This book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.

The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.

Reflecting its reliance on fossil fuels, the electric power industry produces the majority of the world's greenhouse gas emissions. The need for a revolution in the industry becomes further apparent given that 'decarbonization' means an increasing electrification of other sectors of the economy?in particular, through a switch from gasoline to electric vehicles. Of the options for producing electric power without significant greenhouse gas emissions, renewable energy is most attractive to policymakers, as it promises increased national self-reliance on energy supplies and the creation of new industries and jobs, without the safety and political concerns of nuclear power or the unproven technology of carbon capture and storage. Drawing on both economic theory and the experiences of the United States and EU member states, Harnessing Renewable Energy addresses the key questions surrounding renewable energy policies. How appropriate is the focus on renewable power as a primary tool for reducing greenhouse gas emissions? If renewable energy is given specific support, what form should that support take? What are the implications for power markets if renewable generation is widely adopted? Thorough and well-evidenced, this book will be of interest to a broad range of policymakers, the electric power industry, and economists who study energy and environmental issues.

The legal regime of outer space, as enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (General Assembly Resolution 1962 (XVIII), adopted in 1963, and in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, while prohibiting the appropriation of space by any means, envisages exploration for the bene't and in the interest of all countries on a basis of equality and in accordance with international law. Freedom of scienti?c investigation is also contemplated. Elaborating on these instruments, the Assembly in 1996 adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space (RES 51/122), in which it called for heightened international co-operation, with part- ular attention to be given to the bene't for and the interests of developing countries and countries with nascent space programmes. Thus, it is self-evident that the outer space regime, including the 1972 Liability Convention, envisages the conduct of national activities "for the bene't and in the interests of all countries, irrespective of their degree of economic or scienti?c dev- opment." In this regard, Article 6 of the 1967 Treaty not only provides for national activities in outer space, but for international responsibility whether such activities are carried out by governmental agencies or non-governmental entities, and aims at ensuring that national activities are conducted in conformity with the Treaty.

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.

This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author's experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.

In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

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 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,

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.

'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.

Winner of the Scribes Book Award "As brilliantly imaginative as it is urgently timely." -Richard H. Fallon, Jr., Harvard Law School "At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto." -Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state." Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the "deep state" and yearn for its downfall. "Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state." -Review of Politics "The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow." -Wall Street Journal

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 provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

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

The Millennium Development Goals, adopted at the UN Millennium Summit in 2000, are the world's targets for dramatically reducing extreme poverty in its many dimensions by 2015 income poverty, hunger, disease, exclusion, lack of infrastructure and shelter while promoting gender equality, education, health and environmental sustainability. These bold goals can be met in all parts of the world if nations follow through on their commitments to work together to meet them. Achieving the Millennium Development Goals offers the prospect of a more secure, just, and prosperous world for all. The UN Millennium Project was commissioned by United Nations Secretary-General Kofi Annan to develop a practical plan of action to meet the Millennium Development Goals. As an independent advisory body directed by Professor Jeffrey D. Sachs, the UN Millennium Project submitted its recommendations to the UN Secretary General in January 2005. The core of the UN Millennium Project's work has been carried out by 10 thematic Task Forces comprising more than 250 experts from around the world, including scientists, development practitioners, parliamentarians, policymakers, and representatives from civil society, UN agencies, the World Bank, the IMF, and the private sector. This report lays out the recommendations of the UN Millennium Project Task Force on Education and Gender Equality. The Task Force recommends seven strategic priorities: strengthen postprimary education for girls while ensuring universal primary education; guarantee sexual and reproductive health and rights; reduce women's and girls' time burdens; guarantee property and inheritance rights; eliminate gender inequality in employment; increase women's participation in government; and significantly reduce violence against women. Action on these priorities will enable countries in every region of the world to achieve gender equality and women's empowerment by 2015.

What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.

Since its original publication by the International Institute for Environment and Development in 1999, Policy That Works for Forests and People has been recognised as the most authoritative study to date of policy processes that affect forests and people. Providing a thorough analysis of the issues, options and factors that determine different outcomes and bolstered by a major annex containing tools and tactics, the book offers clear and practical advice on how to formulate, manage and implement policies appropriate to different contexts. These are policies that result in real improvements in the governance, use and economic benefits that can flow from forests to those who depend upon them. This book is essential reading for policy-makers, forestry practitioners and academics and students in all areas of forest policy, management and governance.

International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 163 reports on, amongst others, the 2015 judgment of the High Court of India in AWAS 39423 Ireland v. Director-General of Civil Aviation and Spicejet Ltd, the judgment of the Grand Chamber of the European Court of Human Rights in Jamaa and Others v. Italy, and the English Court of Appeal judgment in Al-Jedda v. Secretary of State for Defence (No. 2).