The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserve states' territorial integrity and political independence, often at the expense of other values. For those who impute to the international legal order an inherent purpose to establish a universal justice that transcends the boundaries of territorial communities, the legal prerogatives associated with state sovereignty appear as impediments to the global advance of legality. That view, however, neglects the danger of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. Though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases. Sovereign Equality and Moral Disagreement accomplishes two tasks. One is to construct a unifying account of the manifestations of the principle of sovereign equality in international legal norms governing a range of subject areas, from foundational matters such as the recognition of states and governments to controversial questions such as legal authority for extraterritorial criminal prosecution and armed intervention. The other is to defend the principle as a morally sound response to persistent and profound disagreement within the international community as to the requirements of legitimate and just internal public order.

This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le present ouvrage reunit les contributions de juristes internationaux reconnus en vue d'eclairer les multiples facettes de l'histoire du droit international public. L'ouvrage analyse et questionne les origines et les fondements de l'ordre juridique international. Une attention toute particuliere est dediee a Hugo Grotius l'un des peres fondateurs du droit international. D'autres contributions questionnent egalement la tradition positiviste initiee par Vattel et confortee par la doctrine du 19eme siecle. Cette immersion dans les origines doctrinales du systeme juridique international est enrichie par l'etude de la pratique du droit international public, son evolution ainsi que le role des traditions non-occidentales et l'impact de la colonisation.

"International Politics: A Journal of Transnational Issues and Global Problems" (a Kluwer scholarly quarterly) has, since 1997, published an array of analyses about the world's political metamorphosis. Featuring scholarship that transcends boundaries of states and disciplines, "International Politics" editors and contributors have joined to assemble, from the journal's last few volumes, a far-reaching portrait of actors, identities, norms and institutions that populate a stage once confined to states, power and national interests. Further, interventions to build states, make or keep the peace, impose sanctions or save currencies are examined, as are the institutional enlargements at the forefront of policy in Europe. "Global Society in Transition" offers a variety of policy-relevant scholarship about a world-in-making - not yet detached from Cold War or even Westphalian roots, but certainly in the process of moving towards a qualitatively different global system. Published after rigorous peer review, the chapters in this book should provide comparative politics, international relations and world affairs courses at undergraduate and graduate level with access to contemporary research and innovative thinking in these fields.

The distribution of technology among enterprises and nations lies at the heart of international economic relations, affecting trade, investment, finance and economic policies, and is affected in turn by the political relations between nations. The need for effective transfer of technology to developing countries has acquired renewed urgency in recent years as production becomes increasingly knowledge-intensive and competition is determined more and more by the ability of enterprises to learn, to acquire and use knowledge, and to innovate. Access to knowledge has become key to economic success in the marketplace. This text discusses the background, objectives, approaches and progress achieved in the decade-long negotiations on an International Code of Conduct on the Transfer of Technology which took place under the aegis of UNCTAD. It examines the impact and continued relevance of the Code negotiations to subsequent policy and legislative instruments on international technology transfer, both at domestic and international levels, and identifies and examine emerging trends and negotiating agendas that will help to shape the future of international technological co-operation. The central question posed by the initiators of the Draft Code of Conduct is still relevant today - how can we facilitate a just and mutually beneficial system of technology flow in a world of rapid change and increasing gaps in the technological capability of developed and developing countries? The need for marginalized countries to access knowledge in order to learn, adjust and integrate effectively into the world economic system must be balanced with the vital need to reward inventors and innovators to ensure the continued generation of knowledge. It is these issues that will continue to dominate any future discussion on the international transfer of technology. This book will be a valuable work of reference on the evolution of international technological cooperation in the last quarter of the 20th century, as well as a useful guide to policymakers, scholars and international negotiators dealing with these and related issues of international economic cooperation.

"Jus cogens" has become one of the most frequently used arguments in international law. Some authors ride roughshod over the traditional regimes, claiming that the effectiveness of "jus cogens" or obligations "erga omnes" must be the paramount consideration in any conceivable instances, even concerning their indirect repercussions. This book, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct. It will thus contribute to clarifying the true meaning of "jus cogens" and other similar concepts not only for the sake of academic determinacy, but also for such practical purposes as jurisdictional immunities.

