Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states' participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2019 edition is the Yearbook's 25th volume. To commemorate this achievement, this volume has two reflective articles: the first article presents the history of DILA and its flagship publication, this Yearbook; and the second article provides an overview of the Yearbook's State Practice section beginning with volume 1 to volume 24.

The interrelation of products, the human body, and the environment presents a fundamental challenge to the international trade regulatory system. In an ever more integrated global market, biotechnology, nanotechnology, and other increasingly prevalent methods of processing food and pharmaceuticals give rise not only to trade issues, but also to health, safety, and security concerns. Product-related cross-border issues such as the spread of disease, the use of riskrelevant substances or components, and safety-related construction issues are increasingly on the agenda for governments and international organizations. A promising response to this challenge - presented in this book - is offered by a harmonization of the multiplicity of rules, standards, guidelines, and recommendations that characterizes the current system of international trade regulation.

Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.

International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.

Challenging the perception that women are exclusively the victims, the caregivers or the passive supporters of men in times of armed conflict, "Listening to the Silences: Women and War" exposes the reader to a diversity of women's voices. These voices, both personal and academic, demonstrate that women are increasingly taking on less 'traditional' roles during war, and that these roles are multifaceted, complicated and sometimes contradictory. The experiences of a judge, forensic anthropologist, survivor of sexual slavery, soldier, activist, journalist, humanitarian worker and others provide the reader with the opportunity to consider the depth of women's involvement in armed conflict. Their voices highlight the fact that the international community at large has historically failed to listen to women, even as they have tried to tell their own individual tales of horror, heroism, courage, devastation, betrayal, violence and integrity during armed conflict. Concurrently the book examines in detail the legal infrastructure in this area, including debates on the adequacy of international law; developments in jurisprudence and the implementation of international resolutions. This book reveals that responses to women's requirements during times of war will continue to be inadequate so long as we persist in silencing these differing perspectives and fail to take account of women's dynamic and changing needs during war. "Listening to the Silences: Women and War" is a collection of women's voices, each of which makes a unique contribution to a topic that is gathering international momentum and interest. The perspectives of these women greatly enhance our understanding of the gendered dimensionsof armed conflict - they help to move the discourse beyond silence and towards inclusion, greater understanding and peace.

Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. "State Liability in Investment Treaty Arbitration" is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.

This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.

Most of the world s redundant ships are scrapped on the beaches of the Indian sub-continent, largely by hand. As well as cargo residues and wastes, ships contain high levels of hazardous materials that are released into the surrounding ecology when scrapped. The scrapping process is labour-intensive and largely manual; injuries and death are commonplace.

Ship breaking was a relatively obscure industry until the late 1990s. In just 12 years, action by environmental NGOs has led to the ratification of an international treaty targeting the extensive harm to human and environmental health arising from this heavy, polluting industry; it has also produced important case law.

Attempts to regulate the industry via the "Basel Convention" have resulted in a strong polarization of opinion as to its applicability and various international guidelines have also failed because of their voluntary nature. The adoption of the "Hong Kong Convention" in 2009 was a serious attempt to introduce international controls to this industry."

This book addresses the often vexed question of national maritime claims and the delimitation of international maritime boundaries. The number of undelimited international maritime boundaries is much larger than the number of agreed lines. The two boundaries that define the marine domain of coastal states are examined. First, the baselines along the coast may consist of low-water lines or straight lines or a combination of both. When straight lines are used they define the seaward limit of the state's internal waters. Second, the outer limits of claims to territorial seas, contiguous zones and exclusive economic zones are measured from the baselines. All states will have to delimit at least one international boundary with a neighbouring state, whether adjacent or opposite. In confined seas no state can claim the full entitlement and must negotiate international boundaries with all neighbours. Many states bordering oceans can claim the full entitlement seawards, although they will need to delimit national boundaries with adjacent neighbours.

In 1967, the public clamor for more stringent air pollution control had increased throughout the nation. As a result, the Puget Sound Region was granted a new multi-county air control agency. After staffing it and developing regulations, personnel began ticketing pollution sources, beginning with the most onerous. A real-time monitoring network was installed and the staff began routine dispersion modeling. Indirect source controls

This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!

