This authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama's ideals that the agreement would be progressive and comprehensive and the substance of the trade deal. Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade. This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.

’Anyone interested in the future of autocracy should buy it’ Anne Applebaum, author of Twilight of Demoracy **Shortlisted for the Moore Prize for Human Rights Literature** A devastating account of China’s genocide of the Uyghurs, by a leading Uyghur activist and Time #100 nominee Nury Turkel was born in a ‘re-education’ camp in China at the height of the Cultural Revolution. He spent the first several months of his life in captivity with his mother, who was beaten and starved while pregnant with him, whilst his father served a penal sentence in an agricultural labour camp. Following this traumatic start – and not without a heavy dose of good fortune – he was later able to travel to the US for his undergraduate studies in 1995 and was granted asylum in the country in 1998 where, as a lawyer, he is now a tireless and renowned activist for the plight of his people. Part memoir, part call-to-action, No Escape will be the first major book to tell the story of the Chinese government’s terrible oppression of the Uyghur people from the inside, detailing the labour camps, ethnic and religious oppression, forced sterilisation of women and the surveillance tech that have made Xinjiang – in the words of one Uyghur who managed to flee – ‘a police surveillance state unlike any the world has ever known’.

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts. Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.

This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law. Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analysing the most important and recent developments in EU disability law, the chapters in this Research Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The chapters highlight the connections, overlaps and inconsistencies which exist across those strands. This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law.

In an era where services play an increasingly vital role in servicified global value chains, this insightful book provides a comprehensive study of legal aspects of rules of origin for services and their importance in international trade. The author identifies and examines the defects in the current approach to rules of origin for services through an astute analysis of these rules in the General Agreement on Trade in Services and in preferential trade agreements. In addition, by asserting that trade in goods and trade in services cannot be separated, the author provides a comparative analysis of rules of origin in these two fields, offering a better understanding of their boundaries and connections. Paving the way for further development, the author concludes that certain aspects of rules of origin for goods, such as the product-based approach, may be repurposed for services. Addressing an area of rule making insufficiently explored to date, this book will prove important reading for students and scholars of international trade, economics, and governance. The focus on new patterns of international trade will also benefit trade experts, policy makers and businesses.

Bringing together scholars from a wide range of disciplines, this fascinating and timely Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s). This Research Handbook documents the history of adoption legislation and offers comparative perspectives on the implementation of full adoption in England and Wales, in contrast to the use of simple adoption in other European countries. Chapters examine the challenges facing adoption law; from adoption without parental consent and anonymous birth, to transracial and intercountry adoption, as well as discussing the human rights of the child during and after the adoption process. Providing an abundance of global research on all aspects of the topic of adoption, Nigel Lowe and Claire Fenton-Glynn offer a comprehensive guide to the past, present, and future of adoption law. The Research Handbook of Adoption Law will be an indispensable resource for students and researchers of family law and social work, as well as human rights lawyers, legal practitioners in the field of adoption, and social workers worldwide.

Combining the knowledge and experience of leading international researchers, practitioners and policy consultants, Knowledge for Peace discusses how we identify, claim and contest the knowledge we have in relation to designing and analysing peacebuilding and transitional justice programmes. Exploring how knowledge in the field is produced, and by whom, the book examines the research-policy-practice nexus, both empirically and conceptually, as an important part of the politics of knowledge production. This unique book centres around two core themes: that processes of producing knowledge are imbued with knowledge politics, and that research-policy-practice interaction characterises the politics of knowledge and transitional justice. Investigating the realities of, and suggested improvements for, knowledge production and policy making processes as well as research partnerships, this book demonstrates that knowledge is contingent, subjective and shaped by relationships of power, affecting what is even imagined to be possible in research, policy and practice. Providing empirical insights into previously under-researched case studies, this thought-provoking book will be an illuminating read for scholars and students of transitional justice, peacebuilding, politics and sociology.

This significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures. A range of expert contributors are brought together to assess the current state of climate change law and policy at the city level, featuring analysis of key legal instruments that can help urban societies adapt to, and cope with, the changing climate. Chapters contain comparative assessments of urban climate change policies in cities across the world, in both developed and developing countries, including Ghana, South Africa, Indonesia, the Netherlands and the US. Additionally, the book analyses legal approaches, relying on planning law and other legal instruments in the hands of city governments, which can aid in combating specific problems such as the urban heat island effect. Providing an up-to-date analysis of climate change adaptation and mitigation law at the level of cities, Urban Climate Resilience will be a key resource for academics and students of environmental law, public international law, urban planning and sustainability. The lessons for future policies and laws to create more climate resilient cities will also be useful for local policymakers, regulators and city government officials working on climate change at the local level.

Capturing the core challenges faced by the international tax regime, this timely Research Handbook assesses the impacts of these challenges on a range of stakeholders, evaluating various paths to reform at a time when international tax policy is a topic high on politicians’ agendas.   Expert international contributors present an array of perspectives and approaches to research in the field, but all consider the necessity of fundamental reforms. The Research Handbook offers a reappraisal of the foundations and core concepts of the international tax regime, highlighting the need to adjust nineteenth and twentieth century solutions to the challenges of the twenty-first century. Chapters look at the challenges of embracing globalization, the interdependence of world economics, the ensuing impossibility of truly unilateral international tax policy, and the need to accommodate the expanding cast of players on the political map.   With a variety of paths to reform suggested throughout, this Research Handbook will prove an invigorating read for law scholars working on taxation law as well as practitioners and policy makers seeking ways to improve, or navigate, the current state of affairs with international tax law.

As numerous jurisdictions implement emissions mitigation mechanisms that put a price on carbon, this incisive book explores the emerging emissions markets and their diverse and fragmented nature. It proposes an innovative model for connecting such markets, offering a significantly more successful and expeditious achievement of climate policy objectives. Justin D. Macinante proposes distributed ledger technology to foster fluid markets that price carbon emissions more effectively, achieve greater scale and efficiency, and are less susceptible to manipulation. He investigates the applicable regulatory frameworks, technology design issues and governance structures for the model proposed for networking emissions trading schemes within the context of the Paris Agreement. Providing a plausible and viable mechanism to achieve desired policy outcomes with economic, political and environmental benefits, Effective Global Carbon Markets will be a key resource for practitioners, policy makers and consultants alike, as well as being of value to scholars and students engaged with environmental and energy law, climate change and environmental economics.

In seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings? Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation. The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.

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 Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law. Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.

Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region. Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.

Providing an intellectual biography of the challenging concept of genocide from inception to present day, this topical Handbook takes an interdisciplinary approach to shed new light on the events, processes, and legacies in the field. Reaching beyond the traditional study of canonical genocides and related pathologies of behaviour, this Handbook strives to spell out the multiple dimensions of genocide studies as an academic realm. In doing so, it incorporates a vast range of methods and disciplines, including historiography, archival research, listening to testimony, philosophical inquiry, film studies, and art criticism. Contributors address a broad array of episodes, including genocides of indigenous populations in the Americas and Africa, the Armenian genocide, the Holocaust, twentieth century genocides in Indonesia, Cambodia, Rwanda, Bosnia, and twenty-first century genocides in Iraq, Myanmar, and China. By developing a cross-disciplinary framework, this Handbook showcases the diversity that comprises the field and creates a rich understanding of the origin, effects, and legacy of genocide. With a wide variety of perspectives, this Handbook will prove an invigorating read for students and scholars of international and human rights, public policy, and political geography and geopolitics, particularly those interested in genocide studies and the UN Genocide Convention.

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights 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. Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law. Key features include: uses analysis of current issues to offer a genuinely advanced perspective use of theory for evaluating methods and approaches in comparative law a comprehensive treatment of the main themes and approaches in comparative law discussions. This insightful Advanced Introduction will be an excellent resource for both law students and scholars alike. It will also be a useful guide for those working in international law, as well as law clerks and legal advisors. Professor Emeritus, Kent Law School, UK

Building a thorough and comprehensive understanding of the limits of transitional justice theory, this innovative book proposes a new concept of the transitional justice citizen. Throughout the book, Briony Jones addresses contemporary criticism of transitional justice theory and practice in order to improve our understanding of the agency of people at times of transition. Drawing on three diverse case studies from across the globe, chapters demonstrate how the transitional justice citizen is defined by transitional justice discourse, policy and practice, and through acts of claiming justice such as protests and political violence. Combining in-depth theorization with empirical insights, this perceptive book positions the concept of citizenship within the context of long-term historical political struggle and the contemporary importance of justice. Investigating the current debates and key research gaps in the field of transitional justice, this book will be vital reading for students and scholars of transitional justice, including those focusing on peacebuilding, citizenship, democratization, and political geography. It will also be beneficial for transitional justice practitioners who wish to reflect on their practice and compare their work with other case studies.

