Peter van Bergeijk brings together 40 leading experts from all continents to analyze state-of-the-art data covering the sharp increase in (smart) sanctions in the last decade. Original chapters provide detailed analyses on the determinants of sanction success and failure, complemented with innovative research on the impact of sanctions. This timely Research Handbook provides both a thorough discussion of methodology as well as evidence-based policy advice on the efficient application of boycotts, embargoes, and targeted sanctions, including trade, travel and financial sanctions. The use of case studies from Cuba, Iran, North Korea and Russia illustrate developments and demonstrate new methods, including stochastic frontier analysis, comparative quantitative analysis and meta-analysis. Providing crucial information, this Research Handbook will be an excellent resource for academic researchers in international political economy and international relations as well as policy makers within national and global institutions. It will also provide obligatory reading for students also studying within these fields.

This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim's right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system. Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive's main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims. Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.

This incisive book provides key interdisciplinary perspectives on the current challenges faced by EU policymakers in framing and implementing a coherent European industrial policy, employing specific case studies from the digital, automotive, steel and defence industries as well as concrete examples of EU policies. Comprehensive and analytical, the book investigates the long-term structural causes of the absence of a strong industrial policy at Union level. Examining the tensions that exist between member states and EU institutions regarding industrial and competition policies, expert contributions assess the conditions for an integrated EU industrial policy to emerge. A comparative analysis between the industrial policies of the EU, US and China is developed as chapters explore how the EU maintains its position in global value chains while other major partners are forced to pursue strategic trade and industrial policies to retain their dominant position. The book concludes with a presentation of prospective scenarios to assess the future technological evolution of the EU. EU Industrial Policy in the Multipolar Economy will be an essential resource for academics and practitioners concerned with EU current affairs, global governance, industrial economics and international trade. Its use of case studies and original data will allow governments, EU institutions, NGOs and EU public affairs consultants and analysts to assess their policymaking options in the fields of research, industrial policy and sustainable development.

Essential Texts in International Law draws together the most important documents needed for the study of international law in a uniquely handy, user-friendly format. Unlike most other texts of this nature, the documents are organised according to subject matter for ease of reference: United Nations and International Peace and Security; State Transactions; State Immunity; State Responsibility; Diplomatic Relations; Economic Relations; Land, Sea, Air and Space; Human Rights; the Environment; and International Criminal Law. Each document has been allocated a unique number, which facilitates navigation for use in the classroom, and is complemented by a detailed subject index. Key features: - Concise but authoritative selection of the essential texts makes this focussed and user-friendly - Intuitive organisation of documents by subject - Unique reference number for each document facilitates navigation - Small, handy reference format for carrying to class

This timely Research Handbook offers an insightful review of how legal systems - whether domestic, international or transnational - can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D. Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.

This book provides a comprehensive analysis of the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. The editors cover the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. While postulating a public international law framework for offshore oil and gas operations globally and exploring critical elements thereof, this book draws heavily on comparative assessments of domestic concepts and approaches, especially as regards offshore safety, liability for and compensation of harm, and mass tort claims procedures. With a team of experts from all over world as contributing authors, the book offers a unique perspective on what remains a pressing international concern: The safety of offshore operations globally and the proper allocation of loss should a major accident occur. Government officials, international civil servants and academics in related fields will find the book a valuable resource.

Examining the existing legal framework for ocean carbon dioxide removal (CDR), this forward-thinking book highlights potential legal challenges and opportunities associated with using the ocean to remove and store carbon dioxide from the atmosphere. It describes five commonly discussed ocean CDR techniques, including rock-based ocean alkalinity enhancement (OAE), electrochemical OAE, ocean fertilization, artificial upwelling and downwelling, and seaweed cultivation, and explores the legal issues that different techniques could raise. This timely book explores the laws governing ocean CDR research and deployment at the international level and domestically in seven countries across Asia, Europe, and North America. The analysis highlights the complexities and uncertainties associated with applying existing international and domestic law to ocean CDR, providing lawyers and policymakers with invaluable insights into areas where legal reforms are needed to facilitate in-ocean research and deployment. This book is essential reading for lawyers, policymakers, and others interested in advancing innovative climate change solutions. It will also appeal to academic and private sector scientists who are conducting research into ocean CDR.

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

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.

Climate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation. Prior to becoming an academician, the author garnered over fifteen years' practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.

This collection addresses human rights and development for researchers, policymakers and activists at a time of major challenges. 'Critical issues' in the title signifies both the urgency of the issues and the need for critical rethinking. After exploring the overarching issues of development and economic theory, gender, climate change and disability, the book focuses on issues of technology and trade, education and information, water and sanitation, and work, health, housing and food. The chapters then examine how to operationalize human rights in development through accountability, the right to development, indicators and the Sustainable Development Goals. The conclusion proposes international standards and social mobilization for human rights and sustainable development as normative and policy-oriented tools for addressing the climate emergency, the coronavirus pandemic, social inequality, racial injustice, and the rise of populist authoritarianism and for advancing social justice and the equal value of all human beings. This book is of interest to students of development and human rights studies, international relations, international law and contemporary social issues, as well as professionals working at government, intergovernmental and civil society organizations dealing with these issues.

