This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

This book is based on presentations from the Conference ‘Arctic Marine Resource Governance’ held in Reykjavik Iceland in October 2015. The book is divided into four main themes: 1. Global management and institutions for Arctic marine resources 2. Resource stewards and users: local and indigenous co-management 3. Governance gaps in Arctic marine resource management and 4. Multi-scale, ecosystem-based, Arctic marine resource management’. The ecosystem changes underway in the Arctic region are expected to have significant impacts on living resources in both the short and long run, and current actions and policies adopted over such resource governance will have serious and ultimately irreversible consequences in the near and long terms.

One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation.

In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products - specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.

Generating waste is a human condition. There is, however, very little real knowledge about this important issue, as the mishandling of wastes threatens lives and the environment. Therefore, I strongly recommend Professor Gillespie's book, as it is an in-depth, extremely competent holistic overview of waste which covers both its management, and its economic impact. The language is accessible to all interested in these issues, and the book gives a unique insight into waste policy, with great attention to detail that showcases Gillespie's vast knowledge in all environmental matters.' - Malgosia Fitzmaurice, Queen Mary University of London, UK'Nature knows no waste, only humans do. The modern industrial world seems to have forgotten that natural and human systems are inextricably linked. Waste has been externalized causing huge environmental, economic and social costs. This book aims for reversing the trend. Taking a comparative and contextual perspective, Gillespie shows how smart policies can lead to minimizing waste and to creating material flows consistent with ecological flows. An important book, rich in detail, very accessible and with a powerful message.' - Klaus Bosselmann, University of Auckland, New Zealand From human waste to nuclear waste, the question of how we must manage what we no longer want, in terms of either recycling or disposal, is one of the most pressing issues in environmental law. Alexander Gillespie addresses the gaps in previous literature by incorporating economics, philosophy and the ideal of sustainable development in order to provide context to the surrounding legal and policy considerations for the management of waste. The book's premise is that all forms of waste are expanding exponentially, and are often of a hazardous nature. The author examines the size of the problem, considers how it is evolving, and assesses the legal and political implications. He then shows that existing solutions to reducing consumption and recycling are limited, and concludes by discussing potential ways forward. Students and scholars with an interest in environmental law at the national, regional and international level will find this book to be of use. The book will also be of interest to practitioners looking to solve the issues surrounding waste and recycling.

This timely book demonstrates how full account can be taken of the structure and method of private international law in its expanding relationship with cultural heritage law, identifying opportunities for keeping pace with the underpinning value judgments. Through a global lens, Roodt explores how value-rationality and mutuality can defeat the dogmatic underpinnings of conflicts and jurisdiction rules that frustrate the achievement of global solidarity in public policy decisions and the treatment of foreign public law. The satisfactory settlement of claims based on ownership and the restitution of art and cultural objects requires improvements in the approaches and methods of dispute resolution that prevail today. The author reveals hidden dimensions of private international law, which can help re-script these approaches and methods to better tailor them to the illicit trade in cultural objects, title laundering, the suppression of policy considerations and ethical concerns that support the restitution of Nazi spoliated art. International officials and policymakers will find this a unique and ethically comprehensive resource, addressing matters that impact the artistic, cultural and historical record and the safeguarding of cultural and heritage objects within the contemporary art market. Adjudicators, law enforcement officials and legal scholars will appreciate its fresh and inclusive treatment of issues including restitution, material heritage and provenance.

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

In China's Public Diplomacy, author Ingrid d'Hooghe contributes to our understanding of what constitutes and shapes a country's public diplomacy, and what factors undermine or contribute to its success. China invests heavily in policies aimed at improving its image, guarding itself against international criticism and advancing its domestic and international agenda. This volume explores how the Chinese government seeks to develop a distinct Chinese approach to public diplomacy, one that suits the country's culture and authoritarian system. Based on in-depth case studies, it provides a thorough analysis of this approach, which is characterized by a long-term vision, a dominant role for the government, an inseparable and complementary domestic dimension, and a high level of interconnectedness with China's overall foreign policy and diplomacy.

This book explores the future of cyber technologies and cyber operations which will influence advances in social media, cyber security, cyber physical systems, ethics, law, media, economics, infrastructure, military operations and other elements of societal interaction in the upcoming decades. It provides a review of future disruptive technologies and innovations in cyber security. It also serves as a resource for wargame planning and provides a strategic vision of the future direction of cyber operations. It informs military strategist about the future of cyber warfare. Written by leading experts in the field, chapters explore how future technical innovations vastly increase the interconnectivity of our physical and social systems and the growing need for resiliency in this vast and dynamic cyber infrastructure. The future of social media, autonomy, stateless finance, quantum information systems, the internet of things, the dark web, space satellite operations, and global network connectivity is explored along with the transformation of the legal and ethical considerations which surround them. The international challenges of cyber alliances, capabilities, and interoperability is challenged with the growing need for new laws, international oversight, and regulation which informs cybersecurity studies. The authors have a multi-disciplinary scope arranged in a big-picture framework, allowing both deep exploration of important topics and high level understanding of the topic. Evolution of Cyber Technologies and Operations to 2035 is as an excellent reference for professionals and researchers working in the security field, or as government and military workers, economics, law and more. Students will also find this book useful as a reference guide or secondary text book.

