This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance. A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law. Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. Xi

In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.

With a foreword by Major-General Nico Geerts, Commander Netherlands Defence Academy, Breda, The Netherlands International conflict resolution increasingly involves the use of non-military power and non-kinetic capabilities alongside military capabilities in the face of hybrid threats. In this book, counter-measures to those threats are addressed by academics with both practical and theoretical experience and knowledge, providing strategic and operational insights into non-kinetic conflict resolution and on the use of power to influence, affect, deter or coerce states and non-state actors. This volume in the NL ARMS series deals with the non-kinetic capabilities to address international crises and conflicts and as always views matters from a global perspective. Included are chapters on the promise, practice and challenges of non-kinetic instruments of power, the instrumentality of soft power, information as a power instrument and manoeuvring in the information environment, Russia's use of deception and misinformation in conflict, applying counter-marketing techniques to fight ISIL, using statistics to profile terrorists, and employing tools such as Actor and Audience Analysis. Such diverse subjects as lawfare, the Law of Armed Conflict rules for non-kinetic cyber attacks, navigation warfare, GPS-spoofing, maritime interception operations, and finally, as a prerequisite, innovative ways for intelligence collection in UN Peacekeeping in Mali come up for discussion.The book will provide both professionals such as (foreign) policy makers and those active in the military services, academics at a master level and those with an interest in military law and the law of armed conflict with useful and up-to-date insights into the wide range of subjects that are contained within it. Paul A.L. Ducheine and Frans P.B. Osinga are General Officers and full professors at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, The Netherlands. Specific to this volume in the Series: * Written by academics with both practical and theoretical experience* Addresses counter measures to hybrid crises* Offers both strategic and operational insights to non-kinetic conflict resolution

The rapid development of the Internet has led to a growing potential for electronic trade in digital content like movies, music and software. As a result, there is a need for a global trade framework applicable to such digitally-delivered content products. Yet, digital trade is currently not explicitly recognised by the trade rules and obligations of the World Trade Organization (WTO). This study provides a complete analysis of the related challenges in the ongoing WTO Doha Negotiations to remedy this state of affairs. It elaborates on the required measures in the multilateral negotiations to achieve market access for digital content and examines the obstacles that lie on the path to reach consensus between the United States and the European Communities. Negotiation parameters analysed include the current US and EC regulatory approach to audiovisual and information society services and the evolution of their applicable trade policy jurisdiction. Finally, this examination takes stock of how the Doha Negotiations and parallel US-driven preferential trade agreement have so far contributed to securing free trade in digital content. As new technologies are an increasingly prominent source of trade dispute, this book is an assessment of how WTO Members can maintain the relevance of the multilateral trade framework in a changing technological and economic environment. "This important work highlights the missed opportunity in on-going global trade talks -- the failure to pursue a free trade framework for digitally delivered content. If not corrected, one can readily imagine the rise of discriminatory barriers to digital trade of the type that have dogged global trade flows for years, and a failed recognition by the WTO of the reality of modern commerce. The WTO should, as the author argues, put a "spotlight" on electronic trade, and move forward in a comprehensive fashion." Ambassador Charlene Barshefsky, Former United States Trade Representative "Wunsch-Vincent provides a comprehensive analysis of the challenges to establish a liberal trade regime for trade in digital products. This book will become an important point-of-reference for anybody interested in e-commerce and the WTO." Carlos A. Primo Braga, Senior Adviser, International Trade Department, The World Bank

