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Books > Law > International law
The increase in the complexity and length of international
arbitration procedures has resulted in a growing demand for both
provisional and emergency measures to facilitate the preservation
of the parties’ rights until a final award is rendered. In
Provisional and Emergency Measures in International Arbitration,
Julien Fouret has brought together many of the leading
international arbitration practitioners to examine this highly
topical subject. It considers complex issues surrounding the powers
of arbitrators to grant provisional relief, categories and examples
of such measures, procedural and substantive requirements for
ordering an interim measure, the burden and standard of proof as
well as issues of enforceability. Each chapter offers a thorough
analysis both in commercial and investment arbitration. This
important new publication will be beneficial to legal
practitioners, academics a as well as arbitrators who want to gain
a deeper understanding of both the principles and specific rules on
provisional and emergency remedies established under the major
arbitral rules and tribunals.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business, 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 Advanced Introduction provides a succinct overview of
the principles and rules that guide international food law. Neal D.
Fortin explores how the globalisation of food supply chains has
impacted international food law, making it a pressing concern for
contemporary lawmakers. Exploring the maintenance of standards,
rules and laws, alongside issues in relation to economics, trade
agreements, and free-trade, this comprehensive book provides
insight into the future of international food law. Key Features:
Offers a historical overview of international food law, covering
the key basic concepts Provides insights into key international
trade agreements, agencies, and food safety controls Provides
guidance on techniques for comparing and understanding the food law
of different regions Incisive and accessible, this Advanced
Introduction offers invaluable discussion of the major issues in
the field for international law scholars, particularly those
focusing on food law. It will also be a beneficial read for
government officials involved in international trade and lawyers
who deal with international food law looking for a better
understanding of the history and key components of the topic.
This comprehensive Commentary provides an in-depth analysis of each
of the 31 UN Guiding Principles on Business and Human Rights, as
well as the 10 Principles for Responsible Contracts. It engages in
both a legal and contextual examination of the Principles alongside
their application to real world practices at both the domestic and
international levels. Key Features: One of the first detailed
considerations of each of the Principles for Responsible Contracts
Contributions from more than 40 leading international academics and
practitioners in the field Discussion of legal and regulatory
instruments as well as case law emanating from the Principles
Offers information on interpreting, analysing, and using the UNGPs
and the Principles for Responsible Contracts in a centralized
accessible format. Practitioners, including government officials,
who are responsible for corporate governance and human rights
issues will find this Commentary invaluable for its systematic
analysis of the obligations of both States and corporations. It
will also be of interest to academics and those working for NGOs in
the area of business and human rights, as well as businesses
themselves looking to incorporate sustainability initiatives into
their corporate practices.
Presenting a thorough examination of intelligence activities in
international law, Sophie Duroy provides theoretical and empirical
justifications to support the cutting-edge claim that states’
compliance with international law in intelligence matters serves
their national security interests. This book theorises the
regulation of intelligence activities under international law,
identifying three layers of regulation: a clear legal framework
governing intelligence activities (legality); a capacity to enforce
state responsibility (accountability); and the integration of
legality and accountability into responsive regulation by the
international legal order (compliance). The empirical relevance of
these three layers of regulation is demonstrated through in-depth
case studies of state responsibility in the CIA-led war on terror
and an analysis of the accountability of Djibouti, the Gambia,
Poland, the United Kingdom, and the United States for conduct in
the CIA-led war on terror. Overall, the author shows that the most
reliable path to long-term national security is the effective
regulation of intelligence activities under international law.
Making an original contribution to existing theories of compliance
and regulation, as well as the law of state responsibility and its
enforcement, this book will be essential for students and scholars
of public international law, human rights, intelligence and
security studies, and international relations. It will also be a
valuable resource for practitioners of international law with an
interest in intelligence, state responsibility, and terrorism and
security law.
This incisive book examines the interaction between international
climate law and international trade law for the promotion of
renewable energy. Alessandro Monti utilizes the emerging principle
of mutual supportiveness to inform and guide his analysis of the
specific interactions between climate and trade law in the
renewable energy sector. The book makes a meaningful contribution
to the literature within public international law, engaging with
scholarly discourse on the fragmentation of international law and
providing an in-depth analysis of the theoretical context against
which the principle of mutual supportiveness is emerging. Chapters
examine the WTO jurisprudence on renewable energy subsidies,
propose specific solutions to improve the alignment between climate
and trade law, and build a case for the development of
climate-friendly trade policies. Taking account of the multifaceted
interactions between international climate and trade law, Monti
highlights the implications of trade disputes on renewable energy
and the promotion of climate objectives. Addressing the specialized
legal regimes of both climate and trade law, Promoting Renewable
Energy will prove a valuable resource to students and scholars of
environmental, trade, and energy law. International policy
officers, legal practitioners and NGOs working on climate, trade
and energy policies will also benefit from its examination of
relevant legal frameworks.
