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Books > Law > International law
The practice of armed conflict has changed radically in the last
decade. With eminent contributors from legal, government and
military backgrounds, this Research Handbook addresses the legal
implications of remote warfare and its significance for combatants,
civilians, policymakers and international lawyers. Primarily
focused on the legality of all forms of remote warfare, including
targeted killings by drone, cyber-attacks, and autonomous weapons,
each chapter gives a compelling insight beyond the standard and
reactionary criticisms of these technologies. Current assumptions
of remote warfare are challenged and discussed from a variety of
international perspectives. These include governing the use of
force, humanitarian law, criminal law, and human rights law.
Contributors consider the essential features of current warfare
regulations, and test their strength for controlling these new
technologies. Suggestions are made for the future development of
law to control the limits of modern remote warfare, with a
particular focus on the possibility of autonomous weapons. This is
an essential read for academics and students of jus ad bellum,
international humanitarian law, criminal law and human rights.
Students of political science, governance and military studies will
also find this a thought-provoking insight into modern warfare
techniques and the complex legal issues they create. Contributors
include: W. Banks, G. Corn, E. Crawford, A. Cullen, L.
Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S.
Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P.
Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N.
White
Important new policy frameworks call on governments to ensure
respect for human rights by businesses and to secure a transition
to sustainable consumption. Public procurement accounts for a
significant share of the global economy, and nearly 30% of
government expenditure across OECD countries. But what are the
obligations of the state to protect human rights when it acts as a
buyer? And how can procurement be used to drive respect for human
rights amongst government suppliers? This engaging book reflects on
these important questions, from the dual disciplinary perspectives
of public procurement and human rights. Through legal analysis and
practice-focused case studies, the expert contributors interrogate
the role and potential of public procurement as a driver for
responsible business conduct. Highlighting the character of public
procurement as an interface for multiple normative regimes and
competing policies, the book advances a compelling case for a shift
to a new paradigm of sustainable procurement that embraces human
rights as crucial to realising international policies such as those
embodied in the UN Guiding Principles on Business and Human Rights
and 2030 Sustainable Development Goals. Topical and
thought-provoking, Public Procurement and Human Rights will be an
essential read for academics and students of human rights law,
public procurement law, and business and human rights, as well as
practitioners in public procurement and sustainability, and
government officials. Contributors include: B.S. Claeson, E.
Conlon, C. Emberson, P. Goethberg, O. Martin-Ortega, A. Marx, C.
Methven O'Brien, C. Nicholas, O. Outhwaite, G. Quinot, D. Russo, A.
Sanchez-Graells, J. Sinclair, R. Stumberg, A. Trautrims, N. Vander
Meulen, S. Williams-Elegbe
The United Nations claims to exist in order to maintain
international peace and security, providing a space within which
all states can work together. But why, then, does the UN invoke its
responsibility to protect through humanitarian intervention in some
instances but not others? Why is it that five states have the power
to decide whether or not to intervene? This book challenges the
dominant narrative of the UN as an institution of equality and
progress by analyzing the colonial origins of the organization and
revealing the unequal power relations it has perpetuated. Harsant
argues that the United Nations is unable to fulfill its claims
around the protection of international peace and security due to
its very structure and the privilege of certain states. Moreover,
through a rigorous examination of the history of the UN and how
those structures came to be, she argues that the privilege afforded
to these states is the result of power relations established
through the colonial encounter. In order to understand the pressing
contemporary issues of how the United Nations operates,
particularly the Security Council, this book discusses issues of
power and sovereignty by de-silencing the narratives of resistance
and reconstructing a history of the United Nations that takes this
colonial and anti-colonial relationship into account. This is a
bold challenge to the eurocentrism that dominates International
Relations discourse and a call to better understand the
colonialism's role in preserving the existing global order.
The securitization that accompanied many national responses after
11 September 2001, along with the shortfalls of neo-liberalism,
created waves of opposition to the growth of the human rights
regime. By chronicling the continuing contest over the reach,
range, and regime of rights, Contracting Human Rights analyzes the
way forward in an era of many challenges. Through an examination of
both global and local challenges to human rights, including
loopholes, backlash, accountability, and new opportunities to move
forward, the expert contributors analyze trends across
multiple-issue areas. These include; international institutions,
humanitarian action, censorship and communications, discrimination,
human trafficking, counter-terrorism, corporate social
responsibility and civil society and social movements. The topical
chapters also provide a comprehensive review of the widening
citizenship gaps in human rights coverage for refugees, women?s
rights in patriarchal societies, and civil liberties in chronic
conflict. This timely study will be invaluable reading for
academics, upper-level undergraduates, and those studying graduate
courses relating to international relations, human rights, and
global governance. Contributors include: K. Ainley, G.
Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K.
Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa,
A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer,
W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C.
Wright
This book analyses how China has engaged in global IP governance
and the implications of its engagement for global distributive
justice. It investigates five cases on China's IP engagement in
geographical indications, the disclosure obligation, IP and
standardisation, and its bilateral and multilateral IP engagement.
It takes a regulation-oriented approach to examine substate and
non-state actors involved in China's global IP engagement,
identifies principles that have guided or constrained its
engagement, and discusses strategies actors have used in managing
the principles. Its focus on engagement directs attention to
processes instead of outcomes, which enables a more nuanced
understanding of the role that China plays in global IP governance
than the dichotomic categorisation of China either as a global IP
rule-taker or rule-maker. This book identifies two groups of
strategies that China has used in its global IP engagement: forum
and agenda-related strategies and principle-related strategies. The
first group concerns questions of where and how China has advanced
its IP agenda, including multi-forum engagement, dissembling, and
more cohesive responsive engagement. The second group consists of
strategies to achieve a certain principle or manage contesting
principles, including modelling and balancing. It shows that
China's deployment of engagement strategies makes its IP system
similar to those of the EU and the US. Its balancing strategy has
led to constructed inconsistency of its IP positions across forums.
This book argues that China still has some way to go to influence
global IP agenda-setting in a way matching its status as the second
largest economy.
'A fascinating collection of essays that reveal the multiple facets
of lawmaking in an increasingly interconnected world. In addition
to the role played by States, numerous institutional and judicial
actors now contribute to lawmaking. In charting these developments,
this book provides a rich analytical appraisal of the manifold
normative processes in the contemporary international legal order.'
- Laurence Boisson de Chazournes, University of Geneva,
SwitzerlandThe global landscape has changed profoundly over the
past decades. As a result, the making of international law and the
way we think about it has become more and more diversified. This
Research Handbook offers a comprehensive guide to the theory and
practice of international lawmaking today. It takes stock at both
the conceptual and the empirical levels of the instruments,
processes, and actors involved in the making of international law.
The Editors have taken an approach which carefully combines theory
and practice in order to provide both an overview and a critical
reflection of international lawmaking. Comprehensive and
well-structured, the book contains essays by leading scholars on
key aspects of international lawmaking and on lawmaking in the main
issue areas. Attention is paid to classic processes as well as new
developments and shades of normativity. This timely and
authoritative handbook will be a valuable resource for academics,
students, legal practitioners, diplomats, government and
international organization officials as well as civil society
representatives. Contributors: M.S. Barr, B.I. Bonafe, C.
Broelmann, D. Costelloe, J. d'Aspremont, M. Fitzmaurice, M.E.
Footer, G.I. Hernandez, J. Kammerhofer, O. McIntyre, P. Palchetti,
D. Patterson, Y. Radi, F. Romanin Jacur, K. Schmalenbach, O.M.
Sender, M. Tignino, A. Tzanakopoulos, V.P. Tzevelekos, S. Vasiliev,
I. Venzke, W.G. Werner, R.A. Wessel, M. Wood, B.K. Woodward
The monograph aims to verify the thesis that the language rights of
European Union citizens are an important element of the EU’s
respect for the national identities of its Member States guaranteed
in the Treaties. The protection of these rights has been
consistently strengthened in EU law, with citizenship of the Union
playing an important role in this process. The formulated thesis is
verified mainly through the use of the dogmatic and legal methods,
and the comparative legal method. The specific nature of the
subject matter discussed requires an interdisciplinary approach,
and the methods used in the field of linguistics are also applied
mainly with reference to the conceptual apparatus adopted within
the EU legal order.
This book explores a democratic theory of international law.
Characterised by a back-and-forth between theory and practice, it
explores the question from two perspectives: a theoretical level
which reflects and criticizes the categories, words and concepts
through which international law is understood, and a more applied
level focussing on 'cosmopolitan building sites' or the practical
features of the law, such as the role of civil society in
international organisations or reform of the UN Security Council.
Though written for an academic audience, it will have a more
general appeal and be of interest to all those concerned with how
international governance is developing.
Investment Treaty Arbitration is an excellent teaching tool for
lecturers and readers of international investment arbitration. This
casebook includes over forty exercises based on real-life disputes,
helping readers evaluate and analyze all aspects of the topic.