Crimes associated with the illegal trade in wildlife, timber and fish stocks, and pollutants and waste have become increasingly transnational, organized and serious. They warrant attention because of their environmental consequences, their human toll, their impact on the rule of law and good governance, and their links with violence, corruption and a range of cross-over crimes. This ground-breaking, multi-disciplinary Handbook examines key transnational environmental crime sectors and explores its most significant conceptual, operational and enforcement challenges. Bringing together leading scholars and practitioners, this book presents in-depth analysis based on extensive academic research and operational and enforcement expertise. The sectors covered include illegal wildlife, timber, pollutant and waste trades and crimes in the carbon market. The contextual chapters examine criminal networks and illicit chains of custody, local sociocultural, economic and political factors, the effectiveness of policy and operational responses, and international jurisdictional challenges. This Handbook will be an invaluable resource for students and scholars of global environmental politics, international environmental law, and environmental criminology as well as for regulatory and enforcement practitioners working to meet the challenges of transnational environmental crime. Contributors include: J. Ayling, L. Bisschop, G. Broussard, A. Cardesa-Salzmann, M. Cassidy, D.W.S. Challender, E. Clark, M.A. Clemente Munoz, E. de Coning, R. Duffy, L. Elliott, C. Gibbs, D. Humphreys, Y. Jia, N. Liu, D.C. MacMillan, C. Middleton, R. Ogden, G. Pink, G. Rose, V. Sacre, S. Saydan, W.H. Schaedla, S. Sinha, V. Somboon, T. Terekhova, E. van Asch, T. Wyatt

Robert Williams attempts to write Indians back into Indian law by developing a greater appreciation for the contributions of American Indian legal visions and demonstrating how ancient treaty visions can speak to the modern, multicultural age. Prior to European colonization, in countless treaties, councils, and negotiations, American Indians had adhered to the principles contained in traditional rituals such as the Gus-Wen-Tah, the sacred treaty belt, for achieving justice between different peoples. Throughout the seventeenth and eighteenth centuries, the survival of the European colonies in North America required reaching accommodation with surrounding Indian tribes. However, European Common law and the white man's Indian law eventually became dominant, and came to be regarded as the salvation of the Indian in North America.
Williams maintains there is an important need for a more complete account of the legal visions of the American Indians. In this work, he examines the Indians' role in the history of legal traditions which have determined Indian rights in the U.S., including the Indian conceptions of justice, their traditions, and practices. Doing so is essential to protecting Indian tribalism's survival under U.S. law. In addition, understanding how the American Indian legal traditions have worked to help perpetuate Indian tribalism might also assist in beginning to understand how U.S. law may achieve racial justice more generally.

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 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.

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 book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.

This is the first study of the United Nations Industrial Development Organization (UNIDO). It provides a concise description of UNIDO's activities as an actor in the field of international industrial cooperation from the 1960's to the present day. The emergence of UNIDO as a specialized agency of the United Nations is analyzed with emphasis on legal and institutional issues, and problems related to UNIDO's efficiency and its dependence upon political consideration, especially with respect to major countries, are examined. Finally, recommendations are made for the improvement of UNIDO's industrial development activities. This work will be of interest to scholars and students in development economics, international economics, international relations, and international organizations.

This innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples. Providing an excellent grounding for scholars seeking to understand the major topics within the discipline, this topical book is accessible to the novice human rights scholar, yet of great interest to the most seasoned human rights researcher. It will strongly appeal to law academics as well as students and practitioners of human rights.

Written for students working in a range of disciplines, this textbook provides an accessible, balanced, and nuanced introduction to the field of public international law. It explains the basic concepts and legal frameworks of public international law while acknowledging the field's inherent complexities and controversies. Featuring numerous carefully chosen and clearly explained examples, it demonstrates how the law applies in practice, and public international law's pervasive influence on world affairs, both past and present. Aiming not to over-emphasize any particular domestic jurisprudence or research interest, this textbook offers a global overview of public international law that will be highly valuable to any student new to the study of this very significant field.

This volume contains a series of cumulative indexes and tables covering volumes XI-XX of the Yearbook: cases, bilateral and multilateral agreements, municipal legislation, authors, an index of names and a subject index. As such, it builds upon and complements the cumulative index to Volumes I-X which was published in 1983. This cumulative index provides the reader with easy access to information contained in the volumes published during the second decade of the Yearbook's existence.

