This comprehensive volume analyzes dual markets for regulated substances and services, and aims to provide a framework for their effective regulation. A "dual market" refers to the existence of both a legal and an illegal market for a regulated product or service (for example, prescription drugs). These regulations exist in various countries for a mix of public health, historical, political and cultural reasons. Allowing the legal market to thrive, while trying to eliminate the illegal market, provides a unique challenge for governments and law enforcement. Broken down into nine main sections, the book studies comparative international policies for regulating these "dual markets" from a historical, legal, and cultural perspective. It includes an analysis of the markets for psychoactive substances that are illegal in most countries (such as marijuana, cocaine, opiods and amphetimines), psychoactive substances which are legal in most countries and where consumption is widespread (such as alcohol and tobacco), and services that are generally regulated or illegal (such as sports betting, the sex trade, and gambling). For each of these nine types of markets, contributions focus on the relationship between regulation, the emerging illegal market, and the resulting overall access to these services. This work aims to provide a comprehensive framework from a historical, cultural, and comparative international perspective. It will be of interest to researchers in criminology and criminal justice, particularly with an interest in organized crime, as well as related fields such as sociology, public policy, international relations, and public health.

This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded evidence of religious nepotism on the part of state officials using such state institutions as Islamic Preaching Boards to promote one Islamic sect over another in mainly Muslim Northern Nigeria. The book offers insights into this subtle sectarian divide and how this and other 'subterranean' elements have contributed to the rise of Boko Haram in Northern Nigeria beyond the dominant poverty-terrorism nexus narrative. Furthermore, the book analyses the various components of Boko Haram's radical ideology, situates them in Islamic Jurisprudence, and examines the philosophy of the group (both in doctrine and practice) - their interpretation of the Koran and the waging of Jihad, and the extent to which they conform to the Islamic Sect Boko Haram claims to follow. The book then examines the basic doctrinal features and characteristics of Boko Haram - waging Jihad, prohibiting revealing dresses for women and mixing of genders, rejecting western values and institutions, denouncing scientific inquiry and democracy, hostage taking, sexual exploitation of captives and other aspects of jus ad bellum and jus in bello in Islamic jurisprudence and international law. Finally, the book analyses the plight of vulnerable groups such as internally displaced persons, the atrocities committed against women and girls in the Boko Haram insurgency and the (in)ability of international law to enforce the protections offered to the victims. From the perspective of critical intellectual inquiry, the book also challenges a number of fundamental assumptions and encourages us to revisit our legal characterisation of certain concepts such as "gender-based crimes". It then goes further to analyse some legal grey areas in the Boko Haram insurgency such as the legal status of the Civilian Joint Task Force (CJTF) and the legal framework for holding members accountable for violations of international human rights and humanitarian law. Overall, the book represents a valuable contribution to scholarship, deepens our understanding and delineates how international law could respond to the Boko Haram insurgency in Nigeria in particular and terrorism in Africa in general.

The book examines how the absence of insurance in the past led to some special maritime liability law principles such as 'general average' (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners' liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.

The laws of the Member States of the European Union and the tax treaties concluded by them - being part of their national laws - must be consistent with European Community law. Apart from EC Directives and Regulations, the EC Treaty itself contains rules directly applicable to matters of international taxation. In this context the decisions of the European Court of Justice on the fundamental freedoms laid down in the EC treaty are of primary importance. If a provision of a tax treaty is in conflict with the EC Treaty, it is superseded by the Treaty provisions. The EC Treaty may therefore have the effect of changing the content of tax treaties, a matter of crucial importance to international tax planning techniques. This collection of essays examines the effects of primary European Community law, in particular the fundamental freedom provisions in the EC Treaty, on tax treaties concluded by the Member States. Using the method of examination employed by the European Court of Justice, the contributors to this volume present a systematic analysis of the effects of the interaction of national tax law, tax treaty law and the EC Treaty.

This book provides a comprehensive guide to the scope of European Merger Control Regulations. It follows a practical approach, which is aimed at fulfilling the need for a straightforward, user-friendly introduction to the workings of merger control at European level. It is designed to provide the reader with the framework provisions, as opposed to a case-by-case analysis, thereby enabling those involved with mergers to understand more comprehensively how the regulations and the decisions of the Merger Task Force affect specific mergers, organizations and business. The scope and functions of the Merger Regulations are set out fully and step-by-step guides to the various procedures are provided. Information sources include the full text of the Regulations as amended, relevant Commission Notices, and details of the national authorities dealing with mergers. As the EU moves further towards the accomplishment of the internal market and as mergers of ever-increasing value take place, the Merger Regulations and the work of the Merger Task Force has become of heightened importance.

This book presents an analysis of the concept of the administrative act and its classification as 'foreign', and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

This book analyses the ongoing reform of the European economic union in the light of the new objective of 'stability of the euro area as a whole' in Article 136(3) TFEU. On the basis of the relevant legal sources, it qualifies this objective as the obligation to preserve the existence of the monetary union, the establishment of which was an EU goal laid down in Article 3(4) TEU. While to date the objective has been achieved through fiscal and macroeconomic consolidation in the member states and the activation of stabilisation mechanisms in cases of emergency, the book argues that full stability requires a better system of economic governance, either through a process of partial fiscal centralisation or the return to a more efficient and sustainable market discipline of public finances. It also analyses the concrete legal challenges these raise, including compliance with the conferral principle, the longstanding democratic deficit of the governance and the balance between financial solidarity and fiscal responsibility.

