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Books > Law > International law
The speed of technological change is demonstrated not least by the
new military technologies that are in use or are currently being
developed. For example, the use of remote-controlled and
semi-autonomous weapons systems has long been standard in the armed
forces, and advances in artificial intelligence mean that more
"decision-making " can be expected to be transferred to the
machines used by the military. But not everything that is
technologically possible is ethically justifiable. This volume,
which brings together contributions to an annual conference of the
European Chapter of the International Society for Military Ethics,
attempts to address the ethical and legal problems posed by
emerging military technologies. In a number of exciting essays,
internationally renowned researchers present their insights.
This book examines the role of imagination in initiating,
contesting, and changing the pathways of global cooperation.
Building on carefully contextualized empirical cases from diverse
policy fields, regions, and historical periods, it highlights the
agency of a wide range of actors in reflecting on past and present
experiences and imagining future ways of collective problem
solving. Chapters analyse the mobilizing, identity, cognitive,
emotional, and normative effects through which imaginations shape
pathways for global cooperation. Expert contributors consider the
ways in which actors combine multiple layers of meaning-making
through practices of staging the past and present as well as in
their circulation. Exploring the contingency and open-endedness of
processes of global cooperation, the book challenges more systemic
and output-oriented perspectives of global governance. Its
synthesis of ways in which imaginations inform processes of
creating, contesting, and changing pathways for global cooperation
provides a novel conceptual approach to the study of global
cooperation. Interdisciplinary in approach, this authoritative book
offers new ways of thinking about global cooperation to scholars
and students of international relations, development studies, law
and politics, international theory, global sociology, and global
history as well as practitioners and policy-makers across various
policy fields.
This collection brings together a range of international
contributors to stimulate discussions on time and international
human rights law, a topic that has been given little attention to
date. The book explores how time and its diverse forms can be
understood to operate on, and in, this area of law; how time
manifests in the theory and practice of human rights law
internationally; and how specific areas of human rights can be
understood via temporal analyses. A range of temporal ideas and
their connection to this area of law are investigated. These
include collective memory, ideas of past, present and future,
emergency time, the times of environmental change, linearity and
non-linearity, multiplicitous time, and the connections between
time and space or materiality. Rather than a purely abstract or
theoretical endeavour, this dedicated attention to the times and
temporalities of international human rights law will assist in
better understanding this law, its development, and its operation
in the present. What emerges from the collection is a future - or,
more precisely, futures - for time as a vehicle of analysis for
those working within human rights law internationally.
The Impact of COVID on International Disputes includes
contributions from global arbitration experts, including legal
practitioners and academics, takes a fresh look at issues addressed
in international arbitration during the COVID-19 pandemic,
gathering best practices, additional perspective and predictions
based on current practices that will help -parties, counsel and
arbitrators through proceedings.
Peace is an elusive concept, especially within the field of
international law, varying according to historical era and between
Research Handbook responds to the gap created by the neglect of
peace in international law scholarship. Explaining the normative
evolution of peace from the principles of peaceful co-existence to
the UN declaration on the right to peace, this Research Handbook
calls for the fortification of international institutions to
facilitate the pursuit of sustainable peace as a public good. It
sets forth a new agenda for research that invites scholars from a
broad array of disciplines and fields of law to analyse the
contribution of international institutions to the construction and
implementation of sustainable peace. With its critical examination
of courts, transitional justice institutions, dispute resolution
and fact-finding mechanisms, this Research Handbook goes beyond the
traditional focus on post-conflict resolution, and includes areas
not usually found in analyses of peace such as investment and trade
law. Bringing together contributions from leading researchers in
the field of international law and peace, this Research Handbook
analyses peace in the context of law applicable to women, refugees,
environmentalism, sustainable development, disarmament, and other
key contemporary issues. This thoughtful Research Handbook will be
a crucial tool for policymakers, practitioners, and academics in
the fields of international law, human rights, jus post bellum, and
development. Its comprehensive insights to the field will also be
of benefit for students of political science, law, and peace
studies. Contributors: B.A. Andreassen, C.M. Bailliet, D. Behn, K.
