The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers - for the first time - a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

Congratulations on an outstanding book on the WTO TBT Agreement! International regulations and standards reflect societies' fundamental choices. Regulating and monitoring them is complex, and the renowned co-authors of this book have well understood the multi-faceted matters at stake. In this book, world experts have seized a unique opportunity provided by the wealth of recent TBT jurisprudence to analyse the different dimensions of the TBT Agreement, a WTO agreement little discussed up to now. WTO experts as well as anyone interested in the reach of WTO law into the balance between national sovereignty and the need for international co-operation must read this book.' - Gabrielle Marceau, WTO, Legal Affairs Division, UNIGE and Graduate Institute, Geneva, SwitzerlandA relatively new frontier for legal and policy analysis, technical barriers to trade (TBT's) have become more common as traditional border barriers have been reduced. This comprehensive Handbook comprises original essays by eminent trade scholars exploring the implications of the WTO's TBT Agreement. The TBT Agreement imposes disciplines on the manner in which WTO member countries adopt and maintain technical measures, recognizing the importance of such measures to advance legitimate domestic policy goals such as health, safety and environmental objectives, but also the potential for technical measures to constitute barriers to trade. The contributors to this volume provide an in-depth examination of the text of the Agreement and how the WTO's dispute settlement system, the TBT Committee, WTO members, and other international organizations have engaged with and been affected by it. The book's comprehensive and accessible approach makes it a first point of reference for all trade law practitioners, policymakers and regulators. For scholars and students, the Handbook will prove essential reading for a deeper understanding of trade law. Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H. Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B. Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A. Mitchell, D. Prevost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T. Voon, M. Wagner, E.N. Wijkstroem

China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.

This seven-chapter book examines the background to and consequences of the disputed occupation of Mischief Reef in the Spratly Islands group of the South China Sea (SCS) by the People's Republic of China (PRC), from the mid-1990s to the present day. Although Mischief Reef has received significant media attention and has been discussed in academic journal articles and policy research reports, no books on the topic have appeared since a 30-page publication in 1996. By covering the topic in historical, domestic political, legal, economic, strategic, and geo-political terms, this book not only fills a gap on a particularly important issue with global consequences, but also acts as a follow-on to a previous Palgrave book by this author on another maritime dispute, Socotra Rock. This book will be of interest to journalists, scholars and legal theorists researching the implications of China's rise for maritime disputes in East Asia.

Mega-sporting events (MSEs), like the FIFA World Cup or the Olympic and Paralympic Games, are prestigious international events that attract attention in every part of the world. In the last two decades, it became increasingly clear that such events can lead to adverse human rights implications. Notable examples include cases of forced evictions of local communities, violent repressions of protests around MSE venues, and the exploitation of both migrant and non-migrant workers on event-related construction sites. This book discusses how delivering an MSE can impact a whole range of human rights, highlighting the challenges in dealing with cases of MSE-related human rights abuses and establishing legal responsibility. More specifically, it analyses the shortcomings of international human rights law and international law of responsibility in dealing with the complex governance system of MSEs, which is based on the involvement of a mix of national, international, private and public actors and blurs the lines of responsibility and accountability. As a result, the identification of responsible actors, the establishment of their responsibility, and the access to remedies for those affected are significantly complicated. To address these challenges, this book proposes a shared responsibility approach to the cases at hand, suggesting that actors involved in MSE delivery would share legal responsibility to the extent that they made a relevant contribution to an outcome that presents a human rights violation, and explores how this approach can work in theory and practice.

The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations. Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson

Bringing together scholars from a wide range of disciplines, this fascinating and timely Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s). This Research Handbook documents the history of adoption legislation and offers comparative perspectives on the implementation of full adoption in England and Wales, in contrast to the use of simple adoption in other European countries. Chapters examine the challenges facing adoption law; from adoption without parental consent and anonymous birth, to transracial and intercountry adoption, as well as discussing the human rights of the child during and after the adoption process. Providing an abundance of global research on all aspects of the topic of adoption, Nigel Lowe and Claire Fenton-Glynn offer a comprehensive guide to the past, present, and future of adoption law. The Research Handbook of Adoption Law will be an indispensable resource for students and researchers of family law and social work, as well as human rights lawyers, legal practitioners in the field of adoption, and social workers worldwide.