This thoroughly revised second edition provides an up-to-date
account of essential EU climate mitigation law, analysing an area
that remains one of the most dynamic fields of EU law. Special
attention is paid to the energy sector and to the impact of climate
law on broader legal issues, such as energy network regulation and
human rights. Written by leading scholars of EU climate law from
the University of Groningen, the book addresses the relevant
directives and regulations, examining their implementation and
impact on current policy and academic debate. Chapters guide the
reader through key topics including the EU emissions trading
system, renewable energy consumption, and carbon capture and
storage. Key features of the second edition include: A clear and
accessible introduction to EU climate mitigation law Comprehensive
coverage of the climate targets and instruments of the EU Special
focus on the relationship between climate law and energy law New
classroom questions to stimulate further discussion and debate
Educational design based on reviews by climate law students and
lecturers. Combining educational design and analytical accuracy,
this book will be an indispensable guide for both students and
professionals. It is highly recommended for courses on EU climate
mitigation law, as well as climate law, energy law, environmental
law and EU law.
This edited book is the first to reflect on childhood obesity as a
global legal challenge. It calls for a thorough commitment to human
rights in the face of an ascendant global agri-food industry. The
book makes an original contribution to the discussion on obesity as
it considers both international economic law and human rights law
perspectives on the issue whilst also examining the relationship
between these two bodies of international law. After highlighting
the importance of a human rights-based approach to obesity
prevention, this book discusses the relevance of international
economic law to the promotion of healthier food environments. It
then examines the potential of international human rights law for
more effective regulation of the food industry, arguing for better
coordination between UN actors and more systematic reliance on
human rights tools, including: the best interests of the child
principle, human rights due diligence processes, and the imposition
of extraterritorial obligations. The concluding chapter reflects on
recurring themes and the added value of a WHO Framework Convention
on Obesity Prevention. This book will be of interest to public
health scholars, particularly those working on obesity and
non-communicable diseases, and those with a broader interest in
children's rights, human rights, international trade, investment,
consumer or food law and policy. It will also be relevant to policy
actors working to improve nutrition and public health globally.
Discussing the fundamental role played by the principles of
equality and non-discrimination in the EU legal order, this
insightful book explores the positive and negative elements that
have contributed to the consolidation of the process of EU legal
integration. Providing an in-depth analysis of the three key
dimensions of equality in the EU -- equality as a value, equality
as a principle and equality as a right -- this incisive book
investigates the place and scope of equality within the founding
values of the EU. It does this by examining the use of the
principle of equality in the case-law of the Court of Justice, as
well as the rights conferred on individuals via equality in
secondary legislation, and the interaction between equality in the
Charter of Fundamental Rights and as a general principle of EU law.
Presenting an up-to-date analysis of the role played by equality in
blending the economic and social elements of EU legal integration,
Equality and Non-Discrimination in the EU will be an important read
for scholars and students of EU and constitutional law, as well as
practitioners and EU officials.
In this incisive book, Petros C. Mavroidis examines the complex
practice of interpreting the various sources of World Trade
Organization (WTO) law. Written by a leading expert in WTO
scholarship, the book serves as a broad grounding in the legal
theory of the WTO contract and its sources, as well as its
application in practice. Delving into the workings of the Vienna
Convention of the Law of Treaties (VCLT) and its use within the WTO
courts, the author provides a critical assessment of the
interpretation of the WTO contract and illuminates the role of WTO
adjudicators and the Secretariat in clarifying obligations.
Mavroidis then explores the uncertainty and distortion that emerge
as a result of the discretion from adjudicators invited by the
VCLT, explaining why this matters and offering steps towards
resolving these issues. Providing an expansive analysis of the
interpretation of WTO treaties, this book will be an invaluable
resource for scholars and students in the field of WTO law, as well
as international trade and economic law more broadly. Its
discussion of the possible future of dispute settlement,
particularly its proposal for a re-evaluation of the judicial
selection process, will also prove insightful to practitioners in
this area.
This Commentary provides rich and detailed analysis both of the
provisions of the UNCITRAL Model Law on International Commercial
Arbitration (the Model Law), and of its implementation, including a
comparative account of the operation of the Model Law in the
numerous jurisdictions which have adopted it throughout the world.
