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Books > Law > International law
This Advanced Introduction provides a clear and accessible guide to
the essential elements of environmental compliance and enforcement
programs. It examines compliance programs designed to assist
regulated entities in meeting their obligations, as well as
enforcement tools designed to address non-compliance - such as
administrative, civil judicial, and criminal enforcement. Offering
an insightful overview of this important area, Lee Paddock
highlights recent developments that are changing the way compliance
and enforcement work is practiced. Key features include: a review
of how the role of criminal enforcement has evolved discussion of
traditional compliance monitoring and the role of citizen science
examination of the increasing importance of private environmental
governance, and the role that government agencies can play in
supporting these practices exploration of the need to consider
"next generation" and "smart regulation" strategies. This concise
and nuanced book will be a key resource for students and scholars
of environmental law and politics, criminal law and justice and
international policy, as well as environmental enforcement
professionals worldwide.
At last, the students, coaches and arbitrators who have dedicated
so many hours to the Danubia Files will see the results of their
labours. Six tribunals of renowned international arbitrators and
educators have issued awards in the Vis Problems XIV to XIX. Each
award considers the issues and sets out the decision of the
tribunal in their own words and style. And at last, here is a
reference text that deals with one of the most important - yet most
neglected - stages in arbitration procedure: the drafting of the
arbitration Award. The first lesson of this book is that there is
no single "right" way to draft an award. Each tribunal has its own
voice, its own character; there are many styles that can produce a
good award. "A wonderful achievement and highly innovative and
useful contribution that will be of great interest to all
international arbitration lawyers, scholars and students." - Gary
Born, Chair, International Arbitration Group, Wilmer Cutler
Pickering Hale and Dorr LLP. "I wish I'd thought of it This book
will immediately become a "must-have" for law firm international
arbitration groups. The awards not only increase the already rich
value of the Vis problem materials for advocacy training, they also
are a much-needed resource for award drafting practice. Be sure to
read the down-to-earth drafting guides by Louise Barrington and
Pierre Karrer." - Lucy Reed, Global co-Head, International
Arbitration, Freshfields. "You can measure the height of the Great
Pyramid at Cheops without climbing it by multiplying the height of
a pole by the ratio of the two shadows (500 BC). You can put little
wheels on luggage (1970). Great ideas in retrospect seem obvious,
and the Danubia files are another." - Jan Paulsson, President,
International Council of Commercial Arbitrators (ICCA).
Francis Lyall and Paul B. Larsen have been involved in teaching and
researching space law for over 50 years.
This new edition of their
well-received text gathers together their knowledge and experience
in readable form, and covers developments in all space
applications, including space tourism, telecommunications, the ITU
and finance.
With an extensive citation of the literature, the
discussion provides an excellent source for both students and
practitioners.
Introduction to Intellectual Asset Management examines various ways
adopted by leading companies in managing their intellectual assets
and intellectual properties in leveraging them for optimal returns.
Using case laws and anecdotes, the book explains how intellectual
properties have created wealth for its creators whether they are
patents, trademarks, copyright or design by careful negotiations
and contractual obligations. The book provides an insight to the
processes involved in the legal and business aspects of recognizing
intellectual assets, converting them to intellectual property
protecting and using them to create a brand value foe the
organisation and the decision makers for creating and strategising
new goals and achieving the existing ones.
This ambitious Handbook covers the history, functioning and impact
of cohesion policy, arguably the most tangible presence of the
European Union in its twenty-eight member states. The contributions
combine world-renowned scholars and country experts to discuss, in
six parts, the policy's history and governing principles; the
theoretical approaches from which it can be assessed; the
inter-institutional and multi-level dynamics that it elicits; its
practical implementation and impact on EU Member States; its
interactions with other EU policies and strategies; and the
cognitive maps and narratives with which it can be associated. This
Handbook will be an invaluable resource to students and scholars of
EU policies and politics and other related disciplines. In
particular, they will benefit from the clarity with which the
history and functioning of cohesion policy is laid out. Policy
makers and other practitioners will also find this book of
interest, due to its presentation of relevant debates. Contributors
include: A. Agh, J. Aprans, R. Atkinson, J. Bachtler, J. Balsiger,
J. Baudner, I. Begg, M. Brunazzo, R.L. Bubbico, A. Catalina
Rubianes, D. Charles, N. Charron, R. Crescenzi, M. Dabrowski, A.
Dahs, F. De Filippis, S. Ganzle, D. Hubner, A. Faina, A. Faludi, V.
Fargion, U. Fratesi, P.R. Graziano, E. Gualini, E. Hepburn, C.
Holguin, G. Karakatsanis, E. Kazamaki Ottersten, A. Kovacs, A.
