International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.

How does moral change happen? What leads to the overthrow or gradual transformation of moral beliefs, ideals, and values? Change is one of the most striking features of morality, yet it is poorly understood. In this book, Cecilie Eriksen provides an illuminating map of the dynamics, structure, and normativity of moral change. Through eight narratives inspired by the legal domain and in dialogue with modern moral philosophy, Eriksen discusses moral bias, conflict, progress, and revolutions. She develops a context-sensitive understanding of ethics and shows how we can harvest a knowledge of the past that will enable us to build a better future.

This volume discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment.

Refugees and migration are not a new story in the history of humankind, but in the last few years, against a backdrop of huge numbers of migrants, especially from war-torn countries, they have again been a topic of intensive and contentious discussion in politics, the media and scientific publications. Two United Nations framework declarations on the sustainable development goals and on refugees and migrants adopted in 2016 have prompted the editors - who have a background in international criminology - to invite 60 contributors from different countries to contribute their expertise on civic education aspects of the refugee and migrant crisis in the Global North and South. Comprising 35 articles, this book presents an overview of the interdisciplinary issues involved in irregular migration around the world. It is intended for educationists, educators, diplomats, those working in mass media, decision-makers, criminologists and other specialists faced with questions involving refugees and migrants as well as those interested in improving the prospects of orderly, safe, regular and responsible migration in the context of promoting peaceful and inclusive societies for sustainable development. Rather than a timeline for migration policies based on "now", with states focusing on "stopping migration now", "sending back migrants now" or "bringing in technicians or low-skilled migrant workers now", there should be a long-term strategy for multicultural integration and economic assimilation. This book, prefaced by Francois Crepeau, the United Nations Special Rapporteur on the human rights of migrants, and William Lacy Swing, Director-General of the International Organization for Migration, addresses the question of the rights and responsibilities involved in migration from the academic and practical perspectives of experts in the field of social sciences and welfare, and charts the way forward to 2030 and beyond, and also beyond the paradigm of political correctness.

Key to the growth of aviation are the global, high levels of safety and security exercised by all stakeholders. However, as the aviation industry becomes more reliant on technology, which is increasingly becoming more interconnected, sophisticated and automated, the number of vulnerabilities is increasing, and this is impacting safety and security. This is because cyberattacks are becoming more prevalent, with the potential to cause accidents and incidents. Cybersecurity in aviation is becoming a serious issue that all aviation stakeholders must consider in order to protect contractual partners, third parties and themselves. In order to increase cybersecurity, regulators at all levels are beginning to react to the threat of cyberattacks. This book addresses the question whether the current regulatory approach in the European Union is appropriate for international civil air transportation. Based on a critical analysis of EU aviation law, as well as related international law, with particular emphasis on cybersecurity as a transversal topic, it will be argued that the current legal status quo is not appropriate and needs to be changed.

Since the Electronic Communications Regulatory Framework of 2002 introduced competition law principles and methodologies into the regulatory regime, the so-called Article 7 procedure has (in the opinion of many) become no less than an impenetrable labyrinth. National regulatory authorities are obliged to analyse markets to identify undertakings which enjoy 'significant market power' - a regime which has fostered troublesome and unresolved divergence between regulators and competition authorities and left both practitioners and academics in a particularly undefined sphere of interpretation and action.

This edited volume presents comparative research on how the courts in Southeast Europe apply international law. After the introductory Part I, Part II discusses specific areas of international law, notably the law of Association Agreements between the EU and third countries, the law of the World Trade Organization, and international environmental law (the Aarhus Convention). Part III consists of country reports on how national courts in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia are currently applying international law.

The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces. International organizations, non-governmental organizations, and business corporations are increasingly doing the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyzes and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and it identifies implications for future international regulation. The book also addresses the crucial questions of whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law. (Series: Studies in International Law - Vol. 38)

This book examines two types of transnational money laundering: the use of offshores and wire transfers to "invest" in real estate; and agribusiness, a nebulous activity that is difficult to regulate. The author also examines current international mechanisms to combat money-laundering; whether these efforts have been successful or unsuccessful; and whether multilateral instruments are an effective tool in the war against international organized crime. As national borders have opened and trade barriers have fallen, transnational crime has grown at unprecedented levels. The current situation, better revealed by the so-called "Panama Papers," is a result of a lack of local cooperation in the investigations, prosecution, and/or extradition of criminals. Governments profit from ill-gotten wealth hosting international criminal enterprises in their own territories, thus providing a fertile ground for illicit practices, closing their eyes to the nexus among false or inappropriate identification, fraudulent records, corruption, and money laundering. If these types of transnational money-laundering are allowed to remain as they are currently treated, the shift in the financial paradigm, from centralized and regulated to decentralized and "unregulated," would allow for the continuation of some of the most dangerous criminal activity. In this timely book, the author presents arguments that by "following the money," capital movements involved in transnational money laundering through real estate and agribusiness can be examined, revealed, and understood.

