Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

This study presents a general history of how journalism as an emerging profession became internationally organized over the past one hundred and twenty years, seen mainly through the associations founded to promote the interests of journalists around the world.

The ways in which Internet traffic is managed have direct consequences on Internet users' rights as well as on their capability to compete on a level playing field. Network neutrality mandates to treat Internet traffic in a non-discriminatory fashion in order to maximise end users' freedom and safeguard an open Internet. This book is the result of a collective work aimed at providing deeper insight into what is network neutrality, how does it relates to human rights and free competition and how to properly frame this key issue through sustainable policies and regulations. The Net Neutrality Compendium stems from three years of discussions nurtured by the members of the Dynamic Coalition on Network Neutrality (DCNN), an open and multi-stakeholder group, established under the aegis of the United Nations Internet Governance Forum (IGF).

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

From the UN Department of Peacekeeping Operations to the NATO International Staff and the European External Action Service, international bureaucrats make decisions that affect life and death. In carrying out their functions, these officials not only facilitate the work of the member states, but also pursue their own distinct agendas. This book analyzes how states seek to control secretariats when it comes to military operations by international organizations. It introduces an innovative theoretical framework that identifies different types of control mechanisms. The book presents six empirical chapters on the UN, NATO, and EU secretariats. It provides new data from a unique dataset and in-depth interviews. It shows that member states employ a wide range of control mechanisms to reduce the potential loss of influence. They frequently forfeit the gains of delegation to avoid becoming dependent on the work of secretariats. Yet while states invest heavily in control, this book also argues that they cannot benefit from the services of secretariats and keep full control over outcomes in international organizations. In their delegation and control decisions, states face trade-offs and have to weigh different cost categories: the costs of policy, administrative capacity, and agency loss. This book will be of interest to scholars, postgraduates, and officials in international organizations and national governments, dealing with questions of international political economy, security studies, and military affairs.

This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for a further constructive discourse on the topic at both national and international levels. A Third Volume, to be published in Autumn 2016, will focus on legal issues of safety and security of the use of nuclear energy for peaceful purposes. Jonathan L. Black-Branch is Professor of International Law, Royal Holloway University of London; a Member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Prolife ration and Contemporary International Law.

The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

International lawyers typically start with the legal. What is a legal as opposed to a political question? How should international law adapt to the unforeseen? These are the routes by which international lawyers typically reason. This book begins, instead, with the non-legal. In a series of case studies, Fleur Johns examines what international lawyers cast outside or against law - as extra-legal, illegal, pre-legal or otherwise non-legal - and how this comes to shape political possibility. Non-legality is not merely the remainder of regulatory action. It is a key structuring device of contemporary global order. Constructions of non-legality are pivotal to debate in areas ranging from torture to foreign investment and from climate change to natural disaster relief. Understandings of non-legality inform what international lawyers today do and what they refrain from doing. Tracing and potentially reimagining the non-legal in international legal work is, accordingly, both vital and pressing.

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

This book provides a wide and deep perspective on the ethical issues raised by pervasive information and communication technology (PICT) - small, powerful, and often inexpensive Internet-connected computing devices and systems. It describes complex and unfamiliar technologies and their implications, including the transformative potential of augmented reality, the power of location-linked information, and the uses of "big data," and explains potential threats, including privacy invaded, security violated, and independence compromised, often through widespread and lucrative manipulation. PICT is changing how we live, providing entertainment, useful tools, and life-saving systems. But the very smartphones that connect us to each other and to unlimited knowledge also provide a stream of data to systems that can be used for targeted advertising or police surveillance. Paradoxically, PICT expands our personal horizons while weaving a web that may ensnare whole communities. Chapters describe particular cases of PICT gone wrong, but also highlight its general utility. Every chapter includes ethical analysis and guidance, both specific and general. Topics are as focused as the Stuxnet worm and as broad as the innumerable ways new technologies are transforming medical care. Written for a broad audience and suitable for classes in emerging technologies, the book is an example of anticipatory ethics - "ethical analysis aimed at influencing the development of new technologies" (Deborah Johnson 2010). The growth of PICT is outpacing the development of regulations and laws to protect individuals, organizations, and nations from unintended harm and malicious havoc. This book alerts users to some of the hazards of PICT; encourages designers, developers, and merchants of PICT to take seriously their ethical responsibilities - if only to "do no harm" - before their products go public; and introduces citizens and policy makers to challenges and opportunities that must not be ignored.

This book is both a repertory guide to the Convention on International Civil Aviation (Chicago Convention) as well as a legal analysis of the provisions of the treaty. It traces action taken by the ICAO Assembly and the Council in the implementation of the Convention from the first ICAO Assembly in 1947 until 2012. Above all, the book offers a commentary on the functional and moral fabric of the Chicago Convention, which is not only a multilateral legal instrument that sets out basic principles of air navigation and air transport, but also serves as a moral compass that brings the people of the world together. The teleological nature of the Chicago Convention is reflected from the outset - from its Preamble which sets the tone and philosophy of the Convention - that aviation builds friendship and understanding among all people, to its technical provisions that range from rules of the air to landing at airports and customs and immigration procedures. The book effectively demonstrates the Aristotelian principle - that rules make people good by forming habits in them. Standardization, or in other words, compliance, is the driver of the Convention that keeps aviation safe, regular, efficient and economical. To that end, this book traces and details the sustained relevance of the Chicago Convention and the efforts of ICAO and the international aviation community towards keeping air transport on track and ready for its future exponential growth, both in letter and in spirit.

