Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region. Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea. Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.

This book analyzes the approach of the European Union (EU) to crisis management after the entry into force of the Lisbon Treaty and assesses its suitability for addressing current and future security threats. It primarily provides a framework of analysis with which to interpret current EU crisis management as both a product of the innovations of the Lisbon Treaty and its interaction with the international security environment. It also offers a comprehensive and in-depth examination of the post-Lisbon crisis management system in terms of concepts, structures, process and capabilities. A reality check of this system is conducted by analysing a number of case studies in which the EU recently carried out a crisis management role: the civilian missions EUCAP Sahel Niger, EUCAP Nestor and EUAVSEC South Sudan, and the military operation EUTM Mali. This analysis sheds light on the modalities selected by the EU for intervening in crisis situations, the impact that its interventions have produced and the lessons that the EU has learnt from these experiences.The author points out the structural strengths and weaknesses in the EU's approach to and implementation of crisis management, and shows how they impact on the EU's ability to cope with future crises. This book fills a gap in the existing literature and at the same time provides decision-makers with policy recommendations for improving the EU's performance in this field.

This thoroughly updated and revised second edition combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). The Research Handbook provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law. Expert contributors examine the key theories and concepts of IEL governance and provide an in-depth analysis of IEL principles, supplemented in this new edition by a consideration of the significant actors involved in international environmental law-making and governance. Chapters go on to discuss practical issues, such as dispute settlement and compliance, and analyse selected environmental protection regimes, as well as including a brand new section covering IEL litigation in relation to human rights and climate change. Providing a thorough examination of the major topics in the field, this Handbook will be an indispensable resource for scholars and students of international environmental law. Practitioners and policymakers will also find it useful for its coverage of developments in environmental litigation and the actors involved.

This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination. The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more. Shedding light on a subject that is of contemporary relevance and importance, Legal Fictions in International Law will be an informative read for academics, researchers and students in international law, legal theory and public policy.

This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order. The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law. This will be an invigorating read for legal scholars who deal with the international rule of law, whether at the level of positive law or legal theory. Representatives of international institutions, non-governmental organizations and policy-makers interested in the policy debate on the development and the strengthening of the international rule of law may also find this a useful book.

This thoroughly revised second edition provides an up-to-date account of essential EU climate mitigation law, analysing an area that remains one of the most dynamic fields of EU law. Special attention is paid to the energy sector and to the impact of climate law on broader legal issues, such as energy network regulation and human rights. Written by leading scholars of EU climate law from the University of Groningen, the book addresses the relevant directives and regulations, examining their implementation and impact on current policy and academic debate. Chapters guide the reader through key topics including the EU emissions trading system, renewable energy consumption, and carbon capture and storage. Key features of the second edition include: A clear and accessible introduction to EU climate mitigation law Comprehensive coverage of the climate targets and instruments of the EU Special focus on the relationship between climate law and energy law New classroom questions to stimulate further discussion and debate Educational design based on reviews by climate law students and lecturers. Combining educational design and analytical accuracy, this book will be an indispensable guide for both students and professionals. It is highly recommended for courses on EU climate mitigation law, as well as climate law, energy law, environmental law and EU law.

Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy. Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China. Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.

This unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory. This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.

This timely book explores a critical new juncture where globalisation is in retreat and global norms of behaviour are not converging. Frank Vibert provides an expert analysis on how this situation has arisen from a combination of changes in the relative power and position of nations and the different values behind the organisation of domestic government in democracies and authoritarian states. Vibert challenges the assumption that differences in the way countries organise their domestic form of government can be kept separate from rulemaking at the international level. The book examines how democracies can defend their own values relative to others, the methods of influence, and the ways of managing conflict between contending values. Comity maps a path away from impasse to where democracies cooperate to make rules for themselves that can then be extended to others. It also discusses the legitimacy of this form of international rulemaking. Vibert concludes with the need for democracies to address their own democratic backsliding and to refresh their alliances with other democracies. This book steps back from conventional claims that we are heading towards an ever more globalised world and sets out the importance of norms in shaping institutions, relationships and the techniques of rulemaking. The book will be critical reading for scholars of international relations, constitutional and administrative law, regulation, and international politics. It will also be useful for practitioners in international organisations, governments and administrative bodies.

Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers. Adopting a scenario-based approach, this much-needed book analyses a diverse set of transboundary aquifer agreements and arrangements. With just a handful of such agreements and arrangements around the world, it demonstrates how identifying a normative roadmap for countries that want to begin jointly managing a transboundary aquifer is of paramount importance. Offering an in-depth exploration into the ILC Draft Articles on the Law of Transboundary Aquifers, it provides insight into how this body of law is evolving, and discusses its relation to customary international law. Academics and researchers interested in international water law, environmental law and public international law more widely will find this a unique and compelling work, whilst the book’s practical approach will also make it a useful tool for transboundary aquifer professionals and wider stakeholders working in governments and public bodies dealing with water management around the world.