Whaling Diplomacy is the only book that addresses all of the substantive issues relating to the conservation of whales through the International Whaling Commission (IWC). It covers the law, policy, science and philosophy at the heart of each element of the debate, discussing how it has developed, the current problems that beset it and what is necessary for the future. Together, all of the issues involved in whaling form a single crucible through which the future of conservation in international environmental law is being debated. The intensity of this debate, despite being at the forefront of international environmental problems for over three decades has not dissipated, as ultimately, the clash of values, science and law within whaling diplomacy is one of the key front lines for international conservation in the 21st century. Studying the contemporary developments in international environmental law and policy, this book therefore is not just about whales, but also how related debates are being reflected in other forums. Students of law, politics, environmental economics and philosophy will find this book of great value for it's cutting-edge relevance over the three disciplines. Policymakers will also find it of interest for the insight into one of the most controversial conservation debates of our time.

With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.

Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice. Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Hola, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young

The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.

This book puts the trade war between the United States and China in historical context. Exploring the dynamics of isolation and internal reform from a Chinese perspective, the author draws upon valuable insights from China's years of isolation prior to the famous Nixon-Mao summit. Advocating internal reform as a more productive strategy than conflict with other powers, this powerful argument for globalization with Chinese characteristics will be of interest to scholars of China, economists, and political scientists.

The book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.

This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the "system changes that will be brought about by technological changes" from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China's system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.

This book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was - or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact 'safeguards' like corroboration and closed court rules had on the outcome of many cases and the extent to which fear - of children, of lies (or the truth) and of reform - influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same'.

Concerns about the position and function of nation-states in the international arena have led to a growing interest in the role of cities in international relations. This timely book advances the argument that cities are becoming active and informal actors in international law-making, indicating the emergence of a 'third generation' of multi-level governance. Expansive in scope, the book investigates various areas of city cooperation such as the economy, migration, security, sustainable development, ecology, and the position of cities in international law. Interviews conducted with the official representatives of several cities and international institutions, including UN-Habitat, the EU Committee of the Regions, and the Congress for Local and Regional Authorities of the Council of Europe, offer key insights into the most pressing urban issues of the 21st century. Examining the latest information on the international activities of cities, this engaging book explores the possibility that cities may soon reach the level of international subjects, capable of both implementing and creating international law. Contributing to the under-represented literature on the evolving function of cities in the modern world, this prescient book will be of interest to academics and students of urban studies, international relations, political science, and international law. City authorities dealing with international cooperation will benefit from its consideration of further development opportunities.

Through original and incisive contributions from leading scholars, this book applies economics and other rational choice methods to understanding public international law, providing a birds-eye view on some of its most fundamental elements from the perspective of economics. The chapters cover a range of topics, beginning with the building blocks of the nation state, and continuing with the sources and the enforcement of international law and its various applications and extensions. The application of economic analysis to public international law is still in its formative stages, and Economic Analysis of International Law provides a useful overview, as well as setting directions for new research. This volume provides a path through recent literature while identifying new areas and issues for research, making it an invaluable resource for scholars of public international law. Contributors include: A. Bell, T. Broude, B.L. Coggins, T. Ginsburg, A. Guzman, I. Kala, E. Kontorovich, J.D. Morrow, F. Parisi, D. Pi, E. Spolaore, P.B. Stephan, A. van Aaken

Legal Aspects of the New International Economic Order draws together the results of discussions from the 58th Conference of the International law Association held in Manila in September 1978. Many there, including a number of contributors to this insightful book, felt that proposals for the establishment of a new international economic order bristled with complex legal issues, which merited the serious attention of lawyers. Moved by the conviction that these proposals aimed at restructuring international economic relations and effective a global redistribution of wealth and power, presented a challenge to legal creativity, the Conference adopted a resolution urging the International Law Association to undertake a study of the Legal Aspects of a New International Economic Order. Legal Aspects of the New International Economic Order draws together the papers that came from that study, to offer a fascinating and powerful examination of the legal challenges thrown up by the establishment of this new order.