Intended to set out a basis for discussion in seminars, the
material has been developed by the eminent practitioner and
academic Kaj Hober, using a teaching structure proven to be
successful. Key features include: ? extensive examples of cases
alongside seminar exercises and mini mock arbitrations to help
students put their knowledge into practice material built on the
problem-based learning method, using fact patterns and allowing for
in-depth discussion and a confident understanding of complex
arbitration cases? exercises including questions to answer,
problems to solve and group exercises, alongside excerpts of the
relevant cases for annotation and analysis. The most wide-ranging
textbook in the area, covering both substantive investment law and
arbitration, this will become the key casebook for Master?'s level
courses or other advanced courses in international arbitration. It
will also serve as a supplementary text for those studying
investment law more broadly.
The first part of this open access book sets out to re-examine some
basic principles of trade negotiation, such as choosing the right
representatives to negotiate and enhancing transparency as a cure
to the public's distrust against trade talks. Moreover, it analyses
how the Comprehensive and Progressive Agreement for the
Trans-Pacific Partnership (CPTPP) might impact on the Regional
Comprehensive Economic Partnership's (RCEP) IP chapter and examines
the possible norm setters of Asian IP. It then focuses on the
People's Republic of China's (PRC) trade and IP strategy against
the backdrop of the power games between the PRC, India and the US.
The second part of the book reflects on issues related to
investor-state dispute settlement and its relationship with IP,
such as how to re-calibrate the balance in international investment
arbitration, and whether compulsory license of IP constitutes
expropriation in India, the PRC and select ASEAN countries. The
third part of the book questions and strives to improve some of the
proposed IP provisions of CPTPP and RCEP and to redefine some
aspects of international IP norms, such as: pre-grant patent
opposition and experimental use exception; patent term extension;
patent linkage and data exclusivity for the pharmaceutical sector;
plant variety protection; pre-established damages for copyright
infringement; and the restructuring of copyright limitations in the
public interest. The open access edition of this book is available
under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com.
Open access was funded by the Applied Research Centre for
Intellectual Assets and the Law in Asia, School of Law, Singapore
Management University.
As the ice around the Arctic landmass recedes, the territory is
becoming a flashpoint in world affairs. New trade routes, cutting
thousands of miles off journeys, are available, and the Arctic is
thought to be home to enormous gas and oil reserves. The
territorial lines are new and hazy. This book looks at how Russia
deals with the outside world vis a vis the Arctic. Given Russia's
recent bold foreign policy interventions, these are crucial issues
and the realpolitik practiced by the Russian state is essential for
understanding the Arctic's future.Here, Geir Honneland brings
together decades of cutting-edge research - investigating the
political contexts and international tensions surrounding Russia's
actions. Honneland looks specifically at 'region-building' and
environmental politics of fishing and climate change, on nuclear
safety and nature preservation, and also analyses the diplomatic
relations surrounding clashes with Norway and Canada, as well as at
the governance of the Barents Sea. The Politics of the Arctic is a
crucial addition to our understanding of contemporary International
Relations concerning the Polar North.
This book presents thirteen chapters which probe the "tales less
told" and "pathways less traveled" in refugee camp living. Rohingya
camps in Bangladesh since August 2017 supply these "tales" and
"pathways". They dwell upon/reflect camp violence, sexual/gender
discrimination, intersectionality, justice, the sudden COVID camp
entry, human security, children education, innovation, and
relocation plans. Built largely upon field trips, these narratives
interestingly interweave with both theoretical threads (hypotheses)
and tapestries (net-effects), feeding into the security-driven
pulls of political realism, or disseminating from
humanitarian-driven socioeconomic pushes, but mostly combining
them. Post-ethnic cleansing and post-exodus windows open up a murky
future for Rohingya and global refugees. We learn of positive
offshoots (of camp innovations exposing civil society relevance)
and negative (like human and sex trafficking beyond Bangladeshi and
Myanmar borders), as of navigating (a) local-global linkages of
every dynamic and (b) fast-moving current circumstances against
stoic historical leftovers.
Bringing together leading experts on the law of the sea, The South
China Sea Arbitration provides a detailed analysis of the
significant aspects, findings and legal reasoning in the
high-profile case of the South China Sea Arbitration between the
Philippines and China. The book offers a comprehensive overview and
analysis of the major issues discussed in the Arbitration including
jurisdiction, procedure, maritime entitlement, and the protection
of the marine environment. The chapters also explore the
implications of the case for the South China Sea disputes and
possible dispute settlements under the 1982 United Nations
Convention on the Law of the Sea. The robust discussion in each
chapter will be an invaluable contribution to the ongoing debate on
the South China Sea Arbitration. This informative and compelling
book will be essential reading for scholars and students of public
international law, law of the sea, international dispute settlement
and international relations. Policy makers and governmental
officials with responsibility for law of the sea and international
dispute settlement, as well as members of international courts and
tribunals, international organisations and non-governmental
organisations, will find this book a stimulating read. Contributors
include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S.
Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D.
Phan, J.A. Roach, C Symmons
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