Examining the existing legal framework for ocean carbon dioxide removal (CDR), this forward-thinking book highlights potential legal challenges and opportunities associated with using the ocean to remove and store carbon dioxide from the atmosphere. It describes five commonly discussed ocean CDR techniques, including rock-based ocean alkalinity enhancement (OAE), electrochemical OAE, ocean fertilization, artificial upwelling and downwelling, and seaweed cultivation, and explores the legal issues that different techniques could raise. This timely book explores the laws governing ocean CDR research and deployment at the international level and domestically in seven countries across Asia, Europe, and North America. The analysis highlights the complexities and uncertainties associated with applying existing international and domestic law to ocean CDR, providing lawyers and policymakers with invaluable insights into areas where legal reforms are needed to facilitate in-ocean research and deployment. This book is essential reading for lawyers, policymakers, and others interested in advancing innovative climate change solutions. It will also appeal to academic and private sector scientists who are conducting research into ocean CDR.

Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe. Key Features: Contributions from more than 40 insolvency law experts Exploration of ipso facto clauses and procedural issues Consideration of the economic impact of the COVID-19 pandemic Targeted footnote references, including non-English sources, for further reading Rigorous coverage of recent developments and reforms and discussion of the procedural challenges they present Incisive analysis of insolvency law in a broad range of countries, including those with emerging economies and with hybrid systems of law Substantially revised material, including wholly rewritten chapters on Germany and Singapore and a brand new chapter on South Korea Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross-border perspective on the subject as well as academics and researchers in the field. Policy makers and institutions seeking to introduce insolvency law reforms in their home countries can draw from the comparative nature of the book to devise better, more effective reforms.

This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage, and highlights challenging concepts, including the principle of participation and community and the nature of safeguarding. Through the analysis and synthesis of empirical data, the book also identifies new developments in cultural heritage law. This book will be an essential resource for scholars and students of cultural heritage law, as well as anthropology, ethnology, and cultural studies. Its panorama of national experiences will also be beneficial for persons involved in the safeguarding of intangible cultural heritage, including policy makers and NGOs.

This comprehensive book adopts a nuanced yet straightforward approach to analysing the complex phenomenon of international tax competition. Using the ongoing international efforts of the Organisation for Economic Co-operation and Development (OECD) and the European Union (EU) as a basis for its analysis, it explores the mixed effects of tax competition and offers an effective approach that takes account of the asymmetrical global context. Providing a history of the OECD's work on tax competition to date, Chidozie George Chukwudumogu argues against conventional efforts to merely restrict international tax competition, putting forward a wide regulatory approach that is more appropriate and considerate of the inequality of the states involved. The author further explains and simplifies complex terms and principles of international tax policy, demystifies common assumptions about tax competition, and identifies commonalities beyond the often polarizing debates on the topic. The Regulation of Tax Competition will be a crucial resource for academics, researchers and students with an interest in international tax law and policy. Policymakers in both international organisations such as the OECD and EU and in national governments will also benefit from awareness of the arguments explored in this book.

This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights? Expert contributors illustrate the interdependence between these three key issues in an unprecedented way, addressing many of the contemporary criticisms voiced against the human rights system and the reasons for popular skepticism about human rights. In order to interrogate the deficiencies of the UDHR, chapters analyse the following questions: Can and should we keep claiming that human rights are universal? Is their proliferation rendering human rights meaningless? And have human rights become too costly? The book concludes that there is a pressing need for a renewed and lasting commitment to human rights. We cannot afford not to afford human rights. This book will be a valuable resource for academics and students of international relations, the political sciences and comparative legal studies. Covering policy and advocacy issues as well as the evolution of case law regarding particular human rights, it will also be beneficial for policy-makers and human rights practitioners.

This authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law. Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction. It provides clear guidance on and interpretation of the jurisdictional rules on collaboration of authorities and on the recognition and execution of judicial verdicts. Key Features: Provides comprehensive article-by-article analysis Written by leading experts Explains the mechanics of Regulation 2019/1111 to practitioners and legal scholars alike Includes expansive reference to case-law and legal writings, and explains the relation with other EU regulations This meticulous and ambitious Commentary will be an indispensable companion for those involved in and practising family law, particularly in cases with a cross-border element, including judges, lawyers and child protection authorities. It will additionally be valuable for scholars of European family law and private international law.