This book is based on the findings, conclusions and recommendations of the Global Space Governance study commissioned by the 2014 Montreal Declaration that called upon civil society, academics, governments, the private sector, and other stakeholders to undertake an international interdisciplinary study. The study took three years to complete. It examines the drivers of space regulations and standards, key regulatory problems, and especially addresses possible improvements in global space governance. The world's leading experts led the drafting of chapters, with input from academics and knowledgeable professionals in the public and private sectors, intergovernmental organizations, and nongovernmental organizations from all the regions of the world with over 80 total participants. This book and areas identified for priority action are to be presented to the UN Committee on the Peaceful Uses of Outer Space and it is hoped will be considered directly or indirectly at the UNISPACE+50 event in Vienna, Austria, in 2018. The report, a collective work of all the contributors, includes objective analysis and frank statements expressed without pressure of political, national, and occupational concerns or interest. It is peer-reviewed and carefully edited to ensure its accuracy, preciseness, and readability. It is expected that the study and derivative recommendations will form the basis for deliberations and decisions at international conferences and meetings around the world on the theme of global space governance. This will hopefully include future discussion at the UN Committee on the Peaceful Uses of Outer Space.

The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.

This book gathers the general contributions to the 3rd Thematic Congress of the International Academy of Comparative Law, which took place from 16 to 18 November 2016 in Montevideo, Uruguay. The main topic of the Congress was the enforcement and effectiveness of the law as a particularly relevant concern in today's society, in which the expressions of law have multiplied and legal pluralism seems to have reached its peak. The book addresses the enforcement of constitutional rights in national and supranational contexts, as well as the effectiveness of international dispute settlement. Further, it examines in detail the relations between the enforcement and effectiveness of criminal law, contract law and family law. Ce livre rassemble les contributions generales du 3eme Congres thematique de l'Academie internationale de droit compare, qui s'est deroule du 16 au 18 novembre 2016 a Montevideo en Uruguay. Le sujet principal du Congres etait la mise en oeuvre et l'effectivite du droit qui constituent une preoccupation particulierement pertinente dans la societe contemporaine ou les expressions du droit se sont multipliees et ou le pluralisme juridique semble avoir atteint son apogee. Le livre traite de la mise en oeuvre des droits constitutionnels dans des contextes nationaux et supranationaux ainsi que de l'efficacite du reglement des differends internationaux. En outre, il examine en detail les relations entre l'application et l'efficacite du droit penal, du droit des contrats et du droit de la famille.

This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums - including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders' rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

This volume traces the evolution of the field of law and economics from its European roots to its neoclassical "Chicagoan" period to its current identity as a more fluid, transatlantic discipline. Paying special attention to the work of German economist Juergen Backhaus, who was instrumental in the reintroduction of the European perspective to the field, this book analyzes this gradual shift in the law and economics debate and provides a state-of-the-art of the literature currently being produced by the field's most active scholars. Beginning with a discussion of the history of the field and Backhaus' role in its development, the volume provides a survey of issues central to the current debate such as legal processes in both Europe and the U.S., constitutional political economy, regulatory law, and the ongoing evolution of the European Union. The importance of this volume is two-fold, as it firmly grounds the discipline in history while establishing a future research agenda. This book will be of use to researchers studying law and economics as well as those interested in institutional analysis.

This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.

Arbitration has been promoted as the future of tax dispute resolution in recent years in line with the increase in complexity of international tax law. This authoritative book presents existing legal rules on the matter, provides a review of the arguments in favour of tax arbitration, discusses the practical and legal challenges for its wide-spread adoption and compatibility with existing domestic and international norms. It also answers key questions for the practical implementation of a modern tax arbitration system. Key Features: Comprehensive analysis of the existing tax treaty framework and their application to MAP and arbitration Up-to-date guidance on the best practices in alternative dispute resolution to ensure effective and efficient dispute resolution Original insights from dispute resolution mechanisms found in non-tax areas such as trade and investment law In-depth discussion of primary and secondary EU law rules on tax dispute resolution, including implications of EU general principles, fundamental rights and internal market rules Identifying some of the new issues in tax arbitration and offering views on how to tackle them in the most appropriate way, this book will be a key resource for tax law practitioners looking for the latest insights on how to navigate the legal framework for alternative tax dispute resolution. Students and academics focusing on commercial and tax law will also benefit from this detailed guide.

This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years' rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no "one size fits all" mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punishegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia's legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa.

This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention's rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner's point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.

Under globalization, the resolution of commercial disputes across national borders is assuming ever greater importance. This study explores a range of possible approaches, both within the established legal infrastructure, and through alternatives, not only arbitration, but also non-confrontational means such as negotiation and mediation/conciliation. The Japanese experience in dispute processing is taken as a means of exploring the ways in which international harmonization efforts such as the UNCITRAL Model Law impact on individual nations. As an Asian nation which has adopted and adapted a variety of Western practices under modernization and democratization, Japan is in a unique position to offer a balanced global example - a model for a more comprehensive approach to disputes as an integrated multi-layered system. The book should be of interest to the scholar and practitioner of trans-national/cultural commercial dispute processing as well as those who are involved in the law reform technical co-operation.