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Law can no longer be viewed through a purely national lens. Transnational legal ordering affects the boundary of the state and the market, the allocation of power among national institutions, the role of professions and their expertise, and associational patterns that provide new normative frames. This book breaks new ground for understanding the impacts of transnational legal ordering within nation-states in today's globalized world. The book addresses the different dimensions of state change at stake and the factors that determine these impacts. It brings together leading scholars from sociology and law who study the effects of transnational legal ordering within different countries. Their case studies illustrate how transnational legal ordering interacts with national law and institutions in different regulatory areas, and cover anti-money laundering, bankruptcy, competition, education, intellectual property, health, and municipal water law and policy in different countries. The book explains the extent and limits of transnational legal ordering in today's world.

This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters. The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law. The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines. Marco Odello, JD (Rome), LLM (Nottingham), PhD (Madrid) is a Reader in Law at Aberystwyth University, Wales, UK. Francesco Seatzu, JD (Cagliari), PhD (Nottingham) is Professor of International and European Law at the University of Cagliari, Sardinia, Italy.

The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. With this volume on 'Legal Equality and the International Rule of Law', the Netherlands Yearbook of International Law celebrates Pieter Kooijmans' academic, diplomatic, and judicial career by picking up on an important subject in his early writings, the principle of legal equality of states. This volume studies if and how the principle of legal equality of states is still important in the international legal order of the early 21st century. In particular, this volume examines the principle's current relevance, e.g., in a pluralistic legal order, its relation to hegemony in international relations and international law, and how it functions in contemporary international organisations. The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity.

Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.

The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.

This book focuses on maritime employment from a private international law perspective. The first chapter analyzes the background against which international jurisdiction and conflict of laws rules are drawn up and examines uniform law in this context, in particular the 2006 Maritime Labour Convention and the 2007 ILO Convention No. 188 on Work in Fishing. The second chapter addresses international jurisdiction issues as regards individual employment contracts, while also exploring other issues (e.g. insolvency-related and social security matters) that are subsequently revisited in the third chapter while discussing conflict of laws issues related to said contracts. In turn, chapter four focuses on collective labour relations and private international law, i.e. collective agreements, strikes and other forms of collective action and information, and on the participation rights of employees in business matters.

The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the 'problem' that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?

This book was first published in 2008. Assume, for a moment, that the necessary tools are available to induce or even force states to comply with international law. In such a state of affairs, how strongly should international law be protected? More specifically, how easy should it be to change international law? Should treaties be specifically performed or should states be given an opportunity to 'pay their way out'? In the event of states violating their commitments, what kind of back-up enforcement or sanctions should be imposed? Joost Pauwelyn uses the distinction between liability rules, property protection and inalienable entitlements as a starting point for a new theory of variable protection of international law, placed at the intersection between 'European absolutism' and 'American voluntarism'. Rather than undermining international law, variable protection takes the normativity of international law seriously and calibrates it to achieve maximum welfare and effectiveness at the lowest cost to contractual freedom and legitimacy.

Addressing a pressing issue in space policy, Pelton explores the new forms of technology that are being developed to actively remove the defunct space objects from orbit and analyzes their implications in the existing regime of international space law and public international law. This authoritative review covers the due diligence guidelines that nations are using to minimize the generation of new debris, mandates to de-orbit satellites at end of life, and innovative endeavours to remove non-functional satellites, upper stage rockets and other large debris from orbit under new institutional, financial and regulatory guidelines. Commercial space services currently exceed 100 billion USD business per annum, but the alarming proliferation in the population of orbital debris in low, medium and geosynchronous satellite orbits poses a serious threat to all kinds of space assets and applications. There is a graver concern that the existing space debris will begin to collide in a cascading manner, generating further debris, which is known as the Kessler Syndrome. Scientific analysis has indicated an urgent need to perform space debris remediation through active removal of debris and on-orbit satellite servicing.

This book seeks to examine a consistent theme occurring in judgements and awards given by international tribunals in the matter of boundary disputes, a theme which is predicated on finding some sort of difficulty in the implementation of those awards and judgements. This is a feature prominent in boundary and territorial disputes inasmuch as decisions relative to title to territory and location of a boundary line are always keenly contested and hotly disputed. Two remedies which have frequently been relied on by States are those of interpretation and revision. The author sheds light on how, when and in what circumstances will the tribunal be able to interpret or revise either its own or another tribunal's decisions. By doing so, the study succeeds in contributing to an understanding of this area of the law.

This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).

Fair Trade In CSR Strategy of Global Retailers shows how retailers can improve the success of their fair trade strategy. Using Polish market research, the authors analyze the aggressive and detrimental competition between retailers such as Ikea, and Tesco to emphasize the benefits of CSR strategy for stakeholders and society at large.