This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship. An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation, and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors - including NGOs and corporations - in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct. This Handbook will be helpful to advanced undergraduate, graduate, and law students, as well as researchers, practitioners, and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.

In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years' experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists' rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved. Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors. Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.

This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights. Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and/or create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s. This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for advocates, scholars and students interested in international human rights as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights. Contributors include: R. Balakrishnan, J. Bourke-Martignoni, M.V. Bras Gomes, L. Chenwi, J. Chowdhury, A. Corkery, C. de Albuquerque, K. Donald, J. Dugard, S. Gloppen, M. Gomez, J. Heintz, D. Ikawa, V. Krsticevic, C. O'Cinneide, K. Paterson, B. Porter, V. Roaf, I. Saiz, M. Sepulveda, C. Vallejo, F. Veriava, S. Wilson, A.E. Yamin

EU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment. Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework?s five main directives, comparing them with the changes proposed in the EECC. Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.

Building a thorough and comprehensive understanding of the limits of the international rules-based liberal order across a variety of issue areas, this topical book highlights how the discourse and values inherent in these long-established political arrangements are now facing a backlash. Leading scholars examine how, with a greater dispersion of power and heterogeneity of preferences, Europe navigates a system characterized by a growing deadlock in major international institutions and a lack of compliance with international rules on global governance. Chapters analyse the challenges within international organizations and the international order itself, where the global balance of power is shifting towards a multipolar system. Challenges explored include populist-nationalist movements; rising geopolitical tensions; and growing inequality, political polarization and diminishing trust in political institutions. With the pull of global competition and rising power politics, the book identifies the limits to multilateral cooperation and the shortfalls of the traditional state-based liberal order in addressing global problems, finding a need for more diversity in governance structures to deal with increased connectivity and interdependence. Multi-disciplinary in scope, this forward-thinking book will prove vital to students and scholars of international relations, politics, and law, particularly those interested in the contestation and polarization in global governance, European responses to these challenges, and the transformation of the international liberal order.

Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics. Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward. This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues.

This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance. An excellent teaching resource for both undergraduate and postgraduate levels, the key features of this textbook include: ? An interdisciplinary approach to the understanding of the interaction of law and globalisation to provide readers with snapshots of key thematic issues? Four substantive chapters on global governance, actors, sovereignty, and borders and territory to help the reader engage with a diversity of themes and topics, united under broader concepts which are at the heart of understanding what is beyond the Nation State? Two further chapters on trade and data to immerse the reader further into areas of law beyond the State which are important in contemporary times? Highlighted boxes to help identify key information, whilst further reflection points and suggested further reading at the end of each chapter offer context to the topics discussed. With its broad theoretical reach, this textbook will be an invaluable teaching and learning tool for students of law, international relations, politics, political science, governance, and transnational law and governance.

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter. Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars. This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.

Projecting a global interdisciplinary vision, this insightful book develops a peer-to-peer learning methodology to facilitate reconciling religion and human rights, both in multilateral contexts and at the national level. Written by leading human rights practitioners, the book illuminates the tension zones between religion and rights, exploring how the 'faith' elements in both disciplines can create synergies for protecting equal human dignity. Ibrahim Salama and Michael Wiener analyse the place of religion in multilateral practice, including lessons learned from the 'Faith for Rights' framework. Based on the jurisprudence of international human rights mechanisms, the book clarifies ambiguities of human rights law on religion. It also unpacks the potential positive role of non-State actors in the religious sphere, demonstrating that the relationship between religion and human rights is not a zero-sum game. Ultimately, the book empowers actors on both sides of the ideological fence between religion and human rights to deconstruct this artificial, politically instrumentalized dichotomy. This innovative book will be a vital resource for faith-based actors, human rights defenders and policymakers working at the intersection between religion, culture and human rights. With the co-authors' commentary on the #Faith4Rights toolkit, it will also be invaluable for peer-to-peer learning facilitators, scholars and students of human rights law, public international law and religious studies.

