This wholly new edition of the Research Handbook on International Marine Environmental Law provides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment. Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Law is a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.

This incisive book provides an extensive analysis of the robust array of international law applicable across the spectrum of international conflict and security. With a particular focus on new and emerging technologies and domains such as cyber and outer space, Laurie Blank illustrates how international conflict and security law applies to 21st century challenges. From conflict prevention to the use of force, the law of armed conflict to transitional justice, this book offers an in-depth examination of how these legal frameworks address the most fundamental questions for security at the human, national and international levels: how to prevent and reduce escalation of conflict; how to protect States, their territory and their core national interests; how to protect individuals and their rights; how to maintain and restore international peace; how to resolve conflicts; and how to promote justice and reconciliation after conflict. Overall, the book creates a multifaceted and insightful picture of how the international legal system functions as a comprehensive - if still sometimes fractured - framework. International Conflict and Security Law will be essential reading for both graduate and undergraduate students studying security policy, international law, conflict resolution and armed conflict. It will also provide a well-rounded exploration of the field as a whole for policy makers, practitioners and academics.

This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.   Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.   Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.

Across the world, millions of people are taking to the streets demanding urgent action on climate breakdown and other environmental emergencies. Extinction Rebellion, Fridays for Future and Climate Strikes are part of a new lexicon of environmental protest advocating civil disobedience to leverage change. This groundbreaking book -- also a Special Issue of the Journal of Human Rights and the Environment -- critically unveils the legal and political context of this new wave of eco-activisms. It illustrates how the practise of dissent builds on a long tradition of grassroots activism, such as the Anti-Nuclear movement, but brings into focus new participants, such as school children, and new distinctive aesthetic tactics, such as the mass 'die-ins' and 'discobedience' theatrics in public spaces. Expert international authors offer fresh insights into the strategies and goals of these protest movements, the changing vocabulary of environmental activism, such as the 'climate emergency', and the contribution of specific protest actors, particularly youth and Indigenous peoples. They also consider how some governments have responded to these actions with draconian anti-protest legislation, and by using the Covid-19 pandemic as cover to keep protesters off the streets. The scholarly analyses are complemented with first-hand interviews of some leading protagonists, including Extinction Rebellion leaders and Green Party politicians. The result is an unrivalled analysis of the role of new environmental protest movements seeking to drive a new generation of policies and laws for climate action and social justice. This impressive book will prove an important and insightful read for students and scholars interested in environmental law, climate law, and grass roots activism specifically.

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, O. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin

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.

This updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice. With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.

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.

The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration. This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.

This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a 'right of place' is proposed and developed. The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.

This Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world. Key Features: Comparative and thorough analysis of the provisions of the Model Law Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.

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.

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.

Addressing one of the most pressing environmental issues, this topical book carefully inspects the current extent of the plastic pollution crisis and observes contemporary approaches to its regulation. By adopting a strong interdisciplinary approach, the book fully encapsulates the key challenges and solutions surrounding this globally applicable problem. Through critical analysis, this insightful book methodically identifies the faults in existing efforts to tackle the problem of plastic pollution such as often-fragmented regulation tactics, proposing potential approaches to policy reform. It utilises stakeholder analysis to offer a study of key participants such as governments and industries and comprehensively surveys the ongoing nature of this provocative issue. This comprehensive book will be crucial for students and scholars of law, economics, politics, and environmental studies endeavouring to further understand the multi dimensional issue of global plastic pollution. It will additionally be valuable for policy and decision-makers seeking to understand the challenges involved in environmental policy regulation.

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.

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.

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.

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.

Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.

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.

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.

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.

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.