Egeland, O. Engdahl, O.K. Fauchald, J. Garcia-Godos, C.
Hellestveit, M. Janmyr, S. Kanuck, K.M. Larsen, K. Liden, G.
Nystuen, S. O'Connor, J.C. Sainz-Borgo, K. Skarstad, V.B. Strand,
H. Syse, A Tadjdini, C. Voigt, C. Weiss, P. Wrange, G. Zyberi
The Open Access publication of this book has been published with
the support of the Swiss National Science Foundation. Are
unilateral economic sanctions legal under public international law?
How do they relate to the existing international legal principles
and norms? Can unilateral economic sanctions imposed to redress
grave human rights violations be subjected to the same legal
contestations as other unilateral sanctions? What potential
contribution can the recently formulated doctrine of Common Concern
of Humankind make by introducing substantive and procedural
prerequisites to legitimise unilateral human rights sanctions?
Unilateral Sanctions in International Law and the Enforcement of
Human Rights by Iryna Bogdanova addresses these complex questions
while taking account of the burgeoning state practice of employing
unilateral economic sanctions.
This volume, now in its second and revised edition, deals with the
legal status of the three Baltic States - Estonia, Latvia and
Lithuania - as a consequence of the illegality of the Soviet
annexation in 1940-1991. It offers a detailed historical overview
of the Soviet takeover of the Baltic States in 1939/1940 and
analysis of international law as it was in force, also regionally
and bilaterally, at the time. It examines the role of the
continuity of the diplomatic representations of the Baltic States
and other manifestations of the Western non-recognition of the
Soviet annexation. Moreover, the book examines the nature of the
restoration of the Baltic States in 1991 based on their State
continuity claim. It also studies in detail questions such as
borders, citizenship and reparation claims, and asks to what extent
State continuity could or could not be restored in practice.
International investment law is one of the most dynamic fields of
international law, and yet it has been criticised for failing to
strike a fair balance between private and public interests. In this
valuable contribution to the current debate, Valentina Vadi
examines the merits and pitfalls of arbitral tribunals? use of the
concepts of proportionality and reasonableness to review the
compatibility of a state?s regulatory actions with its obligations
under international investment law. Investment law scholars have
hitherto given greater attention to the concept of proportionality
than to reasonableness; this pivotal book combats this trajectory
by examining both concepts in such a way that it does not advocate
one over the other, but instead enables the reader to make informed
choices. The author also explores the intensity of review as one of
the main tools to calibrate the different interests underlying
investor-state arbitrations. This timely book offers a useful
conceptual framework for reconciling the opposing interests at
stake, making it a valuable resource for international law scholars
and practitioners and other interested readers.
Human rights are at a crossroads. This book considers how these
rights can be reconstructed in challenging times, with changes in
the pathways to the realization of human rights and new
developments in human rights law and policy, illustrated with case
studies from Africa, Europe, and the Americas. Contesting Human
Rights traces the balance between the dynamics of diffusion,
resistance and innovation in the field. The book examines a range
of issues from the effectiveness of norm-promotion by advocacy
campaigns to the backlash facing human rights advocates. The expert
contributors suggest that new opportunities at and below the state
level, and creative contests of global governance, can help
reconstruct human rights in the face of modern challenges. Critical
case studies trace new pathways emerging in the United Nations'
Universal Periodic Review, regional human rights courts,
constitutional incorporation of international norms, and human
rights cities. With its innovative approach to human rights and
comprehensive coverage of global, national and regional trends,
Contesting Human Rights will be an invaluable tool for scholars and
students of human rights, global governance, law and politics. It
will also be useful for human rights advocates with a keen interest
in the evolution of the human rights landscape. Contributors
include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P.
Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S.
Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl
Renmin Chinese Law Review, Volume 7 is the seventh 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 7 delivers new
insights into a wide range of topics including compulsory
commercial insurance systems, injurious acts in competitive sports,
the trust mechanism in private law, and justification on local rule
of law. Distinguished contributors also consider the regulation of
performance requirements, the mode of criminal proof, and the
meaning of silence in civil and commercial interactions as well as
a number of other pertinent developments in Chinese law. Containing
a diverse and contemporary collection of work, this study will
appeal to academics and governmental professionals working in the
fields of Chinese law, society, and politics in addition to members
of diplomatic communities. Contributors include: G. Chen, M. Gu, L.
Han, Y. Jin, Q. Liu, W. Luo, F. Ni, Y. Qian, Y. Shi, G. Sun, R.
Sun, L. Wang, H. Xu
Praise for previous edition: "...a comprehensive,
meticulously-researched study of contemporary international law
governing the use of armed force in international relations...'
Andrew Garwood-Gowers, Queensland University of Technology Law
Review, Volume 12(2) When this first English language edition of
The Law Against War published it quickly established itself as a
classic. Detailed, analytically rigorous and comprehensive, it
provided an indispensable guide to the legal framework regulating
the use of force. Now a decade on the much anticipated new edition
brings the work up to date. It looks at new precedents arising from
the Arab Spring; the struggle against the "Islamic State" in Iraq
and Syria; and the conflicts in Ukraine and Yemen. It also reflects
the new doctrinal debates surrounding recent state practice.
Previous positions are reconsidered and in some cases revised,
notably the question of consensual intervention and the very
definition of force, particularly, to accommodate targeted
extrajudicial executions and cyber-operations. Finally, the new
edition provides detailed coverage of the concept of self-defense,
reflecting recent interpretations of the International Court of
Justice and the ongoing controversies surrounding its definition
and interpretation.
This book provides the first comprehensive introduction to the role
of humanity in international law, offering a fresh perspective to a
discussions with global implications. The 1990s and the first
decade of the twenty-first century witnessed the sporadic emergence
of a new vision of global law. Although the vision has taken many
different forms, all instances of it have been uniform in the
attempt of radically altering how we understand international law
by seeking to posit the human as the primary subject of the
international legal order and humanity as its main source of
legitimacy. Together, this book calls these instances "the law of
humanity project". In so doing, it also paints a picture of and
critically assesses a particular moment in the history of
international law - a moment which may have already come to a
sudden end as a consequence of the current populist backlash in
world politics, but during which it seemed inevitable that the law
of humanity vision would come to play an increasingly important
role in world affairs.
Digital Platforms and Global Law focuses on digital platforms and
identifies their relevant legal profiles in terms of transnational
and international law. It qualifies digital platforms as private
legal orders, which exercise the legislative, executive, and
(para)jurisdictional power within them. Starting from this
assumption, the author studies the relationship between these
orders and state, transnational, and international orders. The book
first explores the reasons for the inadequacy of the current
regulatory matrix and goes on to detail the need for a new
paradigm; a shift from the current matrix of market regulation to
one of negotiation. The author then examines the lack of
effectiveness of current tools and explores how better versions,
tools of uniform law, are emerging. This unique exploration will
appeal to governments, regulatory authorities, digital platforms,
businesses, and students and will find further audience with policy
makers and practitioners.
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.
Through the analysis of Al-Shaybani?'s most prolific work As-Siyar
Al Kabier, this book offers a unique insight into the classic
Islamic perspective on international law. Despite being recognised
as one of the earliest contributors to the field of international
law, there has been little written, in English, on Al-Shaybani?'s
work; this book will go some way towards filling the lacuna.
