This important new book deals with the formation and regulation of regional trade agreements in the context of the WTO legal regime and Eastern and Southern African countries, specifically those nations that make up the Common Market for Eastern and Southern Africa (COMESA). Despite a poor track record, regional integration has for a long time been, and remains, the preferred path to economic development and poverty alleviation among developing countries in Africa. Regional integration undoubtedly holds great promise for developing nations in Africa.Many African countries stand to gain from pooling their meager resources and thus being able to participate more meaningfully in the international arena. However, the rhetoric surrounding integration has not been matched by actions and the record of trade liberalization has been weak. Substantive action appears to be taking a back seat to formal statements and declarations. This book consequently addresses four related critical issues: compliance with rules and regime design, the relationship between regionalism and multilateralism, the legal regime created by Article XXIV and the Enabling Clause of the General Agreement on Tariffs and Trade, and the COMESA legal regime. Product highlights: it provides readers with expert perspective on regional trade agreements, an area of growing concern to practitioners, academics, and government officials.

This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".

The World Bank Group and the International Monetary Fund are under substantial pressure to accept more accountability under international human rights law. This publication sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is 'living law' and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the International Monetary Fund are both starting to recognize more and more the relevance of human rights to the fulfilment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. This publication argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions.

This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts' ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.

This book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts in their respective fields and the chapters highlight each discipline's major trends, debates, methods and approaches to mass atrocity, genocide, and crimes against humanity, as well as their interactions with adjacent disciplines. Case studies illustrate how the respective disciplines work in practice, including examples from the Allied Hunger Blockade, WWII, the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and Uganda. Including bibliographical essays to offer readers crucial orientation when approaching the specialist literature in each case, this edited collection equips readers with what they need to know in order to navigate a complex, and until now, deeply fragmented field. A diverse and interdisciplinary body of research, this book will be indispensable reading for scholars of war crimes.

This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU's external trade relations, building on and stimulating further - the already well-engaged - scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.

This book offers a general framework for a better understanding of the differences and similarities between the institutional rules of intergovernmental organizations that include parliamentary elements, and analyzes the role of various types of international parliamentary assemblies in the system of global governance, as well as insights into the process known as "parliamentarization of international organizations." Firstly, it presents a case study of various types of international parliamentary assemblies, which is then used to analyze the law of particular international organizations that include parliamentary assemblies or relate to them. Secondly, the book compares two parliamentary assemblies of international organizations - the Parliamentary Assembly of the Organization for Security and Co-operation in Europe (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) - in terms of structure, powers, and relations with their IGOs. It also investigates the activities of assemblies and their cooperations for the purpose to explore the positive effects of the work of international parliamentary assemblies and their potential for having an impact at the national level. Lastly, the book analyzes the tangible and desirable powers of international assemblies by comparing examples of existing international parliamentary assemblies with the UN Parliamentary Assembly project. Based on that, the author compiles a list of essential requirements and principles for effective international parliamentary assemblies.

This book presents an in-depth analysis of issues in trade law and EU pharmaceutical law concerning market access for traditional Chinese medicinal products. It discusses these issues from the standpoints of fundamental law, international law and EU law, so to offer a comprehensive perspective. Specifically, it points out the core legislative issues for EU policymakers who deal with market access for traditional medicinal products; describes the relation between law and science; and offers essential information on herbal medicinal product registration in the EU. Further, it compares EU law and Chinese law in this regard, which can offer inspirations for readers from other counties that have similar medicinal products. The book uses straightforward, accessible language to break down the key issues involved.