Lenschow, R. Leonardi, J. Lopez-Rodriguez, E. Massetti, P. McCann,
C. Mendez, P. Montes-Solla, T. Muravska, T. Notermans, R.l
Ortega-Argiles, I. Palne Kovacs, S. Piattoni, L. Polverari, S.
Profeti, A.H. Schakel, J. Schoenlau, M.K. Sioliou, P. Stephenson,
I. Toemmel, M. Weber, K. Zimmermann
The International Criminal Tribunal for the former Yugoslavia
(ICTY) is one the pioneering experiments in international criminal
justice. It has left a rich legal, institutional, and non-judicial
legacy. This edited collection provides a broad perspective on the
contribution of the tribunal to law, memory, and justice. It
explores some of the accomplishments, challenges, and critiques of
the ICTY, including its less visible legacies. The book analyses
different sites of legacy: the expressive function of the tribunal,
its contribution to the framing of facts, events, and narratives of
the conflict in the former Yugoslavia, and investigative and
experiential legacies. It also explores lesser known aspects of
legal practice (such as defence investigative ethics, judgment
drafting, contempt cases against journalists, interpretation and
translation), outreach, approaches to punishment and sentencing,
the tribunals' impact on domestic legal systems, and ongoing
debates over impact and societal reception. The volume combines
voices from inside the tribunal with external perspectives to
elaborate the rich history of the ICTY, which continues to be
written to this day.
This book provides international readers with basic knowledge of
Chinese civil procedure and succinct explanations of essential
issues, fundamental principles and particular institutions in
Chinese civil procedure and the conflict of laws. The book begins
with a survey of the Chinese procedural law and an overview of
Chinese civil procedure and then focuses on essential aspects of
court jurisdiction and trial procedure in civil matters. In view of
the traditional importance of alternative dispute resolution in
China, mediation (conciliation) and arbitration are also discussed
with corresponding comparisons to civil procedure. The book also
discusses issues relating to the conflict of laws, i.e.
international jurisdiction under the Chinese international civil
procedure law, recognition and enforcement of foreign judgments as
well as Chinese choice of law rules. Focus is directed toward the
Chinese Statute on the Application of Laws to Civil Relationships
Involving Foreign Elements of 28 October 2010, which entered into
force on 1 April 2011. CHEN Weizuo is Director of the Research
Centre for Private International Law and Comparative Law at
Tsinghua University's School of Law in Beijing. He has a Doctor of
Laws degree from Wuhan University, China; an LL.M. and doctor
iuris, Universit t des Saarlandes, Germany; professeur invit la
Facult internationale de droit compar de Strasbourg, France (since
2003); professeur invit l'Universit de Strasbourg, France. He has
published extensively on the international laws and his
publications have appeared both in and outside China. He has taught
a special course in French at the Hague Academy of International
Law during its 2012 summer session of private international law.
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.
The purpose of this text is to evaluate the extent to which
international judicial institutions-principally the four most
prominent tribunals, the International Criminal Tribunal for the
Former Yugoslavia, the International Criminal Tribunal for Rwanda,
the Special Court for Sierra Leone and the International Criminal
Court- have proven effective in advancing human security. It
examines the processes of international justice, the judicial
outcomes of these institutions, and the more long-range impact of
their work on human rights and peace to assess their consequences
in the affected nations as well as the international community.
The present work examines the economics and legal doctrine of
private equity. After a consideration of private equity's origins,
the book will explore the evolution of private equity in the United
States and Europe. The reference economic model then will be
reconstructed, with particular attention to financial flows to and
from private equity firms and funds. This reconstruction will be
instrumental for the subsequent analysis of remunerative policies
and practices of private equity firms and the illustration of
recommendations to improve them, especially following the subprime
mortgage crisis of 2008. The book concludes with critical points
for operators, legislators, and regulatory authorities in the light
of the results of the economic analysis of private equity and of
comparative regulatory analysis.
Challenging the legality of UK nuclear policy as a further
generation of nuclear-armed submarines is developed, Trident and
International Law asks who is really accountable for Coulport and
Faslane. The UK government in Westminster controls nuclear policy
decisions even though Britain's nuclear submarines and warheads are
all based in Scotland, at Faslane and Coulport. The Scottish
Government therefore has responsibilities under domestic and
international law relating to the deployment of nuclear weapons in
Scotland. Public concern about nuclear deployments, and
particularly the security and proliferation implications of
modernising Trident, led the Acronym Institute for Disarmament
Diplomacy, the Edinburgh Peace and Justice Centre and Trident
Ploughshares to organise an international conference on 'Trident
and International Law: Scotland's Obligations' in Edinburgh in
2009. This book presents the key papers and documents, with
additional arguments from renowned legal scholars. The findings
should be of interest to lawyers, policymakers and citizens with
interest or responsibilities in legal and nuclear issues, public
safety and human security. Whilst focusing on Scotland, this book
raises serious questions for nuclear weapon deployments worldwide.
