For centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade - one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure.

The law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects. Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments. Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.

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.

The Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.

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 present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.

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'.

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.

Space is no longer the domain of national space agencies. Today, a significant majority of space activities are carried out by non-governmental entities, resulting in the accelerated evolution of space technologies and their applications. This operational shift from public to private does not mean, however, that governments are no longer relevant in this era of New Space. On the contrary: as the operational role of the state has diminished, its regulatory role has grown correspondingly. Acknowledging that the commercial landscape in space is an ever-changing one, this book explores how the Canadian government has adapted to the new commercial space landscape and whether it is prepared to fulfil its authorisation and supervision responsibilities as the regulator of Canada's space industry. The fundamental research question posed, therefore, is whether Canada's regulatory framework is appropriate given the increasing commercialisation of space. To best answer this question, the book provides a doctrinal analysis of Canada's historical space policy and current space laws, an empirical survey of the perspectives of those currently interacting with Canada's regulatory framework, and a comparative exploration of how other jurisdictions oversee commercial space activities. Motivated by legal, moral and economic considerations, the book recommends that Canada enact a comprehensive national space law and provides an annotated draft law for this purpose. By doing so, the book intends to spark a meaningful conversation on how Canada ought to fulfil its regulatory responsibilities, a topic previously unaddressed in public and academic discourse.

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.

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

A major non-technical challenge of space activities is ensuring productive cooperation, communication, and understanding between the engineers who design the mission and the space lawyers who cover its relevant legal aspects. Though both groups usually attain some level of understanding, it is only achieved after many years of experience in the space industry and through repeated contact with topics relevant to their projects. A basic understanding of the most important legal and technical aspects acquired earlier in their careers can facilitate better cooperation and more efficient development of space projects. Promoting Productive Cooperation Between Space Lawyers and Engineers is a pivotal reference source that provides vital insights into basic legal and technical topics and challenges that occur while planning and conducting typical space activities. The book uses high-profile space missions as examples and highlights the major technical aspects of these missions and the legal issues applied to these missions. While highlighting topics such as planetary settlements, policy perspectives, and suborbital spaceflight, this publication is ideally designed for lawyers, engineers, academicians, students, and professionals.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences 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 thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us.

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 provides an innovative insight into the regulatory conundrum of genetically modified organisms (GMOs), deploying transnational legal analysis as a methodological framework to explore the most controversial area of risk governance. The book deconstructs hegemonic and counter-hegemonic transnational narratives on the governance of GMO risks, cutting across US law, EU law, the WTO Agreement on Sanitary and Phytosanitary Measures, and hybrid standard-setting regimes. Should uncertain risks be run unless adverse effects have been conclusively established, and should regulators only act where this is cost-benefit effective? Should risk managers make a convincing case that a product or process is safe enough for the relevant uncertain risks to be socially acceptable? How can intractable transnational regulatory conflicts be solved? The book complements a close analysis of regulatory frameworks and case law with a more encompassing perspective on the political, socio-economic and distributional implications of different approaches to the regulation of health and environmental risks at times of globalisation. The GMO deadlock thus becomes a lens through which to investigate the underlying value systems, goals, and impacts of transnational discourses on risk governance. Against this backdrop, the normative strand of analysis points to the limited ability of science and procedural deliberation to generate authentic agreement and to identify normatively legitimate solutions, in the absence of pre-existing shared perspectives.

This book gathers contributions by twenty-five world-class practitioners, leading academics, adjudicators, and civil servants in the field of WTO litigation, investment arbitration, and commercial arbitration. It provides a practical cross-cutting analysis of the different dispute settlement mechanisms that exist in international trade and investment and offers valuable insights into how to use best practices among the three systems. The book addresses the critical areas of overlap that exist in the three disciplines, including:; management of parallel proceedings and role of politics and 'pressure points' within host governments; selection and appointment of arbitrators, panels and Appellate Body members; use of experts and economics; search of the applicable law; interpretation of the national treatment principle and other substantive standards and legal tests; methods of redressing 'moral damage'; regimes of review, appeals and annulment; enforcement systems of awards, implementation of WTO law and other legal remedies; and allocation of costs. In addition to being the first in-depth exploration of the interaction among WTO litigation, investment arbitration and international commercial arbitration, this book brings a singularly practical perspective to bear on the three dispute settlement mechanisms and how each can be used to best advantage.

This book draws a unique perspective on the regulation of access to clinical trial data as a case on research and knowledge externalities. Notwithstanding numerous potential benefits for medical research and public health, many jurisdictions have struggled to ensure access to clinical trial data, even at the level of the trial results. Pro-access policy initiatives have been strongly opposed by research-based drug companies arguing that mandatory data disclosure impedes their innovation incentives. Conventionally, access to test data has been approached from the perspective of transparency and research ethics. The book offers a complementary view and considers access to individual patient-level trial data for exploratory analysis as a matter of research and innovation policy. Such approach appears to be especially relevant in the data-driven economy where digital data constitutes a valuable economic resource. The study seeks to define how the rules of access to clinical trial data should be designed to reconcile the policy objectives of leveraging the research potential of data through secondary analysis, on the one hand, and protecting economic incentives of research-based drug companies, on the other hand. Overall, it is argued that the mainstream innovation-based justification for exclusive control over the outcomes of research and development can hardly rationalise trial sponsors' control over primary data from trials. Instead, access to such data and its robust analysis should be prioritised.

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature.

The main theme of this volume of the Yearbook of International Humanitarian Law is the 70th anniversary of the Geneva Conventions. The evolution of these crucial treaties and international humanitarian law more generally comes back in six chapters addressing topics such as sieges, compliance, indiscriminate attacks and non-state armed groups. The second part of the book contains a chapter on the acquittal on appeal of Jean-Pierre Bemba Gombo by the International Criminal Court on the basis of command responsibility for war crimes, as well as an extensive Year in Review describing the most important events and legal developments in the area of international humanitarian law that took place in 2019. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.