This edited volume presents a collection of stories that experiment with different ways of looking at international law. By using different literary lenses -namely, storytelling, the novel, the drama, the collage, the self-portrait, and the museum- the authors shed light on elements of international law that usually remain unseen or unheard and expose the limits of what international law can do. We inquire into who the storytellers of international law are, the stages on which they tell their stories, and who are absent in these tales. We present it as a collection: a set of different essays that more or less deal with the same subject matter. Alternatively, we would like to call it a potpourri of stories, since the diversity of topics and approaches is eclectic and unconventional. By placing multiple perspectives alongside each other we aim to compare and contrast, to allow for second thoughts, and to rediscover. In doing so, we engage with the ambiguities of international law's characters and spaces, and with the worldviews they reflect and worlds they create.

This book provides a deep insight to which extent further improvement should be envisaged to ensure and improve the sustainable development beyond 2030 (the Sustainable Development Goals is a set of 17 global goals with 169 associated targets which the state community adopted in 2015). As the world, its environment, economy and society is getting more and more technical advanced, it is of high interest to analyze how space and its various applications can support this development. Once the Goals of the "2030 Agenda for Sustainable Development" will be achieved new challenges are waiting. The analysis takes into account a proactive use of artificial intelligence for the development based on space infrastructure. Another important aspect revolves around the economic development which asks for further analysis of the cryptocurrencies relationship with space applications and how to use space based cryptocurrencies for development. Environment-wise the challenges for a sustainable development on Earth i.e. water supply, but also in outer space are requested ensuring a sustainable exploration and exploitation of space and its orbital resources. The book also highlights possible contributions of the post-2030 space industry to global economic development based on satellite technology and the enlargement of the scope of application of satellite data in administration and Justice to ensure development of effective, accountable and transparent institutions at all levels to promote growth, stability and security and peace on global level.

The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.

Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.

In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components: criminal, social, and historical. Although the African continent has gone through some of the world's greatest humanitarian emergencies, issues such as violence against women, child soldiers, and genocide are not unique to Africa, and as such, the study of humanitarian law by examining Africa's experience is important to conflict resolution and reconstruction throughout the world.

This book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law.

This book provides practical solutions for addressing energy efficiency as a clause term within a charter party contract. For this, upon a reflection of the regulatory craft, it analyzes key concepts of case law, and discusses them together with commercial and economic principles. In this way, the book aims at offering a comprehensive, interdisciplinary view of the chartering process, together with a new approach for safeguarding energy efficiency investments. A special emphasis is given to the maritime industry. Here, the newly developed framework, based on game theory, has been successfully applied to demonstrate the importance of including a clause term in contract negotiation to achieve protection against both an uncertain market and an even more challenging shipping environment. The book not only fills a gap in the literature, covering a topic that has been largely neglected to date, yet it offers researchers and practitioners extensive information to change the chartering process radically.

The hunt for beneficial owners is on. Like an elephant, the beneficial owner hides in the jungle of complex legal structures, waiting to be discovered by eager prosecutors. But what lies behind this metaphor? What is a Beneficial Owner? Is beneficial ownership a right? What does this right encompass? What is the value of this right compared to other rights? And if beneficial ownership is not a right, is it still a legally relevant relation? How do courts, namely the U.S. Supreme Court deal with the concept? When do Anglo-American judges and European scholars resort to the concept?

This book approaches these questions from two perspectives: legal fundamentals and the field of U.S. federal Indian law. Both legal theories and case law are scrutinized with the aim to find a better understanding of the basic conception and characteristics of beneficial ownership. Federal Indian law has been chosen for the study of the concrete implications of the beneficial ownership concept in what Roscoe Pound referred to as "the law in action." To some, this choice of legal field might seem somewhat unusual. What answers could federal Indian law possibly offer with regard to pressing questions from the financial industry? As always, there is a short and a long answer. The short answer is that the analysis of an equally sophisticated field of law can open new perspectives on a given field of law. For example, not only potential criminals and tax evaders but also members of an older civilization are beneficial owners. The long answer can be found in this very book."

Claire Cutler's critical analysis of the role that international economic law plays in the creation and maintenance of global power relations examines the historical and contemporary evolution of merchant law. She concludes that private interests have governed global economic relations through practices that are little understood. Interdisciplinary in scope, this study draws upon international relations and law, international political economy and political and legal theories. It will be an important first step toward developing a critical understanding of the political foundations of transnational merchant law.

This work, perhaps for the first time, provides a description of the great variety of proposals at EEC level for the reform and harmonisation of intellectual property law. It addresses patents, copyright and neighbouring rights, trade marks, biotechnology, semiconductor chips, topography right, industrial designs and plant breeders' rights. Save as required for the purpose of shedding light on the EEC proposals, it does not attempt to examine member states' national laws. In the case of industrial designs, where no harmonisation has yet been proposed, a very brief survey of national jurisdictions is presented. There is a useful appendix of documents, a bibliography and index. This practical handbook will prove invaluable to practitioners, both in the IP field and non-specialists, seeking up-to-date information on European developments, including solicitors, barristers, patent agents and trade mark agents in private practice, commerce and industry throughout the EEC and in Member States' major trading partners.