International Islamic Law examines Al-Shaybani?'s work alongside
that of other leading scholars such as: Augustine, Gratian,
Aquinas, Vitoria and Grotius, proving a full picture of early
thinking on international law. Individual chapters provide
discussion on Al-Shaybani?'s writing in relation to war, peace, the
consequences of war and diplomatic missions. Khaled Ramadan Bashir
uses contemporary international law vocabulary to enable the reader
to consider Al-Shaybani?'s writing in a modern context. This book
will be a useful and unique resource for scholars in the field of
international Islamic law, bringing together and translating a
number of historical sources to form one accessible and coherent
text. Scholars researching the historical and jurisprudential
origins of public international law topics, such as: international
humanitarian law, ?just war?, international dispute resolution,
asylum and diplomacy will also find the book to be an interesting
and valuable text.
Written by one of the world's leading academics in the field of the
law of international organizations, this book provides what it
claims to offer. It is an introduction as it gives in a nutshell an
easy-to-read general overview. It is advanced in the sense that it
is written on the basis of profound knowledge of the field, and it
has an excellent bibliography for those who want more. Like
Rembrandt in his later works, Jan Klabbers is painting with broad
strokes, in his own style, providing those who are not experts in
the field a modern framework for better understanding international
organizations and their law.' - Niels Blokker, Leiden University,
the Netherlands'International organizations are a major factor in
world affairs and in all areas of human collaboration. This book is
a valuable resource next to existing textbooks and treatises on
international institutional law. It offers a concise and engaging
account of the role of international organisations and, in clear
language, sets out what is the legal framework for their manifold
activities and political operations. Great reading, and the
essential introduction to international organisations as political
and legal actors in the world today.' - Catherine Broelmann,
University of Amsterdam, the Netherlands 'This book offers far more
than an introduction - even an advanced one. It is an essential
tool for the understanding of, and further research on,
international organizations. It is full of insight and original
analysis.' - Marc Weller, University of Cambridge and Lauterpacht
Centre for International Law, UK 'This book provides an excellent
introduction to the law of international organizations, with a
succinct and up-to-date analysis of the law. It is a very welcome
addition to the literature on the subject and is by an established
author in the field. It places the law in a wider political
context, making it an interesting book for readers interested in
both international law and international relations. The content and
the style of presentation make the book accessible for readers at
both introductory and advanced level.' - Surya Subedi, University
of Leeds, UK and the UN Special Rapporteur for Human Rights in
Cambodia Elgar Advanced Introductions are stimulating and
thoughtful introductions to major fields in the social sciences and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This highly readable introduction gives a nuanced overview
of the legal mechanisms behind the operation of international
organizations such as the UN, the EU and the World Bank. It offers
perceptive insights by placing the law of international
organizations in a political context and presents a systematic
discussion of a variety of relevant legal notions, ranging from the
powers of international organizations to mechanisms of
accountability. Written by a leading authority on the topic, it
provides a concise and accessible examination of this developing
facet of international law. Key features include: - Well-written
and clearly organized arguments - Up-to-date with the latest
developments - A focus on the bigger picture, rather than any one
detail - Discusses law in a global context.
EU Telecommunications Law provides a comprehensive overview of the
current European regulatory framework as it applies to
telecommunications and examines the challenges facing regulators in
this sector. Key chapters focus on the selection of appropriate
regulatory models that serve to encourage effective investment in
next-generation networks and ensure their successful deployment.
Andrej Savin provides an up to date overview of all the relevant
sources, guiding the reader through these disparate materials in a
simple and systematized way. In particular, the book provides
analysis of the 2016 proposal for a European Electronic
Communications Code (EECC). Using the 2009 Regulatory Framework on
electronic communications as a basis the author analyses each of
the 2009 framework?s five main directives, comparing them with the
changes proposed in the EECC. Providing a comprehensive
introduction to the main areas of EU telecoms regulation, this book
will be of great value to telecoms and IT lawyers. It will also
appeal to academics carrying out research in IT law or competition
law as it relates to IT and telecoms.
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