Within international law there is no unified concept of peace. This
book addresses this gap by considering the liberal conception of
peace within Western philosophy alongside the principle of
'peaceful coexistence' supported in the East. By tracing the
evolution of the international law of peace through its historical
and philosophical origins, this book investigates whether there is
a 'right to peace'. The book explores how existing international
law and institutions contribute to the establishment of peace, or
how they fail to do so. It sets out how international law promotes
the negative dimension of peace-the absence of violence-as well as
its positive dimension: the presence of underlying conditions for
peace. It also investigates whether international actors and
institutions have particular obligations in relation to the
establishment and maintenance of peace. Discussions include: the
relationships between the different regimes of human rights, trade,
development, the environment, and regulation of arms trade with
peace; the role of women, refugees, and other groups seeking equal
treatment; the role of peacekeepers, transitional justice
mechanisms, international courts fact-finding missions, and
national constitutional frameworks in upholding peace in practice;
and how civil society participates in the promotion and
safeguarding of peace. The book's comprehensive treatment of the
concept of peace in international law makes it an ideal reference
work for those working in the field, as well as for students.
With the advent of globalization--where corporate organizations and
the commercial relations that accompany them are argued to be
becoming increasingly transnational--the locus of powers,
authorities, and responsibilities has shifted to the global level.
The nation-state arena is losing its capacity to regulate and
control commercial processes and practices as a transformational
logic kicks-in, associated with new forms of global rule-making and
governance. It is this new arena of global rule-making that can be
considered as a surrogate form of global constitutionalization, or
"quasi-constitutionalization." But as might be expected, this
surrogate process of constitutionalization is not a coherent system
or set of rounded outcomes but full of contradictory half-finished
currents and projects: an "assemblage" of many disparate advances
and often directionless moves--almost an accidental coming together
of elements. It is this assemblage that is to be investigated and
unbundled by the analysis of the book.
The book discusses governance, law, and constitutional matters in
the context of international corporate constitutional governance.
It examines how and why the business world, commercial relations,
and company activities have increasingly become subject to legal
and constitutional forms of regulation and governance at the
international level. It analyzes how we should characterize the
process that has seen the international corporate arena
increasingly subject to juridical and constitutional-like
regulatory initiatives and interventions and whether this amounts
to a new attempt to subject international commercial relations to
the "rule of law" and, indeed, to rule the world through these very
means.
This new dictionary makes an important and innovative contribution
to the reference literature on the environment. International in
scope, it provides up-to-date entries on macro and micro issues in
environmental law in both developed and developing countries.
Written by an author with both practical experience in the field,
and six previous dictionaries to his name, this book adopts
non-technical language to improve access to key topics in
environmental law. It combines the use of case studies, best
practice models, straightforward definitions and clear explanatory
boxes. This dictionary will be invaluable to everyone involved with
environmental law; including students of law as well as those in
engineering and the social sciences. It will also provide essential
reference for all official national and international agencies,
environmental protection groups and NGOs, plus environment and
planning departments at every level.
This book instructively introduces the reader to the basics of
Jewish law. It gives a detailed, cutting-edge analysis of
contemporary public and private law in the State of Israel, as well
as Israel's legal culture, its system of government, and the roles
of its democratic institutions: the executive, parliament, and
judiciary. The book examines issues of Holocaust, law and religion,
constitutionalization, and equality.
In Europe and throughout the world, competence in English is
spreading at a speed never achieved by any language in human
history. This apparently irresistible growing dominance of English
is frequently perceived and sometimes indignantly denounced as
being grossly unjust. Linguistic Justice for Europe and for the
World starts off arguing that the dissemination of competence in a
common lingua franca is a process to be welcomed and accelerated,
most fundamentally because it provides the struggle for greater
justice in Europe and in the world with an essential weapon: a
cheap medium of communication and of mobilization.
However, the resulting linguistic situation can plausibly be
regarded as unjust in three distinct senses. Firstly, the adoption
of one natural language as the lingua franca implies that its
native speakers are getting a free ride by benefiting costlessly
from the learning effort of others. Secondly, they gain greater
opportunities as a result of competence in their native language
becoming a more valuable asset. And thirdly the privilege
systematically given to one language fails to show equal respect
for the various languages with which different portions of the
population concerned identify. Linguistic Justice for Europe and
for the World spells out the corresponding interpretations of
linguistic justice as cooperative justice, distributive justice and
parity of esteem, respectively. And it discusses systematically a
wide range of policies that might help achieve linguistic justice
in these three senses, from a linguistic tax on Anglophone
countries to the banning of dubbing or the linguistic
territoriality principle.
Against this background, the book argues that linguistic diversity
is not valuable in itself but it will nonetheless need to be
protected as a by-product of the pursuit of linguistic diversity as
parity of esteem.
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