This Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world. Key Features: Comparative and thorough analysis of the provisions of the Model Law Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.

This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities. Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making. Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.

This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions. Written in a scholarly yet engaging style, this insightful book reveals foundational concepts for the conventions' regimes, from the legal relationships they govern, to the manner of their implementation in national law. Employing legal history and comparative law to support his arguments, David Cluxton enriches the doctrinal analysis with an in-depth academic study of the legal background to, and drafting history of, the Warsaw Convention, the subsequent development of the relevant issues, and the case law and commentary thereon. Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions will be a valuable resource for scholars and students of private air law, private international law and dispute resolution, while also being of great interest to aviation law practitioners and aviation insurers and policy-makers.

As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation. Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.

This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship. An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation, and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors - including NGOs and corporations - in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct. This Handbook will be helpful to advanced undergraduate, graduate, and law students, as well as researchers, practitioners, and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention's implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business 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. Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter. Key features include: an exploration of how law facilitates or impairs revenue generation through contract, intellectual property, and other doctrines an insight into remedies for player contract breaches examination of the widespread use of arbitration in the resolution of sports law disputes analysis of competition law and human rights law as the principal external legal constraints on sporting entities. This Advanced Introduction will be a useful resource for scholars and advanced students of sports law. It will also be beneficial for sports lawyers and practitioners, as well as those in the fields of global and transnational law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business 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 updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace. Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business 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. Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.

In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years' experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists' rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.

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.

In this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system's practical experience within its normative context. Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law. Deeply grounded in evidence, illuminating, comprehensive and timely, Causation in International Law will be key reading for academics, postgraduate students and practising lawyers in the areas of public international law and legal theory.

This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law. Perceptive contributions examine the emerging roles played by a range of concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. New and revised chapters thoroughly examine the concepts at the heart of environmental law including sustainability, protection and climate change law. This second edition further illuminates key aspects of environmental governance through the lens of their underlying dimensions: the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation. This discerning new edition will be an ideal read for all students and researchers in environmental law and governance. Furthermore, it will be essential reading and a valuable resource for policymakers, legal drafters and those wanting to understand the foundations of the modern environmental legal system.

International law shapes nearly every aspect of our lives. It affects the food we eat, the products we buy, the rights we hold, and the wars we fight. Yet international law is often believed to be the exclusive domain of well-heeled professionals with years of legal training. This text uses clear, accessible writing and contemporary political examples to explain where international law comes from, how actors decide whether to follow international law, and how international law is upheld using legal and political tools. Suitable for undergraduate and graduate students, this book is accessible to a wide audience and is written for anyone who wants to understand how global rules shape and transform international politics. Each chapter is framed by a case study that examines a current political issue, such as the bombing of Yemen or the use of chemical weapons in Syria, encouraging students to draw connections between theoretical concepts and real-world situations. The chapters are modular and self-contained, and each is paired with multiple Supplemental Cases: edited and annotated judicial opinions. Accompanied by ready-to-use PowerPoint slides and a testbank for instructors.

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation. Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance. Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.

This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries' safe operating space. The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform. Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.

In an age of intolerance where religious persecution is widespread, Barbara Ann Rieffer-Flanagan explores how societies can promote freedom of religion or belief as a fundamental right of citizens Examining the extent of religious persecution throughout the world, this cutting-edge book explores mechanisms to address religious intolerance and develop religious freedom, outlining the necessary factors to measure progress on the protection of this fundamental human right. Chapters explore how freedom of religion or belief can be institutionalized in dispositions, laws, and policies through efforts which limit negative depictions of the religious (or non-religious) Other in public discourse. Rieffer-Flanagan demonstrates how reforms that enhance the ability of civil society actors to operate can also promote freedom of religion or belief, and how states and IGOs can support these efforts. Ultimately, this innovative book proves that reforms must be continually nurtured for freedom of religion or belief to exist in society. With interview-based research and a diverse range of regional case studies, this will be a vital resource for students and scholars of philosophy, religion, human rights law and political science. Considering the role of leaders in the promotion of religious tolerance, the book will also prove invaluable to policymakers concerned with human rights and freedom of religion or belief.

This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based. Shuai Guo conducts both normative and positive law analysis to investigate the status quo of available legal instruments that are used to recognise foreign resolution actions within three representative jurisdictions: the European Union, the United States and mainland China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this book proposes ten principles that should be applied to foreign bank resolution actions, offering innovative ideas for further research and study. Additionally, it fills the gap in scholarly research on the issue of cross-border bank resolution and formulates rules that would facilitate effective resolution actions across borders to achieve a global orderly resolution for banks. Recognition of Foreign Bank Resolution Actions will be key reading for researchers and students in the fields of private international law, finance and banking law. The technical legal issues addressed throughout the book will also appeal to insolvency and banking lawyers, as well as policy makers within the field.

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations. By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military's place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers. Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.

This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions. The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value. This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.

The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. Analysing the level of protection offered to four identified types of investments, Dominik Moskvan argues that certain investors will find more favourable substantive protection under the framework of EU law as opposed to intra-EU BITs. However, he also highlights the loss of investment safeguards significant to more complex investments when relying exclusively on EU law. Furthermore, since the analysis reveals important differences in the approaches of EU Member States' judiciaries, the book proposes the creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market. This book's discussion of the impact of the EU legal framework on investors' decisions will be beneficial for both EU and national policymakers when challenged with forming recommendations aimed at improving intra-EU investment policy. The comparative legal analysis from an investor perspective will also be of interest to scholars in EU and international investment law, as well as to lawyers advising foreign investors.

This Research Handbook provides a broad yet detailed treatment of international arms control law. It takes stock of existing arms control agreements, addresses current challenges and aims to indicate avenues for the future development of this distinct branch of public international law. Split across nine thematic parts, this comprehensive Handbook goes beyond the pure encyclopaedic approach by providing analytical and doctrinal guidance. Chapters provide extensive analysis of international arms control law, addressing both conventional weapons and new technologies, contextualising arms control law and politics through identifying actors, forums and regulatory approaches. The impressive list of contributors also explore geographical zones of arms control including Africa, Asia, Europe and Latin America. Investigating both complex theoretical and recent practical approaches into arms control law, this Research Handbook will be an ideal read for interested students and academics as well as practitioners involved in conflict, security and international law.

This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies - human rights, democracy, and the rule of law - and the investment treaty regime, but also the potential for co-existence and complementarity. Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement. Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.

In seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings? Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation. The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.