, explore the challenges of competing regimes of intellectual property, farmers rights and human rights, and suggest new modes of governance for global and local food systems. The stakes for building better food systems are high. Our current path leaves many behind, destroying the environment and entrenching inequality and systemic poverty. While it is commonly understood that legal structures are at the heart of food systems, the legal academy has yet to make a significant contribution to recent discussions on improving food systems - this book aims to fill that gap.

This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

From climate change to nuclear war to the rise of demagogic populists, our world is shaped by doomsday expectations. In this path-breaking book, Alison McQueen shows why three of history's greatest political realists feared apocalyptic politics. Niccolo Machiavelli in the midst of Italy's vicious power struggles, Thomas Hobbes during England's bloody civil war, and Hans Morgenthau at the dawn of the thermonuclear age all saw the temptation to prophesy the end of days. Each engaged in subtle and surprising strategies to oppose apocalypticism, from using its own rhetoric to neutralize its worst effects to insisting on a clear-eyed, tragic acceptance of the human condition. Scholarly yet accessible, this book is at once an ambitious contribution to the history of political thought and a work that speaks to our times.

This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing narratives of crimes, perpetrators and victims are produced, circulated and contested. It analyzes how international criminal law and the courts gather, and in turn produce, knowledge about societies in war, their histories and identities, and their relations to the wider world. Moreover, the volume situates narratives of transitional justice in former Yugoslavia both within specific national spaces - such as Serbia, and Bosnia - and beyond the Yugoslav. In this way it also considers experiences from other countries and other times (post-World War II) to offer a sounding board for re-thinking the meanings of transitional justice and institutions within former Yugoslavia. Included in the volume's coverage is a look at the Rwandan tribunals, the trials of Charles Taylor, Radovan Karadzic, the Srebrenica genocide, and other war crimes and criminals in the Yugoslav. Finally, it frames all of those narratives and experiences within the global dynamics of legal, social and geo-political transformations, making it an excellent resource for social science researchers, human rights activists, those interested in the former Yugoslavia and international relations, and legal scholars.

This book extends the discussion of the nature of freedom and what it means for a human to be free. This question has occupied the minds of thinkers since the Enlightenment. However, without exception, every one of these discussions has focused on the character of liberty on Earth. In this volume the authors explore how people are likely to be governed in space and how that will affect what sort of liberty they experience. Who will control oxygen? How will people maximise freedom of movement in a lethal environment? What sort of political and economic systems can be created in places that will be inherently isolated? These are just a few of the major questions that bear on the topic of extra-terrestrial liberty. During the last forty years an increasing number of nations have developed the capability of launching people into space. The USA, Europe, Russia, China and soon India have human space exploration programs. These developments raise the fundamental question of how are humans to be governed in space. This book follows from a previous volume published in this series which looked at the Meaning of Liberty Beyond the Earth and explored what sort of freedoms could exist in space in a very general way. This new volume focuses on systems of governance and how they will influence which of these sorts of freedoms will become dominant in extra-terrestrial society. The book targets a wide readership covers many groups including: Space policy makers interested in understanding how societies will develop in space and what the policy implications might be for space organisations. Space engineers interested in understanding how social developments in space might influence the way in which infrastructure and space settlements should be designed. Space scientists interested in how scientific developments might influence the social structures of settlements beyond the Earth. Social scientists (political philosophers, ethicists etc) interested in understanding how societies will develop in the future.

This one-of-a-kind dictionary provides a comprehensive breakdown of terms employed in the discussion of international human rights law. In addition to a list of definitions, this innovative volume also includes an appendix featuring descriptions of major treaties, documents, and other important human rights instruments, along with references on how to locate them.Students and professors of international, human rights and humanitarian law will find this volume an indispensable resource, as will government officials and other practitioners working with human rights issues. Contents: Acknowledgements Guide to the Dictionary List of Abbreviations Definitions Appendix

This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.

The EU strategy 2020 includes ambitious plans for e-regulation that could improve Europe's competitiveness. However, the European states have very different legal frameworks in this field. This book introduces flagship initiatives and provides a detailed overview and analysis of the current standards and latest developments, offering practical insights and guidelines for practitioners and policy-makers alike. Further, as it discusses the main areas of e-regulation, it can serve as a useful platform for university education in light of the growing need for new kinds of specialists, i.e. IT lawyers. The book concentrates on fields that are directly affected by e-regulation such as cyber-security, databases, computer programs, e-governance, IP and competition law and informatics.