The ICC Rules of Arbitration constitute one of the world's oldest and most widely used sets of rules for the resolution of international commercial disputes. In 1998, shortly after the entry into force of the current version of the Rules, the First Edition of this book appeared and quickly became an indispensable resource for all those involved or interested in ICC arbitrations, including arbitrators, counsel, and parties. In this updated and revised edition, the authors two of the world's leading experts on ICC arbitration have revised the Guide in order to take stock not only of the evolution in ICC practice over the last seven years, but of new arbitral and judicial decisions bearing on the interpretation and application of the Rules and of developments in international arbitration practice generally. The Guide s notable features include: article-by-article commentary on the ICC Rules, enriched by the authors personal involvement in their drafting and years of experience as arbitrators, counsel, and former Secretaries General of the ICC International Court of Arbitration; ample and greatly expanded references, in respect of the Rules individual provisions, to relevant national court judgments and arbitral awards, together with extensive bibliographical sources; and up-to-date statistics on ICC arbitration and copies of all ICC rules on dispute resolution mechanisms in addition to arbitration. A truly comprehensive reference work on ICC arbitration practice, the Second Edition of the Guide will be of immeasurable value to corporate counsel, international lawyers, and business people, as well as to all those interested in the international arbitration process.

This research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.

Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. Paradoxically, he argues, law and political theory can now form the basis of the recovery of indigenous rights. Arguing for the recognition of indigenous peoples as "peoples" with the right of self-determination in constitutional and international law, Keal questions the moral legitimacy of international society and examines concepts of collective guilt and responsibility.

The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ensuing legal and political problems concerning detainees in those conflicts. This book analyzes these contemporary problems and challenges against the background of their historical development. It provides a multidisciplinary yet highly coherent perspective on the historical trajectory of legal and ethical norms in this field by integrating the historical analysis of war with a study of the emergence of the modern legal regime of prisoners in war. In doing so, it provides the first comprehensive study of prisoners, detainees and internees in war, covering a broad range of both regular and irregular wars from the crusades to contemporary counterinsurgency campaigns.
The book revolves around two major developments: First, there has been a continuous increase in the political relevance of prisoners in war, in particular since the emergence of POW camps in the nineteenth century. Secondly, and related, the growth in the legal regime pertaining to prisoners had contradictory consequences. Whilst it enhanced the protection of prisoners in regular conflicts, its state-centric bias tends to exclude combatants who do not fit the template of regular inter-state war. Detainees in the 'war on terror' embody both tendencies, the development of which, however, is by no means a novel phenomenon.
This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

This book is a guide to the law and practice of victims' roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabo is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.

This book is a practical guide to the international, EC, and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition - published by Sweet and Maxwell in 1997 - was very well received. Given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated, and much expanded second edition is timely. It covers the law relating to the permitting and operation of nuclear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters that deal specifically with new construction and decommissioning will be vital reading. Written by Stephen Tromans, one of the leading environmental law experts who has published widely in this field, the book will be of interest to environmental law practitioners, NGO's, and academics.

This book deals with the fundamental semantics of images of Europe, which consist of valences, mirror beliefs and affectivities. This is why it relaunches the importance of the European discourse in its symbolic dimension. As such, it explores the many images of Europe, or rather the many images through which European discourse is actually constituted in daily life, in search of their enunciative responsibility in today's world for determining the current "State of the Union". The identity of the European continent is based on a millenary tension between universalism and particularism: images of Europe have in fact been alternately inspired, over the centuries, by a model of homogeneity - Roman and Carolingian imperial disposition - on the one hand, and by a model of fragmentation - a Europe of city-states, municipalities, regions and small fatherlands - on the other. In the European Union, a political and economic organism, this issue has recently been amplified to the point that it has reentered public debate, and political parties that are only recognizable for being Europeanists or anti-Europeanists are now ubiquitous. In this regard, one major bone of contention is how to portray the quintessential aspects of the European territory, which are either interpreted as "thresholds" to be overcome in the name of a model of United Europe - "integral totality" - or are instead regarded as insurmountable obstacles for a Europe that is irreparably and perhaps, according to anti-Europeanists, fortunately fragmented - "partitive totality". Further, this is to be done without excluding the possibility of contradictory and complementary solutions to these binary visions. In this context the book analyzes various texts in order to obtain a more precise picture of the clash, reveal its semiotic forms, and by doing so, identify a way out of the crisis.