"This book offers the ideal way for foreign lawyers, business executives, accountants, and professional advisors, to get a solid understanding of Dutch corporate law. This book represents a unique publication in the English language, and an indispensable tool for anybody who is involved in corporate matters in the Netherlands. Many international companies are or use Dutch holding companies. Therefore, the book addresses a wide audience. The book incorporates recent substantial changes in corporate law in the Netherlands."

This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights - the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.

This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as "modern" or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the "Other" and the legitimation of military interventions. All these subjects include Vitoria's contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria's texts, in the context of "modern" problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria's reflections for contemporary issues of international law.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fsil.fi/fybil

This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at "The Space Treaties at Crossroads: Considerations de lege ferenda," held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University

Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Does that body of law apply to private security contractors who use torture to achieve their goals? Does the right to freedom of speech apply in a private shopping mall which has become the modern-day town centre? Under traditional approaches to human rights, non-State actors are beyond the direct reach of international human rights law. They cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. The result is that entities including Non-Governmental Organizations, international organizations such as the UN and the IMF, private security contractors, and transnational corporations, along with many others, are generally considered not to be bound directly by human rights law. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. As privatization, outsourcing, and downsizing place ever more public or governmental functions into the hands of private actors, the human rights regime must adapt if it is to maintain its relevance. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.

This first volume of EtYIL focuses on issues concerning the developing world in general and (the Horn of) Africa - and Ethiopia - specifically. It argues that rebalancing the international law narrative to reflect Africa's legitimate interests is an urgent priority, and can only succeed through the fair representation of African countries in the creation and interpretation of international law.The book begins by reflecting on the ICJ's West African Cases and provides a unique perspective on decolonisation as a source of jus cogens and obligations erga omnes. This is followed by a comprehensive analysis of the reception of international law in the Ethiopian legal system, and of the potential implications of Ethiopia joining the WTO. The book then delves into such topical issues as the relationship between competition for natural resources and international investment law, the UN Global Goals and the fledgling international climate change regime, with particular emphasis on the Paris Climate Agreement and their implications for developing countries. Further issues include the Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial treaties and contemporary international watercourses law, as well as selected legal implications of the armed conflict in South Sudan. Gathering high-quality scholarship from diverse researchers, and examining a constellation of critical international law issues affecting developing countries, especially African countries, the book offers a unique resource.

This book examines the intersection of WTO trade liberalisation rules and domestic health protection, a subject that is of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. In analysing the tension between health protection and trade liberalisation, the book focuses on the way in which this tension is (or is not) resolved through the dispute resolution process. It offers a detailed analysis of the relevant WTO rules and case law, identifying particular concerns relating to the ability of WTO Members to take protective action in circumstances of scientific uncertainty and the role of social and cultural factors in the making of health-related regulations. The nature of scientific evidence and the extent to which the scientific process internalises uncertainty is further explored, drawing on documentation relating to the theory and conduct of scientific risk assessment. Despite the popularity of the precautionary principle in some quarters, it is suggested that it may not be advisable for the WTO to adopt that principle. Rather, further attention should be paid to the role that the standard of review might play in easing the tensions that arise when a sovereign state's health regulations are reviewed by the WTO. The origins of the WTO's 'objective assessment' standard of review are explained, but the standard itself is criticised. Options for developing the standard of review are considered, with a 'reasonable regulator' standard based on the Asbestos case proposed. The book takes a comparative approach, drawing on ECJ cases reviewing Member State and Community health measures as well as US judicial review and commerce clause cases.

The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.

Although it has been ranked the fourth largest destination for foreign direct investment (FDI) in the world, Brazil has not enacted specific legislation to promote or protect FDI. Nor are there any investment treaties in force, so Brazilian companies investing abroad act without international legal protection. Considering the country's widely acclaimed "arrival" into the small family of the world's major trading nations, the question of Brazil's entry in the international FDI system - not only as an incentive to the inflow of foreign investment, but also to protect the investments of its national companies abroad - has become a hotly debated issue. This timely book, with its incisive reports on all important aspects of the matter, tackle this subject with prodigious knowledge and insight. With detailed analysis of investment-related legislation, including different legal and regulatory models, as well the examination of peculiarities of highly specialized industries present in Brazil, the authors cover such aspects as the following: investment in infrastructure, social areas such as education and health, commodities, and the oil and gas sector; to what extent expropriation under Brazilian law resembles the international standard of protection; political implications of Brazil's FDI stance with regard to the balance of interest within the Latin American region; foreign investment in light of the principle of national treatment; enforceability of arbitration agreements vis-a-vis the state, state entities, and state-owned companies; conflicts of jurisdiction between state courts and arbitral tribunals; arbitration involving companies in liquidation and reorganization proceedings; public - partnership contracts; and investment-related aspects of human rights and intellectual property rights.