Arbitrators, unlike judges, are appointed by parties to resolve their transactional disputes. Because of such contractual appointment, arbitrators gain their authority from the parties, and thus must apply the law chosen by the parties to the dispute before them. However, there are overriding mandatory laws of other jurisdictions, that due to their imperative character may claim application to the dispute. The arbitrator, as a private adjudicator, has a duty to resolve a potential conflict that may arise between the law chosen by the parties and another mandatory law(s) that claims application and is not chosen by the parties. Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the recognition and enforcement of the award respectively. Legal scholars researching the law applicable in international commercial arbitration will find the answers they require within these pages, as will students. It will also prove helpful to practitioners, including arbitrators, judges and attorneys, as they deal with mandatory rules in practice.

This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies - human rights, democracy, and the rule of law - and the investment treaty regime, but also the potential for co-existence and complementarity. Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement. Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

This insightful book analyzes the evolution of the operational tasks and cooperation of the European Border and Coast Guard Agency (FRONTEX), the European Asylum Support Office (EASO) and the European Union Agency for Law Enforcement Cooperation (EUROPOL). Exploring the recent expansion of the legal mandates of these decentralized EU agencies and the activities they undertake in practice, David Fernandez-Rojo offers a critical assessment of the EU migration agencies. The book identifies two key trends in the administration of the European Area of Freedom, Security and Justice. Fernandez-Rojo discusses how on one hand the new legal frameworks of FRONTEX, EASO and EUROPOL stress that their operational roles are limited to providing national authorities with technical assistance, while on the other hand these agencies are increasingly involved in guaranteeing the enforcement of EU migration, asylum and border management measures. The book expertly illustrates how FRONTEX, EASO and EUROPOL establish an effective and uniform national implementation of laws and policies, with a focus on their multilateral cooperation in the hotspots established in the aftermath of the refugee crisis. Examining the de jure and de facto operational powers and cooperation of EU migration agencies, this book will be critical reading for academics and students of law, international relations and political science. Its assessment of the effectiveness of policy implementation will also be beneficial for legal practitioners, policy makers and NGOs.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations. Key features of the second edition include: Discussion of the role of technology in promoting development Analysis of the potential impact of the Covid-19 pandemic on developing countries A brand new chapter investigating the role of health and education in development Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored. It will be essential reading for students, practitioners and policy-makers looking to gain a clear understanding of the core principles of this multifaceted topic.

This enlightening new book unpacks the ascendancy of the European Union as a distinct actor in the field of international sanctions. Offering an innovative model of actorness, Kevin Urbanski establishes a coherent bridge between debates on actorness and mainstream theories of international institutions and European integration. Inspired by James S. Coleman's idea of corporate agency, Urbanski addresses the conceptual gap in scholarship by outlining a deductive, integrative and explanatory model of actorness, arguing that actorness constitutes a distinct mode of collective agency that can be modelled along the lines of corporate action. Urbanski's model of actorness explains the emergence of EU actorness and sheds light on the timing and reasoning behind this for the most commonly used European sanction instruments. Presenting an original and theoretically grounded approach to the problem of actorness, this book will be of critical use to scholars grappling with this problem, especially those working in the field of EU politics. Scholars of international sanctions and EU law, as well as practitioners working in these fields, will also benefit from Urbanski's comprehensive overview of EU restrictive measures and his unique approach to actorness.

Peter van Bergeijk brings together 40 leading experts from all continents to analyze state-of-the-art data covering the sharp increase in (smart) sanctions in the last decade. Original chapters provide detailed analyses on the determinants of sanction success and failure, complemented with innovative research on the impact of sanctions. This timely Research Handbook provides both a thorough discussion of methodology as well as evidence-based policy advice on the efficient application of boycotts, embargoes, and targeted sanctions, including trade, travel and financial sanctions. The use of case studies from Cuba, Iran, North Korea and Russia illustrate developments and demonstrate new methods, including stochastic frontier analysis, comparative quantitative analysis and meta-analysis. Providing crucial information, this Research Handbook will be an excellent resource for academic researchers in international political economy and international relations as well as policy makers within national and global institutions. It will also provide obligatory reading for students also studying within these fields.