This volume addresses the creation, documentation, preservation, and study of the archaeology of lunar, planetary, and interstellar exploration. It defines the attributes of common human technological expressions within national and, increasingly, private exploration efforts, and explore the archaeology of both fixed and mobile artifacts in the solar system and the wider galaxy. This book presents the research of the foremost scholars in the field of space archaeology and heritage, a recent discipline of the field of Space Archaeology and Heritage. It provides the emerging archaeological perspective on the history of the human exploration of space. Since humans have been creating a vast archaeological preserve in space and on other celestial bodies. This assemblage of heritage objects and sites attest to the human presence off the Earth and the study of these material remains are best investigated by archaeologists and historic preservationists. As space exploration has reached the half century mark, it is the appropriate time to reflect on the major events and technological development of this particular unique 20th century arena of human history. The authors encapsulate various ways of looking at the archaeology of both fixed and mobile human artifacts in the solar system. As missions continue into space, and as private ventures gear up for public and tourist visits to space and to the Moon and even Mars, it is the appropriate time to address questions about the meaning and significance of this material culture.

The International Civil Aviation Organization’s (ICAO) decision to require aviation organizations to adopt Safety Management Systems poses a major problem especially for small and medium sized aviation companies. The complexity of regulations overstrains the aviation stakeholders who seek to fully advantage from them but have no clear guidance. The aim of the book is to show the implementation of such a new system with pragmatic effort in order to gain a gradation for smaller operators. This approach should illustrate the leeway in order to adapt the processes and to show the interfaces between Corporate Risk Management and Safety Management. The book shows how to build a system with reasonable effort, appropriate to the size and complexity of the specific operator. It also gives inputs on the key aspects and how to effectively operate such a system with the various interfaces. Furthermore, the book highlights the importance of Corporate Risk Management independent of Safety Management Systems based on ICAO.

The fairness of institutions of global economic governance ranks among the most pressing issues of our time. Most approaches to understanding the complex structure of treaties and intergovernmental organizations such as the WTO tend to uncritically accept an economic focus, highlighting gains from trade and the merits of progressive trade and investment liberalization. While the economic arguments are compelling, other ways of thinking about the roles of these institutions have received less attention. The Research Handbook fills this gap by offering a substantial interdisciplinary examination of the normative and policy underpinnings of the international economic order.The book includes specially commissioned chapters based on theories of justice, human rights, and critical legal studies, as well as on economics and the internal structure of international economic law itself, all written by leading scholars in their respective fields. The contributors offer an interdisciplinary approach to understanding the relationship between international economic law and policy and the rights and welfare of peoples across the globe. The end result is an essential point of reference for developing a comprehensive toolkit for evaluating the institutions of global economic governance. Containing extensive and significant interdisciplinary coverage of key areas of research on international economic law and policy, this Research Handbook will appeal to political scientists, philosophers, legal scholars, economists and international relations theorists. Contributors: G. Brock, B.S. Chimni, L.V. Ciko, P. Clements, C.M. Correa, F.J. Garcia, B. He, C.L. Lim, J. Linarelli, S.M. Lundan, A. Maneschi, H. Murphy, E.-U. Petersmann

Advance Praise for Indian Mujahideen: Computational Analysis and Public Policy "This book presents a highly innovative computational approach to analyzing the strategic behavior of terrorist groups and formulating counter-terrorism policies. It would be very useful for international security analysts and policymakers." Uzi Arad, National Security Advisor to the Prime Minister of Israel and Head, Israel National Security Council (2009-2011) "An important book on a complex security problem. Issues have been analysed in depth based on quality research. Insightful and well-balanced in describing the way forward." Naresh Chandra, Indian Ambassador to the USA (1996-2001) and Cabinet Secretary (1990-1992). "An objective and clinical account of the origins, aims, extra-territorial links and modus-operandi, of a growingly dangerous terrorist organization that challenges the federal, democratic, secular and pluralistic ethos of India's polity. The authors have meticulously researched and analysed the multi-faceted challenges that the "Indian Mujahideen" poses and realistically dwelt on the ways in which these challenges could be faced and overcome." G. Parthasarathy, High Commissioner of India to Australia (1995-1998) and Pakistan (1998-2000). This book provides the first in-depth look at how advanced mathematics and modern computing technology can influence insights on analysis and policies directed at the Indian Mujahideen (IM) terrorist group. The book also summarizes how the IM group is committed to the destabilization of India by leveraging links with other terror groups such as Lashkar-e-Taiba, and through support from the Pakistani Government and Pakistan's intelligence service. Foreword by The Hon. Louis J. Freeh.

Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.

In this volume, contributors from academia, industry, and policy explore the inter-connections among economic development, socio-political democracy and defense and security in the context of a profound transformation, spurred by globalization and supported by the rapid development of information and communication technologies (ICT). This powerful combination of forces is changing the way we live and redefining the way companies conduct business and national governments pursue strategies of innovation, economic growth and diplomacy. Integrating theoretical frameworks, empirical research and case studies, the editors and contributors have organized the chapters into three major sections, focusing on cyber-development, cyber-democracy and cyber-defense. The authors define cyber-development as a set of tools, methodologies and practices that leverage ICT to catalyze and accelerate social, political and economic development, with an emphasis on making the transition to knowledge-based economies. One underlying understanding here is that knowledge, knowledge creation, knowledge production and knowledge application (innovation) behave as crucial drivers for enhancing democracy, society, and the economy. By promoting dissemination and sharing of knowledge, cyber-democracy allows a knowledge conversion of the local into the global (gloCal) and vice versa, resulting in a gloCal platform for communication and knowledge interaction and knowledge enhancement. Meanwhile, technology-enabled interconnectivity increases the need to adopt new methods and actions for protection against existing threats and possible challenges to emerge in the future. The final section contemplates themes of cyber-defense and security, as well as emerging theories and values, legal aspects and trans-continental links (NATO, international organizations and bilateral relations between states). Collectively, the authors present a unique collection of insights and perspectives on the challenges and opportunities inspired by connectivity.

This exciting new WMU book series' volume features the first attempt to include detailed experiences of women in the maritime sector at a global level. It highlights the achievement of women in the maritime sector, in particular, women’s leadership and service to the sustainable development of the maritime industry. The volume contains contemporary studies on maritime women and follows an inter-disciplinary approach. It offers an overview of women's integration into the maritime sector since the late 1980s as well as benchmarking its impact on various levels, such as policy, employment, education, leadership and sustainability. Even 20 years after the Beijing Declaration, gender-related challenges at work still remain in the maritime sector, for example, lack of gender policy,  difficulty in work-life balance, access to education, and leadership opportunities. The book addresses a series of recommendations that may further help the integration of women into the maritime sector.

This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.

The Yearbook on Space Policy is the reference publication analyzing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The Yearbook on Space Policy is edited by the European Space Policy Institute (ESPI) based in Vienna, Austria. It combines in-house research and contributions of members of the European Space Policy Research and Academic Network (ESPRAN), coordinated by ESPI. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.

The book contains a collection of high-quality academic and expert contributions dealing with the central question of whether the Lisbon Treaty needs further revision. Due to the difficulties European Union actors have encountered in implementing the Lisbon Treaty's reform and the inadequacies of the current legal framework brought to light by post-Lisbon practice, the volume focuses on possible innovations and functional approaches to improve the Union's response to the challenges confronting it. In doing so, the volume first takes a horizontal approach to the Treaty' revision and considers some constitutional features showing the interaction between the EU and its Member States (namely, the parameters of constitutional developments, the allocation of competences, the principles of solidarity and loyal cooperation). Then, the focus shifts to the question of fundamental rights within the EU's constitutional framework, one of the most relevant innovations of the Lisbon Treaty being the incorporation of the Charter of Fundamental Rights into the Union's primary law. The last part of the volume is devoted to another domain significantly reshaped by the Lisbon reform, namely, the Union's external dimension. ECJ Advocate General Paolo Mengozzi's conclusions highlight the common themes emerging from the various contributions, stressing the need for a more general supranational approach to the political crisis the Union is going through. The content of this book will be of great value to academics, students, judges, practitioners and all others interested in the legal discourse on the progressive development of the European Union legal order.

This book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt - bilateral debt, multilateral debt, syndicated debt and bonded debt - in relation to three crucial contexts: genesis, restructuring and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and unclear boundaries. Though the analysis is mainly conducted on the basis of international law, the breadth of this topical subject has made it necessary to include other sources, such as private international law, domestic law and financial practice; moreover, references are made to international financial relations and international financial history so as to provide a more complete understanding. Although it follows the structure of a continental tractatus, the work strikes a balance between consideration of doctrinal and jurisprudential sources, making it a valuable reference work for scholars and practitioners alike.

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.

Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.