Adopted in the aftermath of the Second World War and implemented as a 'living instrument', the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book - also a Special Issue of the Journal of Human Rights and the Environment - brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises. Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris. Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.

This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values. Articulated in two sections, the first analyses the opportunities and the challenges that blockchain and distributed ledger technologies raise in the field of public and constitutional law, while the second highlights challenges derived from the intersection between blockchain and other legal fields such as contract law, financial law and antitrust law. A wide variety of expert contributions offer further examinations of the constitutional challenges of blockchain technologies that provide regulatory options for governments and lawmakers. Blockchain and Public Law will be a critical point of reference for scholars and students of legal theory, public policy and governmental law. It will also be beneficial to legal practitioners and lawmakers to further develop their knowledge of the field of blockchain at national and international levels.

This timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses' compliance with environmental regulation, in particular, could be improved. The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair. Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.

This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment. Offering a complete review of the environmental impacts of shipping, Michael Tsimplis analyses the compatibility of maritime conventions with environmental norms, developing a methodology using publicly available documents of the International Maritime Organisation. He discusses what would be required in terms of governance for sustainability in the maritime sector, proposing a number of ways of removing barriers within a strategy of zero discharges, zero emissions, and zero impact. Scholars and students of maritime and environmental law will find this book's analysis of how environmental principles affect both public and private law aspects of the shipping sector illuminating. It will also be of interest to policy makers and regulators in the maritime and environment sectors looking for an overview of the issues involved in improving environmental performance in shipping. - Regina Asariotis, United

The United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to govern most economic relationships in North America, including the more than $1.3 trillion in annual regional trade in goods and services, for the foreseeable future. USMCA preserves the bulk of the NAFTA structures that permit North American manufacturers to compete effectively with their European and Asian counterparts in North American and foreign markets. Once in effect, USMCA should largely resolve the chilling effect on investment and new hiring generated by three years of uncertainty over NAFTA's future. This book provides a detailed analysis and critique of the provisions of the USMCA and the USMCA's relation to NAFTA. It is designed to assist lawyers and non-lawyers alike, including law, economics and public policy scholars, business professionals and governmental officials who require an understanding of one of the worlds' most economically and politically significant regional trade agreements.

Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. Volume 9 provides fresh perspectives on key topics including the notion of consequence in adjudication, legal illiteracy, and the nature of police defense behavior. Chapters by expert contributors in the field provide an insightful review of other crucial areas of Chinese law such as budgetary law, criminal law, copyright infringement, and labor contract law. Including illustrative case studies, and shining a light on new legal developments in China, this work is a rich resource for scholars of Chinese law and politics all over the world, as well as for policy-makers in the region.

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today. Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research. Contributors include: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrat, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. Zawawi

This casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others. Incorporating lessons learned from her experiences as a practitioner and a law professor, the author navigates and provides snapshots of priority issues and themes in the field of the human rights of women. In each chapter, students are encouraged to reflect and answer questions alluding to the intricacies, challenges, and advances in the protection and exercise of women's rights in modern times. The chapters also include many case judgments, decisions, views, and general recommendations adopted by universal and regional bodies and courts advancing the development of women human rights issues. This analysis is complemented by key scholarship, reports, and statements produced in the area of the human rights of women and its different features. Students of issues concerning human rights, women, gender equality, and international law will attain a thorough understanding of the field through this contemporary casebook.

Inspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders. Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date. Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.

This timely book unpacks the idea of 'disaster' from a variety of approaches, broadening understanding and improving the usability of this complex and often contested concept. Including multidisciplinary perspectives from leading and emerging scholars, it offers reflections on how the concept of disaster has been shaped by and within various fields of research, providing complementary and thought-provoking comparisons across many domains. Functioning as an important point of reference between and across disciplines, chapters explore the forces and building blocks of disaster and how these are interpreted, providing opportunities for dialogue between multiple points of view. The book concludes with a broader, integrated discussion of the aspects of disaster research covered, putting forward suggestions for further cooperation between disciplines and a future research agenda. Defining Disaster will be a fascinating read for disaster researchers in disciplines including law, sociology, and social and public policy who wish to improve their understanding of how their work maps onto the wider field. It will also be beneficial for policy makers and practitioners in this area looking for a rounded view of contemporary cross-disciplinary research on the subject.

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-Albin

This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy. Building a pathway to literacy in climate change policy, chapters provide an accessible overview of key energy regulations and laws governing energy projects, legal mechanisms to regulate GHG emissions, and the role of state and local governments in developing mitigation and adaptation policy, particularly in the building and transportation sectors. The authors highlight the relationship between human rights and climate change using the framework of human rights law, analyze the use of litigation to compel climate change mitigation and adaptation and suggest ways to achieve international cooperation. Providing a deep understanding of ongoing debates about the design and implementation of climate change law and policy, this book will be an essential resource for students and researchers of environmental and climate change law, governance, and regulation. It will also be useful for policymakers and practitioners in the field for its practical insights into future developments and solutions.

This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law. Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment. This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.

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.