Preventing Corruption explores the problems involved in the contemporary investigation, enforcement and governance of international corruption, identifying that no one country or culture has a monopoly on corruption, as it ranges across the social spectrum and different cultures. This unique international coverage explores the level of corruption in different public and private sectors of business for individuals and organizations around the world and highlights that some individuals and organizations benefit from corruption regardless of geographical location. It also examines the limits of current anti-corruption strategies, laws and conventions and considers the involvement of western democratic states in corruption, the concept of state capture and the corrupt use of private military organizations in conflict zones around the world.This diverse critical analysis of international corruption includes under-explored areas such as bribery, whistle blowing and the use of private bodies and will be a highly valuable tool for scholars and practitioners alike.

This is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.' - Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, The NetherlandsJustice for Future Generations breaks new ground by discussing what ethical obligations current generations have towards future generations in addressing the threat of climate change and how such obligations should be embodied in international law. Peter Lawrence uses an interdisciplinary approach, involving discourse theory, international relations theory, and philosophical concepts of ethics and justice to inform discussion of international law. Recent political science theories are used to show why the current global climate change treaties are so weak in addressing intergenerational justice concerns. The book draws on contemporary theories of justice to develop a number of principles used to critique the existing global climate change treaties. These principles are also used as a blueprint for suggestions on how to develop a much-needed global treaty on climate change. The approach is pragmatic in that the justice-ethics argument rests on widely shared values. Moreover, the book is informed by the author's extensive experience in the negotiation of global environmental treaties as an Australian diplomat. With its interdisciplinary approach and focus on intergenerational justice, this detailed study will be of particular interest to academics and policymakers in international environmental law and climate law, as well as to those in international law with an interest in ethics and justice issues. Contents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward - Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography Index

The 2005 UNESCO Convention on Cultural Diversity is a landmark agreement in modern international law of culture. It reflects the diverse and pluralist understanding of culture, as well as its growing commercial dimension. Thirty diplomats, practitioners and academics explain and assess this important agreement in a commentary style. Article by article, the evolution, concepts, contents and implications of the Convention are analysed in depth and are complemented by valuable recommendations for implementation. In an unprecedented way, the book draws on the first-hand insights of negotiators and on the experience of practitioners in implementation, including international cooperation, and combines this with a good deal of critical academic reflection. It is a valuable guide for those who deal with the Convention and its implementation in governments, diplomacy, international organizations, cultural institutions and non-governmental organizations and will also serve as an important resource for academic work in such fields as international law and international relations.

This book discusses global mobile satellite communications (GMSC) for maritime, land (road and rail), and aeronautical applications. It covers how these enable connections between moving objects such as ships, road and rail vehicles and aircrafts on one hand, and ground telecommunications subscribers through the medium of communications satellites, ground earth stations, Terrestrial Telecommunication Networks (TTN), Internet Service Providers (ISP) and other wireless and landline telecommunications providers. The new edition covers new developments and initiatives that have resulted in land and aeronautical applications and the introduction of new satellite constellations in non-geostationary orbits and projects of new hybrid satellite constellations. The book presents current GMSC trends, mobile system concepts and network architecture using a simple mode of style with understandable technical information, characteristics, graphics, illustrations and mathematics equations. It represents telecommunications technique and technology, which can be useful for all technical staff on vessels at sea and rivers, on all types of land vehicles, on planes, on off shore constructions and for everyone possessing satellite communications handset phones. The first edition of Global Mobile Satellite Communications (Springer, 2005) was split into two books for the second edition - one on applications and one on theory. This book presents global mobile satellite communications applications.

Globalization has increased the number of individuals in criminal proceedings who are unable to understand the language of the courtroom, and as a result the number of court interpreters has also increased. But unsupervised interpreters can severely undermine the fairness of a criminal proceeding. In this innovative and methodological new study, Dingfelder Stone comprehensively examines the multitudes of mistakes made by interpreters, and explores the resultant legal and practical implications. Whilst scholars of interpreting studies have researched the prevalence of interpreter error for decades, the effect of these mistakes on criminal proceedings has largely gone unanalyzed by legal scholars. Drawing upon both interpreting studies research and legal scholarship alike, this engaging and timely study analyzes the impact of court interpreters on the right to a fair trial under international law, which forms the minimum baseline standard for national systems.

