This book focuses on the reality of China's modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges. In order to illustrate the methods of jurisprudence and sociology of law in the context of China's judicial practice and practicability of applicable laws, it also addresses judicial methodology and Chinese judges' trial methods. Based on comparative study and aiming at global judicial reform, the book provides valuable guidance and insights for readers pursuing a detailed understanding of modern Chinese judiciary, Chinese judges and Chinese rule of law. The book is intended to primarily serve the need of legal professionals around the world, in particular those who are interested in China's judicial system.

A point-counterpoint challenge of the views expressed by Vice President Al Gore in Earth in the Balance, this important study questions current assumptions about the cost and effectiveness of environmental laws and policies, revealing the crucial link between programs of population control and long-term environmental goals. Governmental policy on the environment, as well as private environmental action, has typically been curative and reactive in nature--directed towards cleaning up past disasters and limiting the types and amounts of pollutants emitted. But what is the cost-effectiveness of such policies at a time when the population of the world continues to expand at an exponential rate? And what should be the role of population control in environmental policy? Robert Hardaway explores these issues and questions, refocusing attention on the importance of population growth to environmental quality. Synthesizing contemporary population theories in the context of environmental policy, Hardaway relates population, law, and the environment to abortion, immigration, education, and economic regulation.

The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving "an ever closer Union". Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.

The growing use of U.S. and multilateral economic sanctions -- and the increasing and controversial attention such measures are attracting internationally -- create a need for a detailed legal analysis of the subject and its policy implications for both U.S. practitioners and their counterparts in other countries. The expanding field of sanctions is especially worthy of close scrutiny as it generates significant (and often inadvertent) influence on finance and trade. Increasingly, lawyers and business people involved in international transactions must take account of the risks, both actual and potential, inherent in compliance with economic sanctions on trading partners. This major new work, a completely revised successor edition to the author's much-cited Economic Sanctions and U.S. Trade, shifts the main emphasis from the mechanics of applying foreign policy objectives to a careful and complete articulation of what those goals are or ought to be -- an approach that leads inevitably to a concrete methodology for assessing the effectiveness of sanctions. In the process the book examines such salient characteristics of the current and developing sanctions regime as the following: + the growing prominence of U.S. Congressionally-mandated sanctions programs; + the complex interaction of economic sanctions and trade policy; and + the marked increase in multilateral sanctions programs in which the U.S. is a participant. In-depth analysis of major U.S. sanctions programs (those imposed on Cuba, Libya, and Iraq, as well as several other lesser programs) presents numerous hypothetical but realistic international scenarios, demonstrating their working-out under the practical application of specific elements of each sanctions program. In this way U.S. Economic Sanctions: Theory and Practice provides the clearest, most explicit view of the legal contours and effects of this enormously significant aspect of international relations today.

Vast amounts of money are said to be laundered through financial intermediaries in the United Kingdom, thereby potentially affecting the integrity of the financial markets. This work offers a critical examination of the criminal anti-money laundering provisions and their impact on financial intermediaries, which may play a facilitating role in the money laundering process. It further considers the efficacy of the criminal law in reducing the incidence of money laundering when used in conjunction with civil liability and financial market regulation. The crucial issues relating to financial intermediaries concern the interaction between procedural norms and equitable or criminal liability, the conflicts between disclosure and client confidentiality, the privilege against self-incrimination, and the procedural aspects of imposing corporate criminal liability. The author analyzes these in detail and considers to what extent the present provisions may need modification, particularly in light of the demands of procedural fairness laid down in the European Convention on Human Rights. Finally, the book considers the impact of the international nature of money laundering on United Kingdom financial intermediaries, in terms of enforcement and the extra-territorial application of laws and disclosure orders.

Drawing upon Robbie Sabel's first-hand involvement with many legal negotiations in the Arab-Israeli conflict, International Law and the Arab-Israeli Conflict examines international law in relation to the conflict by analysing its major events and agreements, both historical and contemporary. Outlining the role of international law from the collapse of the Ottoman Empire until the present day, it considers the legal elements of the various peace treaties that Israel has signed with its neighbouring Arab States. Using his expertise as a professor, practitioner and ambassador, Sabel endeavours to represent both sides of the conflict, offering a wealth of counter-arguments and adding his own legal interpretations. With this valuable resource, students and researchers working within a range of disciplines can fully appreciate the role of international law in the Arab-Israeli conflict.

Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations. Using detailed case studies, historical mapping and legal analysis, the contributors show how various actors (farmers, civil society groups, government officials, international bodies) use or could use different legal tools (legislative, jurisprudential, norm-setting) on various scales (local, national, regional, global) to achieve structural changes in food systems. Section 1, Institutionalizing New Approaches, explores the possibility of institutionalizing social change through two alternative visions for change - the right to food and food sovereignty. Individual chapters discuss Via Campesina's struggle to implement food sovereignty principles into international trade law, and present case studies on adopting food sovereignty legislation in Nicaragua and right to food legislation in Uganda. The chapters in Section 2, Regulating for Change, explore the extent to which the regulation of actors can or cannot change incentives and produce transformative results in food systems. They look at the role of the state in regulating its own actions as well as the actions of third parties and analyze various means of regulating land grabs. The final section, Governing for Better Food Systems, discusses the fragmentation of international law and the impacts of this fragmentation on the realization of human rights. These chapters trace the underpinnings of the current global food system, explore the challenges of competing regimes of intellectual property, farmers rights and human rights, and suggest new modes of governance for global and local food systems. The stakes for building better food systems are high. Our current path leaves many behind, destroying the environment and entrenching inequality and systemic poverty. While it is commonly understood that legal structures are at the heart of food systems, the legal academy has yet to make a significant contribution to recent discussions on improving food systems - this book aims to fill that gap."

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation.

The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe."

This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters. The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law. The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines. Marco Odello, JD (Rome), LLM (Nottingham), PhD (Madrid) is a Reader in Law at Aberystwyth University, Wales, UK. Francesco Seatzu, JD (Cagliari), PhD (Nottingham) is Professor of International and European Law at the University of Cagliari, Sardinia, Italy.

This book describes how non-profit organisations (NPOs) communicate what they constitute, signal success and display sustainability in order to convince stakeholders to provide essential resources. Reports on intellectual capital offer a worthwhile approach. Based on empirical research, the book highlights the essential resources for NPOs and on the demand imposed on organisations, as well as the dependencies of those resources and demands. This insight helps NPOs to provide necessary information while keeping the disclosure to a minimum and thus not giving away possible competitive advantages. Further, the status-quo of IC disclosure in Germany is presented and a theoretical framework for the motivation for NPOs to disclose information on their IC is presented. Researchers will find these findings a solid foundation for further research. Finally, a framework for the disclosure of intellectual capital is provided to support practitioners.

The International Corporate Law Series is dedicated to the publication of scholarly writing on issues in the area of international and comparative corporate law. This volume includes contributions from the following: Dr Adedeji Adekunle of the University of Lagos writing on Nigerian corporate regulation; Professor Stephen Bottomley of the Australian National University writing on corporate governance; Professor John Braithwaite of the Australian National University and Dr Peter Drahos of the Queen Mary Intellectual Property Research Institute writing on the globalisation of corporate regulation; Professor Yves Chaput of the Universite de Paris I writing on developments in French corporate law; Rasiah Gengatharen of the University of Western Australia writing on corporate law reform and futures regulation in Australia; Dr John Gillespie of Deakin University writing on the transplantation of company law in Vietnam; Desmond Guobadia writing on developments in Nigerian corporate law; Jean-Phillipe Robe writing on the globalised enterprise within the world economy; Richard Tudway writing on the juridical nature of the corporation; and Professor Junko Ueda writing on recent developments in Japanese corporate law.

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court.The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavor to the institution through the portraits of some of the great figures that have served as its judges. Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations. Contents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court - Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) Index

This book strives to take stock of current achievements and existing challenges in nuclear verification, identify the available information and gaps that can act as drivers for exploring new approaches to verification strategies and technologies. With the practical application of the systems concept to nuclear disarmament scenarios and other, non-nuclear verification fields, it investigates, where greater transparency and confidence could be achieved in pursuit of new national or international nonproliferation and arms reduction efforts. A final discussion looks at how, in the absence of formal government-to-government negotiations, experts can take practical steps to advance the technical development of these concepts.