Key Features: Comparative and thorough analysis of the provisions
of the Model Law Consideration of the interpretations of the Model
Law adopted by courts, with references to numerous cases from
common law jurisdictions (Singapore, Hong Kong, India, Australia,
New Zealand, Canada), Germany and Austria, central Europe (Poland,
Hungary, Bulgaria), Spain, South Korea and Egypt Insight into
variations in the statutory implementation of the Model Law in
various jurisdictions across Europe, Asia, the Middle East and
Latin and North America, with the most common amendments identified
and highlighted Discussion on whether the amendments adopted in
Model Law jurisdictions should be persuasive in other Model Law
jurisdictions Exploring how the Model Law is applied and
interpreted in multiple jurisdictions, this practical and
exhaustive commentary will be an essential resource for arbitrators
and commercial litigators and will also appeal to scholars in the
fields of arbitration, international dispute resolution, and
international commercial law.
With a focus on the 1980 Hague Convention, this cutting-edge
Research Handbook provides a holistic overview of the law on
international child abduction from prevention, through voluntary
agreements and Convention proceedings, to post-return and aftercare
issues. Analysing the repercussions of abduction from the
perspectives of both abducted children and the therapeutic
professionals engaged in their cases, chapters assess the
contributions of the many professionals and key agencies involved
in the field. Identifying the 1980 Hague Convention as the
principal global instrument for dealing with child abduction, the
Research Handbook traces its role, history, development and impact,
alongside the mechanisms required for its effective use. Evaluating
current trends, areas of concern in legal practice and various
regional initiatives, it considers alternatives to high-conflict
court proceedings in international child abduction cases. The
Convention’s strengths, successes, weaknesses and gaps are
discussed, and the Research Handbook concludes by addressing the
need to tackle the challenges in its future operation.
Interdisciplinary and accessible in approach, the contributions
from renowned subject specialists will prove useful to students and
scholars of human rights and family law, international law and the
intersections between law and gender studies, politics and
sociology. Its combination of research, policy and practice will be
of use to legal practitioners working in family law alongside NGOs
and central authorities working in the field.
While the plight of persons displaced within the borders of states
has emerged as a global concern, not much attention has been given
to this specific category of persons in international legal
scholarship. Unlike refugees, internally displaced persons remain
within the states in which they are displaced. Current statistics
indicate that there are more people displaced within state borders
than persons displaced outside states. Romola Adeola examines the
protection of the internally displaced person under international
law, considering existing legal regimes at various levels of
governance and institutional mechanisms for internally displaced
persons. Scholars in the field of forced migration and law,
policy-makers and international agencies will recognize the
significance of the author's thorough examination of The Internally
Displaced Person in International Law.
This book addresses the diverse ways in which international law
governs the uses, management, and protection of fresh water. The
international law of fresh water is most comprehensively understood
in the light of the different bodies of norms applicable to these
varied uses and functions. The regulation of fresh water has
primarily developed through the conclusion of treaties concerning
international watercourses. Yet a number of other legal regimes
also apply to the governance of fresh water. In particular, there
has been an increasing recognition of the importance of fresh water
to environmental protection. The development of international human
rights law and international humanitarian law has also proven
crucial for ensuring the sound and equitable management of this
resource. In addition, the economic uses of fresh water feature
prominently in the law applicable to watercourses, while water
itself has become an important element of the trade and investment
regimes. These bodies of rules and principles not only surface in
an array of dispute settlement mechanisms, but also stimulate wider
trends of institutionalization. The book investigates the origin
and scope of these bodies of norms as they apply to fresh water,
and demonstrates how they connect and adapt to one another, forming
an integrated body of international principles. This approach is
accompanied by a detailed analysis of the practice of states and of
international organizations, taking into account the activities of
the many non-state actors involved in the treatment of fresh water.
This timely Research Handbook provides novel insights into the
institutional complexities of the North Atlantic Treaty
Organization (NATO). Through a defined focus on the post-Cold War
evolution of NATO, it provides various theoretical perspectives on
the Alliance and assesses wider research efforts within NATO
studies. Written by thirty renowned international scholars and
practitioners, chapters provide multidisciplinary insights into
NATO’s legal and political developments. They examine existing
research ventures within NATO scholarship, as well as potential
future methodological advancements. The Research Handbook looks
closely at NATO’s political and military decision-making, its
principles of governance and its key fields of action. It
additionally offers a significant analysis of the organization’s
stability and cohesion. This comprehensive Research Handbook will
be important for academics studying law, politics and international
relations surveying the intricacies of regional organizations. It
will be particularly beneficial for NATO practitioners and for
researchers endeavouring to further the field of NATO studies.