Based on official records and reports, relevant secondary sources, and observations of members of the Convention's implementary organ, The Convention on the Rights of the Child describes and evaluates the first international human rights treaty to deal specifically with the rights and freedoms of the child. Mower deals first with the significance, origin, and development of the Convention on the Rights of the Child, then describes and analyzes its substantative content, procedures, and mechanisms for the Convention's implementation. He concludes with an examination of the factors that are most likely to determine the rate of progress toward the realization of the convention's goals. Based on official records, relevant secondary sources, and observations of members of the Convention's implementary organ, the book will be of considerable use to scholars and researchers in the fields of human rights and children's welfare.

This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.

This greatly updated and expanded version of a 1996 classic - in its time, the first major study on the practice of international business dispute resolution - is a new book in itself. Benefitting from a comprehensive empirical survey of new trends in the field, and from discussions of the newest tools for making settlement negotiations more effectie, the second edition is a "must have" resource for anyone dealing with a potential conflict in international business relationships. The authors' analysis is rooted in the experience of over 100 top practitioners from 17 countries, distilling the conduct of over 3000 international commercial arbitrations and mediations. The book's in-depth coverage includes such key considerations as the following: process, legal framework, and transaction costs of international commercial arbitrations; practical techniques to integrate mediation and arbitration in international business; conflict and negotiation theory as a conceptual basis for mediation and other alternative dispute resolution techniques; guidelines for the design of procedures for effective conflict management in international business; and statements and recommendations of numerous practitioners made during personal interviews. An abundance of illustrative graphs, tables and practical checklists enhances the presentation throughout. As a detailed analysis of how dispute resolution actually works in modern international business - with practical guidance on relevant techniques - this book will be of enormous value to corporate counsel and to international lawyers and business persons, as well as to scholars and students of dispute resolution.

Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under these treaties, states must accord substantive standards of promotion and protection, in addition to an investor-state arbitration mechanism that allows investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has come into being. This book is the first to provide a comprehensive explanation of these standards of treatment, taking into account the full weight of relevant jurisprudence as it continues to evolve. Where possible, the authors critically examine applicable principles that can be seen to emerge for international commercial arbitration practitioners.The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following:A { problems of transparency and conflict of interest;A { the recent growth in IIAs between and among developing nations;A { the effect of new model bilateral investment treaties (BITs);A { the ability of non-disputing parties to participate in investor-state arbitration;A { theories of the interaction of foreign direct investment (FDI) and BITs;A { investor-state arbitration as an evasion of public regulatory authority;A { the role of investment funds in international investment;A { A fork in the road A| provisions; andA { institutional versus ad hoc arbitration.International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

This book was previously published by Larcier. By popular demand, it has been republished and is now available in ebook format. For full details, see the preliminary pages. On 2 April 2013, the United Nations General Assembly adopted the Arms Trade Treaty and on 24 December 2014, it entered into force. This marked the end of a long road towards achieving the first global treaty regulating the international trade in conventional arms and preventing their illicit trade and diversion. This book offers readers a concise and workable insight into each of the Articles of this important legal instrument, as well as its negotiation and scope of application. It brings together renowned state practitioners, legal academics and non-governmental expert analysts with different perspectives and backgrounds, many of whom were directly involved in the negotiation of the Treaty itself. The Arms Trade Treaty will provide a comprehensive commentary to guide academics, officials, diplomats and others in the implementation of the Treaty.

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definition of exploitation, it is difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the UN Protocol; namely, forced or compulsory labour, practices similar to slavery and slavery. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law. The book uses exploitation theory to understand its application in law. The legal and theoretical analysis of exploitation first identifies the foundational elements of exploitation and then applies them to a comparative, empirical, domestic criminal case law analysis of two European national legal orders: Belgium and England & Wales. The book concludes with a proposition for a legal conceptualisation of labour exploitation that identifies the necessary and sufficient conditions that are required to determine whether or not the involuntary provision of work or services amounts to labour exploitation. The book's presentation of an evidence-based conceptualisation of labour exploitation is not only of added value for scholars but also for legal practitioners, policy makers and civil society representatives who are required to interpret and apply human trafficking law policy and practice in order to determine the existence (or not) of exploitative working conditions.

This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, 'non-kinetic' targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.

The practise of outlining principles for the conduct of US security policy in so-called doctrines is a characteristic feature of US foreign policy. From an international lawyer's point of view two aspects of these doctrines are of particular interest. First, to what degree are the criteria for the use of force, as laid down in these doctrines, consistent with the limitations for the use of force in international law? Second, which law-creating effects do these doctrines have? Furthermore, the legal nature of these doctrines remains uncertain. These matters are examined, beginning with the Monroe Doctrine of 1823 and taking into account the Stimson Doctrine of 1932, the doctrines of the Cold-War period and the Bush Doctrine of 2002. The Bush Doctrine in particular has generated controversies concerning its compatibility with Article 51 of the UN Charter, due to its principle of preventive self-defence.

The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is "constitutional identity", a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State's power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).