The new security challenges that have arisen as a result of the rise in prominence of global terrorism have presented the European Union with a unique opportunity to rebrand itself as dominant force on the international stage. Traditionally viewed as a weak actor, it efforts to promote intelligence-sharing and by instituting wide-ranging cooperation between national police forces have ensured that the EU is well-placed to combat the challenges posed by global terrorism and have given it renewed vigour as an international actor. Through contributions from experts on the EU and global security, this book discusses the measures taken by the European Union to counter terrorism at a both national and global level as well as drawing wider conclusions on the nature and success of the confederation as an international security actor focusing specifically on JHA policy. This volume provides an original and much needed contribution to the literature on EU security governance at the global level.

A selection of cases decided by ICC arbitrators during the period 1986-1990. It reproduces case notes including extracts of awards in their original language with a commentary, as well as three indexes - an analytical and chronological one, and a keyword index in English and French - for easy reference. This reference should be of value to all interested in ICC arbitration procedure and ICC awards applying the various laws of a variety of trading nations.

What is the difference between a law degree in the US and the UK? In this unprecedented book, Dr. Kenneth Mwenda, a well-seasoned international lawyer and academic, guides us through the specific details and outlines the core differences of the two largest legal education systems. Dr. Mwenda further helpfully delineates the implications of these differences for commonwealth African law schools. This book will be a critical addition for international law libraries as well as collections in education.
"Drawing on his rich scholarly experience as a former academic in the UK and in Commonwealth Africa, and informed by his wide professional experience as an international attorney in the US, Dr. Kenneth K. Mwenda, provides a first-class treatment of important and salient policy issues underpinning the development of legal education systems in the US, the UK and Commonwealth Africa." - Zacharie Tamainot-Telto, PhD, Senior Research Fellow, University of Warwick, UK

The Role of Customs in International Treaties concentrates on issues of friction between member states of the United Nations. In view of the role played by the United Nations in resolving international disputes, Dimitris Liakopoulos hypothesizes that ""practical guides"" based on custom often catalyze the positions taken by states, courts, scholars, and other actors, constituting an ""orthodox"" position against which formulaic legal opposition will become predictably more difficult. In addition to reiterating what some would say are obvious, on some particularly controversial issues, the United Nations has essentially chosen not to take a position and allowed customs to define conflict resolution.

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

This work analyzes the commercial, legal and financial aspects of the complex process of developing an international energy project for the production and marketing of liquefied natural gas (LNG). The authors describe the essential chains in the commercialization of natural gas as LNG: entrepreneurial aspects; functional LNG facilities; and a linked series of contracts and contractual relationships. The expert contributions show the import and significance of the crucial dependent factors that appear and reappear in all stages of a successful LNG project. Each activity, each facility, each contract must be understood in the context of the overall project development process. By providing an understanding of the whole, this book aims to inform the performance of those who have personal responsibility for only a small part in the development and implementation of an LNG project.

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.

This is a reproduction of a book published before 1923. This book may have occasional imperfectionssuch as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed worksworldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to ensure edition identification: ++++ North Atlantic Coast Fisheries Arbitration At The Hague: Argument On Behalf Of The United States Elihu Root, United States, Great Britain, Permanent Court of Arbitration Robert Bacon, James Brown Scott Harvard University Press, 1917 Fisheries; Fishery law and legislation

Divorce has long been viewed as a single phenomenon affecting two individuals without considering the framework conditions in which it occurs. Due to the increase of divorce rates in the past decades researchers have changed their perspective and have concentrated on the view of divorce as a personal experience that is greatly affected by the socials and economic environment. The aim of this thesis is to investigate divorce that has become a mass phenomenon in our present society. The assumption is that in order to understand the grounds for divorce and its consequences, we have to view divorce as a phenomenon that occurs at the intersection of personal, socio-economic and legal factors. Family disputes involve persons who have interdependent and continued relati- ships and arise in a context of distressing emotions. Separation and divorce affect all the members of the family, especially children. The study presents a comprehensive analysis of divorce as a psychological process that is situated within a social and a legal context. It presents a comprehensive view of divorce as a psychosocial, economic and legal phenomenon and contains a review of the research literature about divorce and its consequences for parents and children. Moreover, it describes divorce by proposing conceptual frames and explanatory models.

Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of theirincreasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

"