This is the first law book entirely devoted to the subject of truth commissions. It sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous investigative or fact finding bodies in several countries, and international standards of procedural fairness established and used by various UN bodies and international NGOs.

This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.

This book deals with the fundamental semantics of images of Europe, which consist of valences, mirror beliefs and affectivities. This is why it relaunches the importance of the European discourse in its symbolic dimension. As such, it explores the many images of Europe, or rather the many images through which European discourse is actually constituted in daily life, in search of their enunciative responsibility in today's world for determining the current "State of the Union". The identity of the European continent is based on a millenary tension between universalism and particularism: images of Europe have in fact been alternately inspired, over the centuries, by a model of homogeneity - Roman and Carolingian imperial disposition - on the one hand, and by a model of fragmentation - a Europe of city-states, municipalities, regions and small fatherlands - on the other. In the European Union, a political and economic organism, this issue has recently been amplified to the point that it has reentered public debate, and political parties that are only recognizable for being Europeanists or anti-Europeanists are now ubiquitous. In this regard, one major bone of contention is how to portray the quintessential aspects of the European territory, which are either interpreted as "thresholds" to be overcome in the name of a model of United Europe - "integral totality" - or are instead regarded as insurmountable obstacles for a Europe that is irreparably and perhaps, according to anti-Europeanists, fortunately fragmented - "partitive totality". Further, this is to be done without excluding the possibility of contradictory and complementary solutions to these binary visions. In this context the book analyzes various texts in order to obtain a more precise picture of the clash, reveal its semiotic forms, and by doing so, identify a way out of the crisis.

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

This text contains articles on issues such as: transnational terrorism; limitations on the power of the UN Security Council to exercise its enforcement powers under Chapter VII of the Charter; on the uniting of States in respect of treaties; and the weighing of evidence in a dual national case at the Iran-United States Claims Tribunal. The documentation section surveys Dutch state practice for the parliamentary year 1994-1995; international agreements to which the Netherlands is a party; Netherlands judicial decisions and municipal legislation involving questions of public international law, and Dutch literature in the field of public international law and related matters. This Yearbook is included in the 1995 subscription to the Netherlands International Law Review (Volume 42).

Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and the furore over the Helms-Burton Act. This book analyses the sources of transatlantic disputes, and the means employed to prevent and settle such disputes both bilaterally and through the multilateral dispute settlement mechanism of the of the WTO, and identifies promising areas for reform.

The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law.

NAFTA has initiated a procedure for addressing transborder economic problems in a more adequate and predictable fashion, potentially encouraging policy convergence between three disparate political cultures. Rather than addressing economic, social and environmental policy issues separately, trade policy now serves as a vehicle for negotiating policy convergence. Consequently trade officials are being forced to deal with an expanded array of domestic policy isues. This text presents a detailed examination of the initial NAFTA experience and evaluates its long-term implications beyond those of ending trade and tarriff barriers. In particular, it examines the cultural implications of this international arrangement. In addition, environmental protection and conservation issues are increasingly at the forefront of the international political agenda. NAFTA's environmental side agreement has created a way of addressing environmental concerns whilke protecting local standards, illustrating the attempt to achieve policy convergence by means of a trade apparatus. NAFTA now represents the continuing tension between integration and the maintenance of national autonomy.

The European Union's (EU) powerful legal framework drives the process of European integration. The Court of Justice (ECJ) has established a uniquely effective supranational legal order, beyond the original wording of the Treaty of Rome and transforming our traditional understanding of international law. This work investigates how these fundamental transformations in the European legal system were received in one of the most important member states, Germany. On the one hand, Germany has been highly supportive of political and economic integration; yet on the other, a fundamental pillar of the post-war German identity was the integrity of its constitutional order. How did a state whose constitution was so essential to its self-understanding subscribe to the constitutional practice of EU law, which challenged precisely this aspect of its identity? How did a country who could not say no to Europe become the member state most reluctant to accept the new power of the ECJ?"

This edited volume explores the fundamental aspects of the dark web, ranging from the technologies that power it, the cryptocurrencies that drive its markets, the criminalities it facilitates to the methods that investigators can employ to master it as a strand of open source intelligence. The book provides readers with detailed theoretical, technical and practical knowledge including the application of legal frameworks. With this it offers crucial insights for practitioners as well as academics into the multidisciplinary nature of dark web investigations for the identification and interception of illegal content and activities addressing both theoretical and practical issues.

Nothing serves to remind us of the instability of the "globalized" order as much as the continuing power of territorial boundaries to spawn political and humanitarian crises. Although it might seem that in this important respect the modern world has made little progress, the work of Gerald Blake continues to prove that peaceful resolution of problems associated with international boundaries can be attained. This festschrift reflects the topics and regional preoccupations of one of the leading researchers in the field. Professor Blake returned to certain topics throughout his long career, especially the Middle East, maritime boundaries, and the relation between borders and demographics. Several of the authors extend his work in such areas as Arctic jurisdiction, environmental issues of transboundary water management, and geographic information systems (GIS). For the growing number of professionals in conflict management, international humanitarian law, the law of the sea, environmental law, and energy law, and for workers in such diverse fields as natural resource management and forced migrations - as well as for specialists in the Middle East, Africa, and South East Asia - these revealing essays should offer a wealth of valuable information and insight.