Presenting a thorough examination of intelligence activities in international law, Sophie Duroy provides theoretical and empirical justifications to support the cutting-edge claim that states’ compliance with international law in intelligence matters serves their national security interests. This book theorises the regulation of intelligence activities under international law, identifying three layers of regulation: a clear legal framework governing intelligence activities (legality); a capacity to enforce state responsibility (accountability); and the integration of legality and accountability into responsive regulation by the international legal order (compliance). The empirical relevance of these three layers of regulation is demonstrated through in-depth case studies of state responsibility in the CIA-led war on terror and an analysis of the accountability of Djibouti, the Gambia, Poland, the United Kingdom, and the United States for conduct in the CIA-led war on terror. Overall, the author shows that the most reliable path to long-term national security is the effective regulation of intelligence activities under international law. Making an original contribution to existing theories of compliance and regulation, as well as the law of state responsibility and its enforcement, this book will be essential for students and scholars of public international law, human rights, intelligence and security studies, and international relations. It will also be a valuable resource for practitioners of international law with an interest in intelligence, state responsibility, and terrorism and security law.

This innovative Research Handbook explores judicial, scholarly, and theoretical approaches to general principles in the EU legal order against the backdrop of considerable uncertainty about the concept. It does so by analysing both a diverse range of general principles in discrete areas of EU law ('zooming in') and external, wider perspectives on the notion of a general principle of law from international law, comparative law, and legal theory ('zooming out'). Rather than arguing for a single closed definition of what a general principle of law in the EU legal order must look like, this Research Handbook identifies conceptual, theoretical, and legal parameters within which the doctrine of general principles can be meaningfully discussed and contested in EU law. The different analytical layers built into this Research Handbook shed light on whether general principles are defined by the different contexts in which they apply; whether general principles are in practice leading to more coherence between different areas of EU law; and what challenges they create for the EU legal order. Chapters thus contribute to a more refined methodological and doctrinal understanding of general principles in the EU legal order. Opening up new spaces to critically reflect on the concept, role, significance, and limitations of general principles, the Research Handbook on General Principles in EU Law will be a key resource for scholars and students of European law, politics, and theory of integration and internationalisation.

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 timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity.   Chapters written by international experts cover a broad range of topics including humanitarianism, transitional justice, economic rights, academic freedom, women's rights, environmental justice, and business responsibility for human rights. The book highlights the importance of contemporary research agendas for human rights being centred on questions of governance and fulfilment, shifting responsibilities, rights interdependence and global inequality.   This is a critical read for students and scholars of human rights law, politics and international relations. The strong forward-looking agenda and coverage of a large number of fields within human rights studies will be helpful for advanced students looking for new areas of study for research projects.

In this thoroughly revised third edition of what has become the standard work on information exchange in tax matters, Xavier Oberson provides an authoritative overview of the instruments and models used to exchange information on an international level. Addressing the latest developments in the movement towards increased global transparency in tax matters, this updated edition also includes new rules of information exchanges and reporting on digital platforms, crypto assets and crypto currencies. Key Features: Analysis of the OECD common reporting standard of automatic exchange of information Discussion on a range of international instruments and models including: double taxation treaties, TIEAs, the OECD multinational convention, European Directives, FATCA and the Swiss Rubik model Examination of the new rules for information reporting to digital platforms and new reporting obligations for crypto assets and e-money of the OECD Base Erosion and Profit Shifting (BEPS) Program Lawyers, tax specialists and professionals in banking and finance looking to further their knowledge and gain insights into new developments in digital platforms and crypto currencies will find this book to be an invaluable reference. Students and academics in law, tax and economics will appreciate the clear overview and find this an essential resource.

Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, ''International Air Pollution'' - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address. Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.

This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn. Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike. Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science.