'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 open access publication of this book has been published with the support of the Swiss National Science Foundation. The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.

In The Requirement of Consultation with Indigenous Peoples in the ILO, Maria Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach.

Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.

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 examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.

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

This original and authoritative book analyzes how the WTO?s restrictions on the use of trade measures for social goals affects the development of the law of the international community.The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important ?trade-&? cases handed down by the WTO?s Appellate Body, the book stimulates creative consideration of the extent to which the international trading system?s prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States. New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.

Volume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and comparative law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.

This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right. Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.

The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one's effective connections to that state according to the principle of jus nexi.

In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution - long the foundation of the UNCLOS framework - in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.

At times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maletic forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.' - Hans Micklitz, European University Institute, Italy'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.' - Veerle Heyvaert, London School of Economics, UK This innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process. Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards. This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration. Contents: Foreword Introduction 1. The Harmonisation of the Internal Market 2. EU Competence in the Internal Market 3. Regulatory Differentiation in the Internal Market 4. The Harmonisation Model Under Article 114 TFEU in Practice 5. Appraisal and Reform Proposals Bibliography Index