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose. Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book. Contributors include: F. Amtenbrink, M. Avbelj, M. Bobek, S. Blockmans, A.B. Capik, T. Capeta, M. Claes, D. Curtin, A. Cygan, B. de Witte, M. Everson, K. Gutman, M. Hillebrandt, S.L. Kaleda, M. Kuijer, A. Lazowski, J. Mendes, A. Sikora, K. van Duin, E. Vos

This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.

As international political and economic relations have become increasingly complex, so have the pressures on international boundaries and the borderlands which surround them. Although there are still many examples of "traditional" boundary problems associated with disputes between states concerning control over territory and maritime space, the papers in this volume demonstrate the vulnerability of borderlands to other forces, most notably illegal immigration and cross-border crime. This study aims to investigate the causes and implications of borderland stress. The first section explores changing concepts of sovereignty and their impact on the meaning and functions of international boundaries. The contributions in the second and third sections offer a combination of regional appraisals and individual case studies highlighting the range of problems affecting borderlands around the world, together with an assessment of some of the initiatives launched in response to those problems. While many of the conclusions drawn are rather sobering, it is clear that in some parts of the world new and imaginative approaches to territorial organization and management are helping to create safer, more dynamic and more prosperous borderlands. The papers in this volume represent the proceedings of the fifth International Conference of the International Boundaries Research Unit, held at the University of Durham on 15-17 July 1998.

The book examines the phenomenon of crafting transnational policing. By this term is meant the different forms of engagement in policing reform by international donors, national governments, foreign police and law enforcement agencies in the domestic policing agencies and programs of recipient countries. It includes, inter alia, peace-keeping in post-conflict situations, reconstruction and capacity-building as part of nation- or state-building exercises, and the provision of technical assistance in relation to certain aspects of law enforcement. In each instance, there is a cross-border provision of resources with a view to shaping the kind of policing provided in recipient nations. Why do some countries engage in these activities? Why has policing become a preferred form of foreign policy engagement in some countries? What forms of policing development are provided? How are they delivered? And how are they received? How should these kinds of assistance and/or interventions be conducted in future? In this regard, is there a non-negotiable 'core' of good policing that needs to be developed and nurtured as an integral part of all defensible transnational policing engagements? These are some of the questions raised by the contributions to this book. The book arises primarily from papers presented at a workshop held in Onati, Spain in July 2004 on the emergence of a global constabulary ethic. The book has also been supplemented by two solicited chapters.

EtYIL 2018 comes at a time when multilateralism and its underpinning norms of international law and institutions are under siege. At the same time, in 2018, Africa stood out for upholding multilateralism and international law. From the adoption of the Agreement establishing the African Continental Free Trade Area to the signing of peace agreements that brought to an end two decades of hostilities between Eritrea and Ethiopia, 2018 was indeed a remarkable year for international law in Africa. EtYIL 2018 covers some of these issues, including the Eritrea-Ethiopia Claims Commission decisions on jus ad bellum, jus in bello, evidentiary and procedural matters and the role of arbitration in upholding the international rule of law. Such new developments as the lifting of UN sanctions against Eritrea and the agreements signed between Eritrea and Ethiopia are also covered in this volume. The volume further devotes considerable attention to other legal issues including: the use and misuse of European patent law to the detriment of developing countries' interests, sharing transboundary resources, production sharing agreements on extractives , evolving rules governing economic relations between Africa and the European Union in the context of Brexit, contract-farming in the African cocoa and chocolate industry, the International Criminal Court and human rights law, and cyber-attacks and the role of international law in tackling them. These chapters, authored by experts from Africa, Asia, Europe and North America not only bring new and diverse voices to the international law discourse; they also contribute to EtYIL's overarching goal of contributing to the effort to rebalance the narrative of international law.

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux preparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.