This work provides a comprehensive analysis of the role of non-judicial dispute settlement in international financial transactions. Whereas arbitration and non-judicial dispute settlement mechanisms are of growing importance in international economic transactions, their present and future role in financial transactions is not yet fully explored. This publication aims to fill this gap in the literature and includes analyses of bank remedies, direct negotiation and mediation in financial and business conflicts, debt renegotiations, restructuring of syndicated loans, arbitration in project financing, and the roles of the ICC, NAFTA and OAS. Some of the expert papers focus in particular on the role of arbitration and dispute resolution in Latin America, Greater China and Russia. The text is based on the edited and revised papers of an international conference - part of a global series of conferences held in 1999 on the "New International Financial Architecture" - organized by the Law Centre of European and International Cooperation (R.I.Z., Cologne), the Centre for Commercial Law Studies (London), the Asian Institute of International Financial Law (Hong Kong), and the SMU Institute of International Banking and Finance (Dallas).

Developments in the interrelated industries surrounding air transportation and space exploitation continue to give rise to new and challenging problems in international law. As more and more countries and private entities use outer space for satellite-based systems of air navigation, telecommunications, and surveillance, significant economic and environmental issues loom ever larger. Moreover, the ongoing exploration of space and celestial bodies in search of commercial possibilities poses new questions, ranging in substance from the proliferation of space debris to intellectual property rights. The Warsaw System of intercarrier liability, although still serviceable, is severely strained by such developments as the products liability of aircraft and satellite manufacturers and the liability involved in the construction and launching of space stations and multipurpose satellites. Aware of the massive convergence of these legal and political challenges, over 200 air and space experts - from the airlines and aerospace industries, from law practice and law faculties, and from civil aviation authorities at national, regional, and international levels - met in Seoul, in June 1997, to search for solutions and to promote and strengthen international co-operation in this crucial sphere. Twenty-three countries were represented. This book is the record of their presentations, discussions, recommendations, and conclusions. The many specific issues and topics raised and analyzed include the phenomenon of trade in launch services; the interdependence of military and satellite systems; new remote sensing technologies and the challenges they present to the Outer Space Treaty of 1967; new airports; the transfer of air traffic control functions; the transnational co-production of aircraft; regional and bilateral air transport agreements; and a great deal more. Numerous cases from a variety of jurisdictions are cited, so that the reader may gain a sense of jurisprudential trends in air and space law as we proceed into the 21st Century.

Pleadings, Oral Arguments, Documents: Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) Volume V

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. Volumes IV to VIII report on European Communities - Measures Affecting the Approval and Marketing of Biotech Products.

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.

In recent decades the world has experienced the rise of so-called 'low intensity conflicts'. Unlike conventional wars these very bloody armed conflicts are no longer the affair of state governments and their armies. In their place appear police-like armed units,security services and secret services, groups and organizations of religious, political and social fanatics ready to resort to violence, 'militias', bands of mercenaries, or just gangs of thugs, led by the condottiere of the 21st century, consisting of militant charismatics, militia 'generals', 'drug barons' and 'warlords' of various kinds. They conduct wars in which the soldiers no longer wear uniforms and there is no meeting of armies in open battle. The armed organizations fight in urban agglomerations and in difficult, inaccessible regions. The combatants fight for religion and quasi-religious ideologies, for the 'rights of the people' or 'national liberation', for power, gain, and booty, and above all for recognition. For the practice of peace, this kind of war has far-reaching consequences. In this book the authors examine various paths to peace and reconciliation in low intensity conflicts. They look at processes of peace making from South Africa and the North of Mali to Indonesia and South East Asia. Common to most studies is that they stress the particular local contexts of peace making tied to the highly localized nature of most low intensity conflicts. The logic of peace has become a logic of local and regional power. The articles shed new light not only on ways and chances of interventions by the international community but also on the role of nongovernmental organisations in violent conflicts.

Can states adopt protectionist cultural policies? What are the limits, if any, to state intervention in cultural matters? A wide variety of cultural policies may interfere with foreign investments, and a tension therefore exists between the cultural policies of the host state and investment treaty provisions. In some cases, foreign investors have claimed that cultural policies have negatively affected their investments, thereby amounting to a breach of the relevant investment treaty. This study maps the relevant investor-state arbitrations concerning cultural elements and shows that arbitrators have increasingly taken cultural concerns into consideration in deciding cases brought before them, eventually contributing to the coalescence of general principles of law demanding the protection of cultural heritage.

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!