The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.

This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.

Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity. This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.

Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.

This book describes the rules governing appeals before the Court of Justice of the European Union. The appeal is the judicial remedy by which a party may contest a decision of the General Court of the European Union. It concerns matters in which the Tribunal has jurisdiction such as, competition, mergers, state aids, access to documents, restrictive measures, EU staff, trade marks, and other areas of intellectual property. This form of judicial remedy was created just over 25 years ago. It is specific to the ECJ, and can only be learned through the case-law. This book is a description of the case-law, and of the rules that the lawyers pleading appeal cases are required to know.

Over the past decade, the Democratic Republic of the Congo (DR Congo) and South Africa have attracted global attention for high rates of sexual and gender-based violence. Why is it that courts in eastern DR Congo prioritize gender crimes despite considerable logistical challenges, while courts in South Africa, home to a far stronger legal infrastructure and human rights record, have struggled to provide justice to victims of similar crimes? Lake shows that state fragility in DR Congo has created openings for human rights nongovernmental organizations (NGOs) to influence legal processes in ways that have proved impossible in countries like South Africa, where the state is stronger. Yet exploiting opportunities presented by state fragility to pursue narrow human rights goals invites a host of new challenges. Strong NGOs and Weak States documents the promises and pitfalls of human rights and rule of law advocacy undertaken by NGOs in strong and weak states alike.

Neumann and Wigen counter Euro-centrism in the study of international relations by providing a full account of political organisation in the Eurasian steppe from the fourth millennium BCE up until the present day. Drawing on a wide range of archaeological and historical secondary sources, alongside social theory, they discuss the pre-history, history and effect of what they name the 'steppe tradition'. Writing from an International Relations perspective, the authors give a full treatment of the steppe tradition's role in early European state formation, as well as explaining how politics in states like Turkey and Russia can be understood as hybridising the steppe tradition with an increasingly dominant European tradition. They show how the steppe tradition's ideas of political leadership, legitimacy and concepts of succession politics can help us to understand the policies and behaviour of such leaders as Putin in Russia and Erdogan in Turkey.

In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world's most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a 'Market Model' that seeks immigrants for short-term labor with fewer outlets to citizenship - an approach that resembles the increasingly contingent nature of labor markets worldwide.

This book offers the first book-length explanation of the UN's politics of selective humanitarian intervention. Over the past 20 years the United Nations has imposed economic sanctions, deployed peacekeeping operations, and even conducted or authorized military intervention in Somalia, Bosnia, or Libya. Yet no such measures were taken in other similar cases such as Colombia, Myanmar, Darfur-or more recently-Syria. What factors account for the UN's selective response to humanitarian crises and what are the mechanism that drive-or block-UN intervention decisions? By combining fuzzy-set analysis of the UN's response to more than 30 humanitarian crises with in depth-case study analysis of UN (in)action in Bosnia and Darfur, as well as in the most recent crises in Cote d'Ivoire, Libya and Syria, this volume seeks to answer these questions.

The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, cross-strait relations and Taiwan's New Southbound Policy. Questions and comments can be directed to the editorial board of the Yearbook by email at [email protected]

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

Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labor law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic. The Research Handbook on International Law and Migration provides a critical examination of migration and international law, identifying the issues still to be tackled and suggesting further developments to be made. It will appeal to advanced and postgraduate students, academics and policymakers. Contributors: T.A. Aleinikoff, I. Atak, H. Battjes, V. Chetail, R. Cohen, F. Crepeau, C. Dauvergne, M. Duchatellier, T. Gammeltoft-Hansen, G. Gilbert, E. Guild, W. Kalin, H. Lambert, S.H. Legomsky, B. Lyon, L.A. Nessel, H. O'Nions, S. Ojeda, C. Phuong, R. Piotrowicz, J. Rhodes, P.J. Spiro, H. Storey, J.P. Trachtman, W. Vandenhole, A. Vermeer-Kunzli, J. Vedsted-Hansen, R.M.M. Wallace, D. Weissbrodt, M. Zieck

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.

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

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.​

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.

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.

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.

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 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.

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.

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.