This book offers an intensive investigation of past and present achievements and failures in international environmental law. International Environmental Disputes is a thought-provoking examination of the world's most pressing environmental problems and the attempts to remedy them through international law. From the dumping of ash in the Danube and the disposal of waste in western Africa to the effects of the Everglades sugar industry, the work explores such topics as the role of the United Nations, the debate over sustainable development, environmental ethics, biopiracy, and radioactive material in space satellites. The book covers issues such as treaties on the ozone layer, global climate change, and the Kyoto protocol. A chapter devoted to the United States discusses the international environmental impact of its economy. Biographical sketches introduce readers to a diverse cast of characters including a New Guinea tribal elder and a Japanese TV personality. A chronology of milestone events, such as the Tisza cyanide spill and the death of the last passenger pigeon Excerpts from key documents, including treaties such as the Convention on Biological Diversity and documents relating to the Corfu Channel dispute and other key cases, as well as UN and nongovernmental documents

The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention.

The harmonization of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected. Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights. Contributors include: O. Bamodu, I. Carr, Y. Farah, G. Guneysu-Gungoer, L. Heffernan, S. Hourani, D. Kenny, M. Koutsias, X.E. Kramer, P. Stone, E. Treppoz, A. Yilmaz-Vastardis, H.-L. Yu

The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. While the complex copyright problems of the Internet have generated plenty of literature and legislative initiatives, many important issues still remain unresolved. Rights holders in the online marketplace thus remain vulnerable to digital piracy and other forms of unauthorised use. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.

This publication provides a fresh perspective on the litigation of the European Court of Human Rights by focusing upon the role that non-governmental organizations (NGOs) play in it. The inspiration for this work was the growing literature that points to human rights as the outcome of political and social struggles. The role that NGOs play in these struggles is well-documented in the context of other international and regional human rights tribunals, but has been less widely written about in the context of the European Court of Human Rights. The Court is typically subject to legalistic, as opposed to socio-political, scrutiny. In this book, the Court's litigation is re-cast as a site where politically motivated actors attempt to affect the meaning that is given to the language of the European Convention on Human Rights and to use the Convention as a mechanism that can contribute to social change. For the purposes of this research, a mixture of quantitative and qualitative research techniques is adopted. These methods facilitate the author's desire to obtain both a de-centered perspective of the Court's functions and a systematic picture of the scale of NGO involvement in the Court's litigation. The core of this work is primarily based on data obtained from a sample of cases in which the Court had delivered judgment, and a plethora of associated materials, including extensive interviews with NGOs that were involved in those cases. Ultimately, this book challenges the idea that the litigation of the Court is bound to the idea of achieving individual justice and highlights the meaningful impact that NGOs have on certain important sections of the Court's litigation.

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

Winner of the 2022 International Academy of Astronautics (IAA) Social Sciences Book Award Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of 'planetary defence' activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.

The obligations of international trade law hinge upon the question of what constitutes 'like products'. Trade disputes will often involve an examination of whether the products in question are in competition with one another. The most common term used for this test is to ask whether they are 'like products' - that is to ask whether products are sufficiently similar for consumers to see them as substitutable - and thus whether they are subject to the rules of the WTO and GATT. This book seeks to develop consistent principles and an effective definition for this central issue of world trade law.

Examining open EDI, an application of electronic commerce, this volume deals with its relationship with law. Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI also allows for commercial transactions to take place in a fully-automated and highly-organized trading environment. Open EDI permits "ad hoc" open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing this open EDI limits the possibility of using up-front interchange agreements to address legal problems of the interchange. It is therefore necessary to use legal instruments supported by information technology to overcome legal problems. The book advocates the use of possible regulations to address the need of the users to act in such a trading environment uninhibited by basic legal concerns. It concludes that to respond to the challenge of open EDI it is necessary to work towards a new legal framework based on international law and supported by information technology.