Despite its growing significance, the legal scrutiny of RTAs remains an underdeveloped academic field. This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation and that of regulators. With the application of a thorough article-by-article analysis, the author shows how these concerns lead to vast underutilisation of, and often prejudice against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the various concerns. This book will be an invaluable resource for students and scholars of law and related subjects. It will also be of interest to government officials looking for a detailed analysis of the topic, and practitioners looking for a framework for analysing RTA provisions.

There is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.' - Daniel J. Gervais, Vanderbilt University Law School, US 'Trademark law is territorial but trademarks, like trade, are increasingly global. Trademark owners often operate in worldwide markets where they are confronted with varying territorial legal rules about registration and even use of their trademarks. This apparent dichotomy between trade without borders and trademark laws with borders creates many challenging legal and practical issues which this volume tackles. This outstanding collection offers both specialists and novices insights into this complex topic. The editors are to be commended for their foresight in bringing this collection together.' - Susy Frankel Victoria, University of Wellington, New Zealand 'The growing globalization of trade increases the challenges faced by trademark owners in the territories where they operate or plan to expand. Trademark owners thus have to find ways to solve the tension between global markets and territorial regimes of protection, which is precisely what this book explores from different angles and what makes it an essential work in today's borderless and brand-based economy. The result is a remarkable collection of original and thought-provoking chapters, which masterfully discuss the challenges and opportunities that the global economy presents, and will continue to present, for the territorial acquisition and enforcement of trademark rights.' - Jacques de Werra, University of Geneva, Switzerland As the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field. The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names. A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context. Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource. Contributors include: G.W. Austin, I. Calboli, L. Chan Grinvald, M. Chon, D.C.K. Chow, G.B. Dinwoodie, C.H. Farley, L.C. Grinvald, M. LaFrance, M.A. Leaffer, E. Lee, J. Lipton, L.A.W. Lockridge, D.E. Long, P.-E. Moyse, M. Wong, P.K. Yu, D. Zografos Johnsson

International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. This book fills the gap by focusing on issues of concept-formation in legal science in general, as well as looking at their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalize a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A State, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and States affected by its actions in international relations. This argument is in line with a long and now resurgent cosmopolitan tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality, and the design of global institutions. ..".Capps' writing style is clean, measured, and written with obvious passion. He engages the reader in back and forth discussions that stimulate thought-provoking questions....It can be said with certainty that Human Dignity and the Foundations of International Law is a comprehensive, well thought out, and welcome addition to the field of philosophy and the law." Saskatchewan Law Review 2012, Vol. 75

This book analyses how the complementarity regime of the ICC's Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is 'unwilling' or 'genuinely unable to act', assuming the crime is of a 'sufficient gravity' for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

This book examines EU Eastern Partnership taking into account geopolitical challenges of EU integration. It highlights reasons for limited success, such as systematic conflict of EU External Action. In addition, the book analyses country-specific issues and discusses EaP influence on them, investigating political, economic and social factors, while seeking for potential solutions to existing problems. The reluctance of the Eastern countries to the European reforms should not reduce political pro-activeness of the EU. The authors suggest that EaP strategies should be reviewed to be more reciprocal and not based solely on the EU-laden agenda. This book is one of the good examples of cooperation between scholars not only from EaP and EU countries, but also from different disciplines, bringing diversity to the discussion process.

At the Third United Nations Conference on the Law of the Sea, the land-locked countries of the world, together with their geographically disadvantaged counterparts, made a determined effort to obtain special recognition in the Law of the Sea Convention. As members of the so-called LLGDS Group, they challenged the position of coastal States in several areas and introduced proposals which are yet to be fully assessed in the literature on the Law of the Sea. Published at a time when many intriguing questions on the Law of the Sea remain the subjects of intense controversy, this book charts the LLGDS effort at the UNCLOS III and critically examines the extent to which the 1982 Convention and the customary law reflects the perspective of the LLGDS Group. It also offers detailed consideration of many key issues in the law and politics of the sea.