This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for a further constructive discourse on the topic at both national and international levels. A Third Volume, to be published in Autumn 2016, will focus on legal issues of safety and security of the use of nuclear energy for peaceful purposes. Jonathan L. Black-Branch is Professor of International Law, Royal Holloway University of London; a Member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Prolife ration and Contemporary International Law.

This study is written for those who seek effective ways of controlling environmental pollution. Indeed, many developing and East European states look to the experience of the United States and Western Europe. The book does not, however, concentrate on any one system of control or control laws, but succeeds in introducing the exact nature of pollution problems and the variety of ways in which effective control and management have been achieved. Rather than advocate a ready-made system, lessons are drawn for example from the UK, USA, Sweden, Denmark, France, Germany and New Zealand, and instructive legislative samples are reproduced, the place of international obligations being clearly marked out. The wide-ranging comparative approach adopted renders this handbook yet more valuable, based as it is on the premise that a control system is better if it is built on existing institutional and legal structures. It should interest all who advise on environmental matters on a daily basis, particularly senior administrators, policy makers, institutions, legal advisers and researchers.

The main challenge to international environmental law is to strike an adequate balance between the discretion of states to undertake economically attractive activities and the need for constraint in order to protect the environment. Based on one particularly elaborate environmental regime (the regime for transboundary water pollution as it applies to the Netherlands) this book examines how international law has sought to replace discretion by constraint, and what limitations have been encountered with that endeavour. The study provides a comprehensive assessment of the main assets and lacunae of the regime for transboundary water pollution. It discusses the applicable substantive and procedural rules (including new developments, such as the precautionary principle, the obligation to conduct environmental impact assessments); the combined use of legal rules (such as the 1992 Convention on the Protection of Transboundary Watercourses and the 1992 Paris Convention on the Protection of the Marine Environment of the North-East Atlantic) and non-legal rules (such as the Rhine Act Programme), and the application of procedures to control the implementation of states' obligations. Since many of the issues are not exclusively relevant to transboundary water pollution, the main conclusions of this study may prove directly applicable to other international environmental regimes.

Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development. Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

This book offers a vision of economics in which there is no place for universal laws of nature, and even for laws of a more probabilistic character. The author avoids interpreting the practice of economics as something that leads to the formulation of universal laws or laws of nature. Instead, chapters in the book follow the method of contemporary philosophy of science: rather than formulating suggestions for practicing scientists of how they should do research, the text describes and interprets the very practice of scientific research. This approach demonstrates how economists can explain economic phenomena not by subsuming them under general laws, but rather by building models of these phenomena, by referring to causes, or even by investigating what is in the nature of given factors, events, or circumstances to produce.

There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a "new" cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people's lives and on our social systems.

In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.

A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.

This book introduces readers to the main principles of Turkish contract law, and particularly analyzes the general provisions of the Turkish Code of Obligations. Moreover, in order to illuminate certain key subjects, it discusses selected provisions of the Turkish Civil Code, the Turkish Commercial Code and the Turkish Bankruptcy and Enforcement Law. Intended to provide a comprehensive and clear overview of Turkish contract law, the book seeks to avoid contentious arguments and explains the subjects with the help of simple examples.

This book provides law-based governance which is one of the basic policies that underpins our endeavors to uphold and develop socialism with Chinese characteristics in the new era. Law is the key to governing the country,and the rule of law is an important support for the national governance system and governance capacity. Since the 18th National Congress of the CPC,China has implemented the four-pronged comprehensive strategy and created an unprecedented new situation for law-based governance. Further progress has been made in ensuring China's legislation is sound,law enforcement is strict, the administration of justice is impartial,and the law is observed by everyone. China's efforts to build a country, government,and society based on the rule of law have been mutually reinforcing) the system of distinctively Chinese socialist rule of law has been steadily improved) public awareness of the rule of law has risen markedly. In recent years, China has adhered to the correct handling of the relationship between deepening reform and law-based governance,ensuring that major reforms are justified by law and providing solid guarantees of the rule of law for reform and opening-up. China has adhered to combine law-based governance of the country and rule-based governance over the party and exercised law-based governance at every point in the process and over every dimension of full and rigorous governance over the party and has made remarkable achievements in the construction of a clean and honest government and the struggle against corruption.

This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.

This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.

The book examines the economic crisis in the European Union and its consequences for European integration and the member states. Discussing the provisions introduced by the Treaty of Lisbon, from the effects of macroeconomic monitoring to the restraints produced by the Fiscal Compact, it offers an analysis of the European Union's current situation and the effects of the measures adopted to manage the crisis, also making reference to how Europe is perceived by its citizens. Moreover, the chapters offer thoughts on the European integration process, in particular the effects that the policies adopted to tackle the crisis have had on the economic and financial sovereignty of the member states. This detailed examination of the situation of the EU between the Treaty of Lisbon and the Fiscal Compact is characterized by an original multidisciplinary approach that offers an articulate reflection on the criticalities that affect the actions of both European and national institutions.

The sixty-third volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC from 23 May 2014 to 1 December 2014. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions. Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.