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.

This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book's easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.

In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book's underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Truth commission recommendations are critical to their legacies, yet there is little research examining their fates. Based on fieldwork that is unprecedented in scope, this double-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression.Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1984 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided or obstructed the implementation process.

This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the demise of "the jewel in the crown," which may even cause the dismantling of the WTO as a whole. This book covers various aspects of the crisis and its reform. Specifically, as the crisis cannot be fully understood without reviewing the role of the AB from the broader perspectives of the other functions of the WTO, the book examines the reform of the AB from the broader perspectives of the WTO governance. Additional focus is on the reform of the AB in relation to its specific functions. Available options are provided to address the AB crisis, as well as discussion of wider implications beyond the WTO. Contributed by world-renowned academics, experts, and practitioners in the field of international economic law, this volume provides a comprehensive analysis of the AB crisis and its solutions.

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

Almost every US water and wastewater utility must comply with US environmental protection regulations covering air emissions, hazardous materials and wastes, toxic substances, and other issues. This useful new book will help you avoid violations of US environmental law. The book addresses the safe handling, disposal, and storage of all regulated substances to be in compliance with the laws. The book tells you* Which environmental laws apply to your utility and when they apply* What the laws say and mean* Which US federal agencies are responsible for enforcement * What is required of your utility to comply with the laws* Which violations are most common with utilities Specially written for water and wastewater utilities, this book explains in clear, understandable language: * Air emissions* Hazardous materials* Hazardous wastes* Pesticides* Petroleum* Solid wastes* Storage tanks* Toxic substances* WastewaterFeatures to help you comply* Compliance Checklists list key compliance requirements of the regulation and recommended best management practices. * Example Activities tell you when the chapter would be applicable to your utility. * Common Regulatory Findings uncover common compliance issues and pitfalls. Includes CD-ROMAn included CD-ROM provides the Compliance Checklists that you can download and print. The CD also includes a printable "Dangerous Goods and Combustible Liquids Storage Compatibility Chart. FREE CHAPTER DOWNLOAD: Ch. 7 Toxic Substances.

This book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts in their respective fields and the chapters highlight each discipline's major trends, debates, methods and approaches to mass atrocity, genocide, and crimes against humanity, as well as their interactions with adjacent disciplines. Case studies illustrate how the respective disciplines work in practice, including examples from the Allied Hunger Blockade, WWII, the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and Uganda. Including bibliographical essays to offer readers crucial orientation when approaching the specialist literature in each case, this edited collection equips readers with what they need to know in order to navigate a complex, and until now, deeply fragmented field. A diverse and interdisciplinary body of research, this book will be indispensable reading for scholars of war crimes.

'This starkly lucid and timely book absorbs the nuances of the largest festival - the elections - of the world's largest democracy. Hailing from a political family, the author conveys his passion and knowledge on the intricacies, as well as the heat and dust of his national fete. All data and events have been methodically examined in this absorbing analytical work which is an indispensable and scholarly book on the Indian elections.'- Thankom Arun, Professor at the University of Essex, UK This book provides a quantitative analysis of eight elections and an insight into voting patterns, detailing the election result for each candidate, for all the constituencies, in every Lok Sabha (the lower house of India's Bicameral-Parliament) general election from 1962 to 2014. The central purpose of this interrogation of data is to give shape to the notion of 'electoral efficiency', or the capacity of a party to convert votes into parliamentary seats. Parliamentary elections in India - and also elections to its state assemblies - are conducted under the First Past the Post (FPTP) system whereby a single representative for each of the 543 constituencies is elected as a Member of the Lok Sabha, on the basis of obtaining the largest number of all the candidates contesting that constituency. In brief, Votes, Parties, and Seats provides an in-depth study of the results of parliamentary general elections in India, and sheds light on why some parties are more efficient than others.

This book is the product of a multiyear dialogue between leading human rights theorists and high-level representatives of international human rights nongovernmental organizations (INGOs) sponsored by the United Nations University, Tokyo, and the City University of Hong Kong. It is divided into three parts that reflect the major ethical challenges discussed at the workshops: the ethical challenges associated with interaction between relatively rich and powerful Northern-based human rights INGOs and recipients of their aid in the South; whether and how to collaborate with governments that place severe restrictions on the activities of human rights INGOs; and the tension between expanding organization mandate to address more fundamental social and economic problems and restricting it for the sake of focusing on more immediate and clearly identifiable violations of civil and political rights. Each section contains contributions from both theorists and practitioners of human rights.