Seated in The Hague (Netherlands), the International Court of Justice is the highest court in the world and the only one with both general and universal jurisdiction. This sixth edition of The International Court of Justice Handbook aims to provide, without excessive detail, the basis for a better practical understanding of the facts concerning the history, composition, jurisdiction, procedure and decisions of the Court. In no way does it commit the Court, nor does it provide any interpretation of the Court's decisions, the actual texts of which alone are authoritative. The information contained in this handbook was last updated on 31 December 2013

Parties to Latin American commercial transactions have long needed a clear and detailed guide to the dispute resolution mechanisms and procedures available through the many relevant regional institutions that operate in South and Central America, Mexico, and the Caribbean. This incomparable book meets this need. In clear, non-expert English, it explains the different dispute resolution procedures of which companies and their counsel can take advantage in the course of doing business. The author pays close attention to the underlying treaties and protocols, some of which are not available in English. Among the many valuable resources provided are the following: an overview of regional and sub-regional institutions relevant to international dispute resolution; description of other institutions which provide investment guarantee protection and dispute resolution services, including the Multilateral Investment Guarantee Agency (MIGA), the Overseas Private Investment Corporation (OPIC), and the Inter-American Development Bank (IDB) and its sister institutions; insight into the way each institution is structured and how each legislates for its member states; analysis of substantive and procedural rights available to investors and states under the rules of each institution; and, details on how information can be obtained from the respective institutions for the purposes of further research. It also provides: rules of operation of supra-national/sitting courts and ad hoc tribunals, including the Inter-American Commission and Court of Human Rights, the Inter-American Commercial Arbitration Commission (IACAC), the Andean Court of Justice, the Caribbean Court of Justice, Mercosur's established arbitral tribunals and Permanent Review Tribunal, and the Central American Court of Justice; analysis of major Free Trade Agreements (FTAs), including the Group of Three Agreement, the US-CAFTA-DR, and the proposed Free Trade Area of the Americas (FTAA); investment protection afforded by Bilateral Investment Treaties (BITs) and Free Trade Agreements, with a country-by-country compendium of the BITs and FTAs signed by each; and discussion of regional initiatives of relevance to future policy-making. Especially valuable coverage includes information that has been dispersed and difficult to locate in English, such as details of MIGA's dispute mediation service and recent changes in Central American Common Market rules. As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America.

This comprehensive, three-volume set focuses on the legal and business aspects of sports in the USA and abroad. The authors have presented the subject matter from a practical and pragmatic perspective, yet with analytical precision and attention to fine points of detail. This work is composed of five parts. Part I deals with the law and business of sports in the United States, with the primary emphasis on the legal aspects of professional sports. Part II deals with the internationalization of sports from various perspectives, principally North American team sports. In Part III the law and business of sports is explored in 18 foreign (from an American's standpoint) jurisdictions. Part IV treats the legal and, to some extent, business aspects of broadcasting and sports, both in the United States and in selected foreign jurisdictions. Finally, Part V focuses upon sports marketing in its variegated forms in the USA, as well as its international perspectives.

This volume contains a selection of the edited and in some cases translated papers presented at the first South-South Human Rights Forum held in Beijing. The conference was jointly sponsored by the State Council Information Office and the Chinese Ministry of Foreign Affairs. The event drew hundreds of participants, mainly scholars and government officials from developing countries and international organizations. Its main theme was "Building a Human Community with a Shared Future", which built on a proposal launched by President Xi Jinping. The papers are mostly short and often policy-oriented, offering a unique insight into the thinking and planning associated with this South-South exchange and thus a wealth of information of interest to scholars. The topics covered emerge primarily from development-related issues, such as the rights to food, education, health and poverty reduction. Though much of the volume thus focuses on economic and social rights and the right to development, civil and political rights are also discussed in the context of the need for legal guarantees for the exercise of human rights and judicial protection of rights.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: Concise and compact overview of the CISG Includes contemporary developments Provides a theoretical basis for evaluating international sales law Considers perspectives of economic analysis of law.