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.

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

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.

This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.

The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor. The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law. Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Universite du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.

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 book offers a dynamic theory of law and economics focused on change over time, aimed at avoiding significant systemic risks (like financial crises and climate disruption) and implemented through a systematic analysis of law's economic incentives and how people actually respond to them. This theory offers a new vision of law as fundamentally a macro-level enterprise establishing normative commitments and a framework for numerous private transactions, rather than as an analogue to a market transaction. It explains how neoclassical law and economics sparked decades of deregulation culminating in the 2008 financial collapse. It then shows how economic dynamic theory helps scholars and policymakers make wise choices about how to avoid future catastrophes while keeping open a robust set of economic opportunities, with individual chapters addressing the law and economics of financial regulation, contract, property, intellectual property, antitrust, national security and climate disruption.

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.

The United Nations Convention on the Rights of the Child (CRC) requires States Parties to take all appropriate measures to implement the rights in the Convention. As we celebrate the 30th anniversary of the Convention's adoption, focus has shifted onto the measures being taken at national level to give effect to children's rights with specific reference to legal incorporation both direct and indirect. The way in which the CRC is given legal effect is highly contingent upon the constitutional and legal systems of individual countries and can best be understood by those writing from the specific national context. So this books combines individual contributions that address the experience of legal incorporation in selected countries by their national experts, with comparative analysis of the international landscape from the world's leading authorities on legal implementation of the CRC. The result is an up-to-date, comparative and international analysis of the progress made around the world to incorporate the CRC, in the first comprehensive and analytical presentation of these issues. Incorporating the UN Convention on the Rights of the Child into National Law is a rich resource central to the work of every lawyer with an interest in the CRC or the incorporation of international legal instruments.

No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.

As economic populism and protectionism increasingly threatens the global trade order, this book examines the behavior of World Trade Organization (WTO) members at the judicial arm of the WTO-the dispute settlement mechanism (DSM). The author explores why and when governments cooperate at the WTO and comply with the ruling of its panels, focusing on how the growth of global value chains through the internationalization of trade and production has increased the importance of both trade liberalization and supra-national governance and policy-making. Finding that domestic organized interests-i.e. firms and sectors-mobilize and lobby national governments to change their domestic policies to better harmonize with their international trade commitments, the author outlines how the time it takes to comply with adverse WTO rulings is shorter when the potential domestic costs of non-compliance outweigh protectionist interests. The author's innovative research design highlights the conditions under which the WTO can preserve the rules of international trade and support a more open, global economy.

This book offers a meditation on global justice and international political and legal theory. The author assesses positions in the current debate over the moral nature and limits of sovereignty. He also evaluates the normative role sovereignty ought to play in the practical deliberations of states. The discussion moves from theory to practice. Coverage starts with a conceptual analysis and moral critique. It then goes on to consider specific issues. These include global climate change, secession and self-determination, human rights, global distributive justice, and immigration. Readers will learn how states ought to deliberate about and respond to these important topics. They will also discover potential institutional structures better suited to resolving these issues while also respecting state sovereignty. In working through each specific challenge, the author provides insight into how we ought to think about challenges facing the international community and the potential for properly constructed institutions to function as solutions. These analyses also provide a valuable critical lens to assess the actions (and omissions) of our leaders. In the end, the book argues that domestic governments and regional bodies should be responsible for implementing the chosen course of action. This would provide a basis for holding political leaders more accountable.

Peace operations are the UN's flagship activity. Over the past decade, UN blue helmets have been dispatched to ever more challenging environments from the Congo to Timor to perform an expanding set of tasks. From protecting civilians in the midst of violent conflict to rebuilding state institutions after war, a new range of tasks has transformed the business of the blue helmets into an inherently knowledge-based venture. But all too often, the UN blue helmets, policemen, and other civilian officials have been "flying blind" in their efforts to stabilize countries ravaged by war. The UN realized the need to put knowledge, guidance and doctrine, and reflection on failures and successes at the center of the institution.
Building on an innovative multi-disciplinary framework, The New World of UN Peace Operations provides a first comprehensive account of learning in peacekeeping. Covering the crucial past decade of expansion in peace operations, it zooms into a dozen cases of attempted learning across four crucial domains: police assistance, judicial reform, reintegration of former combatants, and mission integration. Throughout the different cases, the book analyzes the role of key variables as enablers and stumbling blocks for learning: bureaucratic politics, the learning infrastructure, leadership as well as power and interests of member states. Building on five years of research and access to key documents and decision-makers, it presents a vivid portrait of an international bureaucracy struggling to turn itself into a learning organization. Aimed at policy-makers, diplomats, and a wide academic audience (including those working in international relations, peace research, political science, public administration, and organizational sociology), The New World of UN Peace Operations is an indispensable resource for anyone interested in the evolution of modern peace operations.

The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient instrument for the elimination of trade and tariff barriers. This process coincided with increased national regulatory controls, which were particularly visible in the area of risk regulation. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although, for the most part, the new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. Regulating Health andEnvironmental Risks under the WTO Law examinesthe WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). In which it is an attempt by the international community to limit possible abuses while assuring WTO Members of an extensive margin of regulatory discretion.
The central problem that the book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. In answering this question, the author provides a comprehensive and critical examination of the substantive provisions of the Agreement and corresponding case law. In this context, the book particularly focuses on two issues: the consistency in the interpretation of the SPS Agreement and the appropriateness of its various requirements. This analysis leads the author to conclude that despite some interpretative failures of SPS case law, the system established by the SPS Agreement seems to provide an effective solution for the supervision of domestic SPS measures.

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

In this provocative new book, Shritha Vasudevan argues that feminist international relations (IR) theory has inadvertently resulted in a biased worldview, the very opposite of what feminist IR set out to try to rectify. This book contests theoretical presumptions of Western feminist IR and attempts to reformulate it in contexts of non-Western cultures. Vasudevan deftly utilizes the theoretical constructs of IR to explore the ramifications for India. This hypothesis argues that the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) has predictive validity and is not a top-down norm but derived from the material and contingent experiences of nation states. This book enters the debate between feminist qualitative and quantitative IR through the lens of gender-based violence (GBV) under the CEDAW.