This timely book explores the complexities of the EU's international economic relations in the context of its commitment to the rule of law both within the Union and internationally. It does so from three main standpoints: the 'autonomy' of the EU and judicial dialogue, the rule of law through treaty drafting, and the role of international courts and tribunals in upholding the rule of law. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations, such as the relationship between EU law and international investment arbitration. The contributions consider how dialogue between EU law and international law can enhance the rule of law, providing an analysis of legal issues that also offers concrete tools for overcoming the challenges that arise from them. Scholars and practitioners working in EU external relations, constitutional EU law, and public international law will find this book to be essential reading. Its critical approach will also be of great interest to policymakers in Europe and beyond.

This unique book focuses specifically on teaching and learning in environmental law, exploring innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy, offering a mix of theory and practical guidance to legal scholars who are seeking to take up, or improve, their teaching of this subject. Providing an examination of teaching formats and methodologies that are both innovative and particularly adapted to the teaching of environmental law, contributions explore topics such as digital learning, joint teaching, flipped classrooms and scenario-based approaches, as well as discussing teacher-based, reflective, student-centred and research-based methods. The book also considers specific contexts for teaching environmental law such as specialized postgraduate programs, supervision methods for research students, teaching within non-law programs, and teaching online. Environmental law scholars at all levels of university instruction will find this book an invaluable opportunity to learn about new methods and approaches to teaching in this area. Its insights into legal teaching methodologies more broadly will also be of interest to legal academics in other areas of the law.

This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries. Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in the assessment of regional human rights regimes. Chapters written by leading scholars and practitioners from around the globe cover a wide range of jurisdictions from Europe, Latin America and Africa and their interactions with regional human rights courts. The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law. Scholars, students and practitioners of public international law, international human rights law and comparative law will find this Research Handbook an invaluable resource. It will also benefit officials and lawyers working with international organisations who deal with human rights issues on a regular basis.

This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.

This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties. Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states. Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.

Across the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community. This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation. This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read.

This invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.

This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.

International law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse. The author, together with invited contributors, builds an argument around theories of epistemological justification. As chapters contend, in international legal discourse, the construction of knowledge about international law presupposes some notion of an international legal system. International legal discourse accommodates several such notions. Each notion derives from a different conception of law. Thus, depending on whether a researcher endorses a legal positivist's, a legal idealist's or a legal realist's conception of law, he or she will be constructing knowledge of international law under different epistemic conditions. The book sheds considerable light on these different conditions, with several chapters exploring how the different notions of an international legal system play out in the context of a series of concrete themes of legal practice. In doing so, the book helps to build a bridge between the practical and more philosophical aspects of this topic. This book will be an ideal companion for scholars of international law. Lawyers and students interested in legal theory and philosophy will also benefit from this thought-provoking study.

This updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice. With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.

This timely book explores the relationship between Japan and the European Union as they work increasingly closely together in many areas of global governance. It discusses the most salient areas of such cooperation from a range of perspectives, while examining not just convergences but also differences. Written by experts from both Europe and Japan, interdisciplinary chapters investigate both actors' current approaches to global governance and multilateralism as well as providing a historical perspective on their bilateral relations. The book explores their cooperation in areas stretching from trade and finance to security in light of the recent EU-Japan Economic Partnership Agreement and Strategic Partnership Agreement. Offering insights into their current relationship, it outlines challenges for the future, and draws relevant lessons from the history of global governance in Asia and Europe. Scholars of Asian and European law with an interest in international governance and regulation, and particularly those working in EU-Japan affairs, will find this a significant and stimulating read. It will also be useful for policy-makers in the EU and Japan working in international security, trade, and economic, monetary and financial policy.

This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both 'hard' and 'soft' innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient. In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation. Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.

In the post-9/11 era, the nexus between organized crime and terrorism has raised much concern and has been widely discussed in both academic and policy circles, but is still largely misunderstood. This critical book contributes innovatively to the debate by distinguishing three types of nexus-interaction, transformation/imitation and similarities-and identifying the promoting factors of each type. With its multifaceted but complementary chapters, the book provides conceptual and theoretical frameworks for readers, as well as the evidence needed to develop more realistic, effective and humane policies to tackle organized crime, terrorism and the nexuses between them. Bringing together a range of international multidisciplinary specialists, it includes three comparative analyses of worldwide transfers of personnel, weapons and money between organized crime and terrorism and 12 case studies examining local manifestations of the nexus in Africa, Asia, Europe and the Americas. Two other chapters further review the national, European and international policies adopted and implemented so far to deal with the different nexuses. This book will be a valuable resource for researchers and policymakers in the fields of comparative law, criminal law and justice and public policy, who specialize in the analysis and control of organized crime and terrorism. It will also appeal to senior law enforcement officials and practitioners due to the counterintuitive policy implications drawn from the comparative analysis of the findings.

The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. By looking at the premise, rather than the implication, the author presents the arcane areas of intersection between access to justice, as a foundational theory for third party funding, and the arbitration funding practice that lacks a unifying framework. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder. This book will be of interest to third party funders, arbitrators, lawyers, arbitral institutions, academics, and law students.

This comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.