This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma's achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either "one-way" or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

Who is a vulnerable person in human rights law? This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under-explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights. The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

This work examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of "communication to the public" as the primary right applicable to the dissemination of copyright works in non-material form.

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.

This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People's Representative Congress and the characteristics of rule of law specific to China.

Franchising has long been an integral part of the globalization of business and an important tool in the spread of investment.
In this special issue of the Comparative Law Yearbook of International Business, practitioners who are specialized in franchising -- its potentials as well as its pitfalls -- provide reports on franchising developments in national systems such as:
- Australia,
- Austria,
- Canada,
- Chile,
- China,
- the Czech Republic,
- Denmark,
- France,
Germany,
- Greece,
- India,
- Indonesia,
- Israel,
- Malaysia,
- Mexico,
- Norway,
- Russia,
- Singapore,
- Spain,
- Thailand, and
- Turkey.

This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.

The third edition of this acclaimed textbook on peace-making after the First World War advances that the responsibility for the outbreak of a new, even more ruinous, war in 1939 cannot be ascribed entirely to the planet's most powerful men and their meeting in Paris in January 1919 to reassemble a shattered world. Giving a concise overview of the problems and pressures these key figures were facing, Alan Sharp provides a coherent introduction to a highly complex and multi-dimensional topic. This is an ideal resource for undergraduate and postgraduate students taking modules on the Versailles Settlement, European and International History, Modern History, Interwar Europe, The Great War, 20th Century Europe, German History, or Diplomatic History, on either history courses or international relations/politics courses.

This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.

This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts' judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.

Although the European Court of Justice ruled in Bosman (1995) that professional sportsmen and sportswomen are free at the end of their contracts, they are still at the mercy of the clubs that employ them. Such pretexts as the "special nature" of sport publicly urged by such European eminences as Tony Blair and Gerhard Schroder have institutionalized the human trafficking of players, depriving them of basic rights guaranteed under all the laws enjoyed by Europeans. They may be well-paid as long as they are in the limelight, but they have no surety. They can be, and are, bought and sold repeatedly, each time returning profits to those who trade in their athletic prowess. In this searing indictment, Professor Blanpain underscores the demonstrable illegality of the current transfer system imposed by the International Federation of Football Associations (FIFA). He describes in detail the complex ramifications of FIFA's rules in the lives of players, clearly revealing how the fundamental rights of players to free movement and freedom of labour are systematically denied. He calls for the courts, from the European Court of Justice on down, to recognize this illegality and act to enforce the Bosman judgement. Professor Blanpain examines all the crucial legal issues involved. These include the following: the classification of sportsmen and sportswomen as "workers"; the nature of the contract between player and club; the legal capacity of minors to enter into an employment contract; the trade in foreign (frequently African and South American) players with no legal rights in Europe; disciplinary rules; training compensation fees; placement and status of players' agents; dispute resolution; and conflicts with competition law. An extensive array of documents, including the FIFA Transfer Regulations and material leading to the March 2001 agreement between FIFA and the European Commission, is included in a series of annexes.

Because labour and social security issues have arisen in many disparate ways since the inception of the European Communities, there has been no consistent classification of European law in this area. This book attempts to rectify that situation, presenting as complete a codification as possible of this body of law, with texts of the most important documents and direct reference to print and online sources of all relevant conventions, regulations, directives, decisions, recommendations and agreements. The codification encompasses European Union texts on labour and social security, as well as pertinent Council of Europe documents.

This book focuses on understanding the characteristics of the marine environment; overall characteristic of the marine resources (especially the marine new energy) and their current utilization; important routes, channels, and ports; and the Maritime Silk Road from the perspective of international law. It also discusses the significance and opportunities of the Maritime Silk Road initiative, analyzes the challenges involved in the construction of the Maritime Silk Road and provides corresponding countermeasures. Based on the above research, this book also proposes to construct a comprehensive application platform for the Maritime Silk Road that will be a practical tool for decision-making. This book is one of the series publications on the 21st century Maritime Silk Road (shortened as "Maritime Silk Road"). This series publications cover the characteristics of the marine environment and marine new energy, remote islands and reefs construction, climate change, early warning of wave disasters, legal escort, marine environment and energy big data construction, etc. contributing to the safe and efficient construction of the Maritime Silk Road. It aims to improve our knowledge of the ocean, thus to improve the capacity for marine construction, enhance the viability of remote islands and reefs, ease the energy crisis and protect the ecological environment, improve the quality of life of residents along the Maritime Silk Road, and protect the rights, interests of the countries and regions participating in the construction of the Maritime Silk Road. It will be a valuable reference for decision-makers, researchers, and marine engineers working in the related fields.