The European system of insurance supervision under Solvency II constitutes a parallel to supervision of credit institutions under Basel III. At the heart of this new European insurance supervisory regime are the Solvency II Directive, the attendant regulation, and the EIOPA Regulation. The present volume, "Treatises on Solvency II", includes articles on the bases of European insurance supervision and the associated three pillars of solvency, governance, and disclosure, all viewed predominantly from a legal standpoint.

This third volume of the comprehensive digest of the World Bank Administrative Tribunal's case-law deals with cases decided between July 1991 and April 1996. The author cites those parts of judgments which pertain to a particular issue, providing first-hand access to the Court's actual decisions on that issue. The pronouncements are arranged to give a clear picture of the contribution made to the law governing the international civil service. The author was awarded the 1989 Certificate of Merit by the American Society of International Law for his two-volume treatise on the law of the international service.

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.

The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People's Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.

The scholarly contributions discussed in this timely research review address the special realm of legal rules applicable to space activities and their terrestrial applications. Outer space is generally considered a "global commons", so this review focuses on the international regime which is also the foundation of an increasing number of national space laws. Topics covered concern the development, character and structure of international space law, its relationship with national space law, and military and commercial aspects of space activities, including launching and satellite applications. This fascinating study provides a comprehensive overview of the most important matters relating to international space law and will be a valuable research tool for academics and practitioners alike.

Challenging views prevalent among Western and Polish scholars, this book explains Poland's surprising success in developing effective environmental and occupational regulatory systems while achieving remarkable socioeconomic growth, despite the toxic legacy of the Communist era. It offers rich insights into the questions of how one can achieve both economic growth and improved environmental and safety protection, and of the extent to which regulatory systems can be transferred across national and cultural boundaries. The authors develop a theoretical framework for assessing regulatory success, then use it to analyze Poland's recent experience. Grounded in five case studies of recently privatized firms, the analysis also presents a new survey of privately owned firms, extensive policy and data analysis, and interviews with key policy leaders, entrepreneurs, and intellectuals. The book points to case-specific decision making and information richness as key dimensions of an effective regulatory system and considers in depth the extent to which information richness is culturally dependent, and hence its portability as a policy tool. Addressing regulatory issues that are specific to both the United States and the international development community, the book makes a significant contribution to advancing the theoretical and conceptual frameworks used to explain the success, or lack of success, of regulatory systems.

This book provides the first comprehensive critical analysis of the regulation of naval weapons during armed conflict. It examines the experience this century with the use of naval mines, submarines and anti-ship missiles, the three main naval weapons. The sources of international law relevant to an assessment of the law, that is the extant conventions, state practice, military manuals, war crimes prosecutions, and the opinions of publicists, are each extensively examined so that a clear picture of the law emerges. The book examines the impact of agreements drawn up in peacetime on wartime conduct and focuses on the growth of law through customary practice. While stating the law as it is today, it also provides suggestions for the practical development of the law.

Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.

This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

This book, since its first edition in 2004, has been widely used as a peerless practitioners' guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters - one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration. The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following: drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration; understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs; weighing the possibilities of interim relief at their disposal; anticipating the duration and costs of proceedings; and assessing post-award options. Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC.

Following the successful publication of his first volume4 of essays intitled FOREIGN LAW AND COMPARATIVE METHODOLOGY professor Markesinis continues his quest for the best way of presenting foreign law to Common law readers. This second volume thus contains essays on methodology: the horizontal application of human rights; the tortious liability of statutory bodies; the growing impact of human rights law on our law of torts; the differing approaches to problems raised by action for wrongful life and wrongful birth; differing judicial styles and what they can tell us about a foreign system, as well as the growing use of foreign law by British judges in their judicial and extra judicial work. These essays, along with their rich bibliographical references, will provide much food for thought to practitioners in these above-mentioned areas of the law as well as teadhers and researchers in the fields of public law, foreign law and legal methodology.

This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union's current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice's most recent case law and that of the courts of the most important trading partners of the European Union.

This collection of essays by a variety of scholars, compiled to celebrate the silver anniversary of The International Journal of Children's Rights, builds on work already in the literature to reveal where we are now at and how the law concerned with children is reacting to new developments. New, or relatively new subject matter is explored, such as film classification, intersex genital mutilation, the right to development. Rights within the context of sport are given an airing. We are offered new perspectives on discipline, on the significance of "rights flowing downhill," on the so-called six " General Principles." The uses to which the CRC is put in legal reasoning in some legal systems is critically examined. Though not intended as an audit, the collection offers a fascinating image of where the field of children's right is at now, the progress that has been made, and what issues will require work in the future.

That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations.
In Retaking Rationality, Richard Revesz and Michael Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment.
Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmentaland public health regulation.