This thought-provoking book combines analysis of international
commercial and investment treaty arbitration to examine how they
have been framed by the twin tensions of "in/formalisation" and
"glocalisation". Taking a comparative approach, the book focuses on
Australia and Japan in their attempts to become regional hubs for
international arbitration and dispute resolution services in the
increasingly influential Asia-Pacific context as well as a global
context. Interweaving historical, empirical and doctrinal research
from over two decades of work in the field, Luke Nottage provides
an interdisciplinary perspective on the shifting state of
arbitration over this period. Chapters incorporate empirical
findings on topics such as case disposition times for
arbitration-related court proceedings, media coverage of
arbitration and Arb-Med patterns in Japanese arbitrations. The book
also makes normative arguments for more concerted bilateral and
regional efforts to maintain global approaches and to encourage
renewed informalisation in international arbitration. This book
will be an invaluable read for both scholars and practitioners of
international commercial arbitration and dispute resolution,
particularly those in or involved with the Asia-Pacific region.
Government policy-makers and investment treaty negotiators will
also find its insights useful.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business 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. Drawing on historical, normative, theoretical, and economic
methodologies, Pier Giuseppe Monateri offers a fresh critical
analysis of various dimensions of comparative law methods.
Comprehensive and engaging with a multidisciplinary approach, this
Advanced Introduction spans the fields of comparative legal
studies, law and finance and global law. Key features include: uses
analysis of current issues to offer a genuinely advanced
perspective use of theory for evaluating methods and approaches in
comparative law a comprehensive treatment of the main themes and
approaches in comparative law discussions. This insightful Advanced
Introduction will be an excellent resource for both law students
and scholars alike. It will also be a useful guide for those
working in international law, as well as law clerks and legal
advisors. Professor Emeritus, Kent Law School, UK
This comprehensive Companion examines the achievements and
challenges of the International Criminal Court (ICC), the world's
first permanent international criminal tribunal. It provides an
overview of the first two decades of the ICC's existence,
investigating the dominant narratives and counter-narratives that
have emerged about the institution and its work. In this timely
work, an international team of scholars and experts evaluate the
ICC's actual and potential role in the world by exploring some of
the central issues related to its creation, mandate, and
operations. Chapters address topics ranging from the negotiation
dynamics surrounding the drafting of the Rome Statute, to the roles
of the Office of the Prosecutor, judges, defence and victims, as
well as key controversies around peace and justice, selectivity of
cases and situations, and gender-sensitivity. This Companion is
critical reading for scholars, students and practitioners of
international criminal law. Its mixture of theoretical perspectives
and case study analysis will also be of interest to those studying
and working in global justice and international law more broadly,
including in transitional justice, human rights law, public
international law and international relations.
This wholly new edition of the Research Handbook on International
Marine Environmental Law provides an authoritative examination of
international law relating to the protection of the marine
environment. Rather than merely revised and updated, this new
edition provides completely new and original chapters that
critically engage with current legal issues surrounding activities
that harm the marine environment, including marine pollution,
seabed activities, exploitation of marine biodiversity and climate
change, and with the different legal tools and mechanisms,
including environmental impact assessments and compliance and
dispute settlement mechanisms, used to protect the marine
environment. New chapters also address legal issues relating to the
role of technology and marine scientific research as well as the
application of principles such as public participation. Each
chapter goes beyond a survey of existing law to identify
shortcomings in the legal regime and details further work needed to
ensure effective regulation and management of human activities that
affect the marine environment. Written by eminent scholars and
practitioners, the Research Handbook on International Marine
Environmental Law is a vital resource for scholars and government
and policy practitioners, as well as for lawyers, policy advisers
and advocates who work at intergovernmental organisations and
non-governmental organisations that address marine environmental
issues.
This unique book analyses the impact of international human rights
on the concept of gender, demonstrating that gender emerged in the
medical study of sexuality and has a complex and broad meaning
beyond the sex and gender binaries often assumed by human rights
law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics
within the field of human rights which hinder the expansion of the
concept of gender and which strategies and mechanisms allow and
facilitate such an expansion. Gender and Human Rights surveys the
development of human rights from the creation of the United Nations
up to the present day and discusses key examples of the prohibition
of violence and the regulation of culture and family in the context
of human rights. This multidisciplinary study also incorporates
additional perspectives from medical science, feminism and queer
theory. This concise yet engaging book will be a valuable resource
for scholars, students and activists working at the intersection of
gender law and human rights law, providing a critical overview of
the topic alongside strategies for future growth.
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