This is a reprint of the first issue of the NETHERLANDS INTERNATIONAL LAW REVIEW, volume 40, to celebrate the 100th Anniversary of the Hague Conference and the 40th Anniversary of the NETHERLANDS INTERNATIONAL LAW REVIEW . From the contents: Some Recent Important Trends in Canadian Private International Law.The Influence of the Hague Conventions on Private International Law in France. The Influence of the Hague Conventions on the Development of Swedish Family Conflicts Law.The Hague Child Abduction Convention - the Common Law Response. Contributors are: Th.M. de BoerJ.-G. Castel, Q.C. H. Gaudemet-TallonMaarit JareborgDavid McCleanRui Manuel Moura RamosAlfred E. von OverbeckMichael Pryles, Fernand Schockweiler and Kurt Siehr.

This book analyzes the legal and economic situation concerning the removal and allocation of natural resources in the Caspian Sea - the largest enclosed body of salt water in the world, which not only constitutes a fragile ecosystem with tremendous fishery resources, but is also rich in oil and gas deposits. After more than 20 years of negotiations, the five littoral states signed the Convention on the Legal Status of the Caspian Sea in August 2018. This book investigates whether this long-awaited agreement may pave a way forward for the sustainable and peaceful development of the Caspian region. The newly introduced regulations on the delimitation of the boundaries, on the Caspian Sea's natural resources (especially its fossil fuels) and on the transport of goods by shipping and submarine pipelines, are of utmost importance for the successful participation of the Caspian states in global markets. In addition to a detailed analysis of the Convention, the book offers an up-to-date and comprehensive overview of the historical background and current status of issues that are of critical importance for the region's development and security.

This book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade and financial transactions, the number of cross-border mass disputes has increased.In the EU, several prototypes of collective redress mechanism exist that can be used toresolve mass disputes and, aside from the EU's recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.

This book shows how the links between energy security and national and international law and policies on green energy pose challenges to a transition towards a green energy system. Based on empirical work carried out in two very different country case studies - Great Britain and Brazil - this book attempts to foster a better understanding of the role played by energy security in constructing and deconstructing green energy policy initiatives. The broad range of views raised in national contexts leads to legal disputes in international forums when attempts are made to address the issues of this energy security/green energy interplay. As such, building on the findings of the case studies, this book then analyses the interplay between energy security and green energy development in international trade law as encapsulated in the law of the World Trade Organisation (WTO). Finally, the author proposes a way forward in creating the legal space in the law of the WTO for trade restrictive measures aimed at ensuring green energy security.

This book is the inaugural edition of the Nigerian Yearbook of International Law. The Yearbook is a necessary and timely publication that provides a forum for critical discourse on developments in international law, particularly where this has relevance for Nigeria, Africa and its people including those in the diaspora. The articles in this first volume explore topics under the following themes: International Law and Regional Systems, Contemporary Challenges/Emerging Issues, Criminal Law and Natural Resources/Environmental Law. There is also a section, which provides a comprehensive review of key decisions in African and International Courts/Tribunals. Contributors to this edition are international law jurists from across the world, including eminent judges of international tribunals, leading academics and an international diplomat.

Water covers some 75% of the earth's surface, while land covers 25%, approximately. Yet the former accounts for less than 1% of world GDP, the latter 99% plus. Part of the reason for this imbalance is that there are more people located on land than water. But a more important explanation is that while land is privately owned, water is unowned (with the exception of a few small lakes and ponds), or governmentally owned (rivers, large lakes). This gives rise to the tragedy of the commons: when something is unowned, people have less of an incentive to care for it, preserve it, and protect it, than when they own it. As a result we have oil spills, depletion of fish stocks, threatened extinction of some species (e.g. whales), shark attacks, polluted and dried-up rivers, misallocated water, unsafe boating, piracy, and other indices of economic disarray which, if they had occurred on the land, would have been more easily identified as the result of the tragedy of the commons and/or government ownership and mismanagement. The purpose of this book is to make the case for privatization of all bodies of water, without exception. In the tragic example of the Soviet Union, the 97% of the land owned by the state accounted for 75% of the crops. On the 3% of the land privately owned, 25% of the crops were grown. The obvious mandate requires that we privatize the land, and prosper. The present volume applies this lesson, in detail, to bodies of water.

The global crises of the early 21st century have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it. Across the diverse chapters herein, expert international scholars assess the key challenges facing decision makers, analyze arbitral and treaty practice and evaluate ways towards a balanced system of investment protection in the financial sector. In doing so, they offer a detailed analysis of the interaction between investment protection and financial regulation in fields such as sovereign debt restructuring and bank rescue measures. Combining high-level analysis with a detailed assessment of controversial legal issues, this book will provide guidance for both academics and legal practitioners working in international economic law, international arbitration, investment law, international banking and financial law. Contributors include: A. Asteriti, P. Athanassiou, C.N. Brower, A. De Luca, A. Goetz-Charlier, A. Gourgourinis, R. Hofmann, H. Kupelyants, Y. Li, M. Mendelson, M.W. Muller, M