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 Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.

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.

What will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect. Not long ago only scant data were publicly available on the subject of patent litigation in EU member states. Using recently published data, Luke McDonagh paints a detailed picture of the patent litigation system in the key European jurisdictions of the UK, Germany, France and the Netherlands. He then outlines the rationale for reform - the perceived need to provide a more efficient, cost effective, harmonious litigation system - as well as the structure of the key reformative innovations. Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe's patent litigation system in the near future. This illuminating book will be useful to scholars, including postgraduate students, practitioners and policy makers wishing to learn more about the future of patent litigation in Europe.

Internationally, there is now an acceptance of the need to develop new strategies in criminal justice which reflect restorative justice principles. At the same time, theory, research and practice in restorative justice is making rapid advances. This book provides an up-to-date and critical account of recent developments. It describes the practice of restorative justice with respect to young offenders in a number of jurisdictions - Australia, Canada, England, New Zealand, South Africa, the United States and various continental European countries. Research findings on the three most common formats - conferencing, victims offender mediation and circles - are presented. Critical issues for the future development of restorative justice are identified. Two main themes run through the collection - the potential of restorative processes to transform criminal justice processes and the potential for aboriginal or indigenous communities to impact on conventional processes. Contributors include active researchers and leading theorists from around the world.

This book addresses challenges that new technologies and the big data revolution pose to existing regulatory and legal frameworks. The volume discusses issues such as blockchain and its implications for property transactions and taxes, three (or four) dimensional title registration, land use and urban planning in the age of big data, and the future of property rights in light of these changes. The book brings together an interdisciplinary collection of chapters that revolve around the potential influence of disruptive technologies on existing legal norms and the future development of real estate markets. The book is divided into five parts. Part I presents a survey of the current available research on blockchain and real estate. Part II provides a background on property law for the volume, grounding it in fundamental theory. Part III discusses the changing landscapes of property rights while Part IV debates the potential effects of blockchain on land registration. Finally the book concludes with Part V, which is devoted to new technological applications relevant to real estate. Providing an interdisciplinary perspective on emerging technologies that have the potential to disrupt the real estate industry and the regulation of it, this book will appeal to a broad audience, consisting of scholars, policy-makers, practitioners, and students, interested in real estate, law, economics, blockchain, and technology policy.

This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.

'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.' - Tony Anghie, National University of Singapore and University of Utah, US 'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.' - Brenda Cossman, University of Toronto, Canada 'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.' - Vasuki Nesiah, New York University, US Human rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.

This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU's objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU's current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU's current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.

This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates "Pragmatic Methods" as a new approach to compiling a Civil Code of China and shares the author's thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author's "mode of the codifying of non-basic laws" for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China - a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on "Judicial Opinions of China" website, which is the first step of the author's plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.

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.

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

This book analyses the 2018 Global Compact on Migration and the need for, and difficulties of adopting a multilateral agreement on migration. Particular attention is given to the challenges and constraints involved, given not only the divergent needs and conditions of different counties but also the varying interests of different groups within countries. A synoptic history of previous attempts at reaching a multilateral migration agreement is provided, from 1927 onwards, to give context to the recent negotiations. The lack of a clear recognition of migration as a global process and the absence of a firm commitment to responsibility- sharing arrangements are highlighted. The book explains why the 2018 migration is both a breakthrough and at the same time an opportunity lost. In doing so,] it also analyses the limitations of the present deal, including inadequate attention to the root causes of forced and disruptive migration in origin countries, and highlights how the 2018 agreement can be built upon to create a dynamic harmony in the global migration system. The book will be relevant to researchers and policy makers as well as to professionals and activists concerned with migration, labour economics and international development.

Lawyers involved in international commercial transactions know well that that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as A force majeure A| and A hardship. A| The author shows that the A general principles of law A| approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal codes. Its most important A restatements A| are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and two A soft law A| codifications of international commercial contract law: the UNIDROIT Principles of International Commercial Contracts and the European Principles of Contract Law (PECL).Establishing specific standards and A case groups A| for the exemptions under review, the analysis treats such recurring elements and claims as the following:A { impossibility of performance;A { frustration of contract;A { impracticability;A { interference by the other party;A { contractual risk allocations;A { unforeseeability of an impediment;A { third party responsibility;A { effect of mandatory rules;A { excluded rights;A { threshold tests; andA { irreconcilable differences. The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. In addition, as an insightful investigation into the fundamental question of the borderlines of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country's complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.

This book brings forth the philosophical, conceptual and practical contours of the trade regionalism provisions under the GATT/WTO. It analyses SAARC as the regional integration organisation of South Asia along with identifying major challenges and bottlenecks faced by it in the process of achieving regional integration. It presents ways and methods through which SAARC can be made a more effective regional organisation. The book predominantly focuses on trade regionalism. However, other areas of integration which have impacts on the trade regionalism are also examined like social and political integrations etc. The book takes off from the premise that trade regionalism under SAARC has failed and has been marred by political and security concerns among its member nations. It has failed to achieve its objective on all the three counts, which are promoting peace, development and economic cooperation. However, with the developing countries as members, SAARC has great potential for trade integration. Certain structural, normative and organisation alteration along with favourable ideation can still make SAARC achieve its full potential. The book also deals with the comparative analysis of SAARC regional integration with the regional integration under European Union and ASEAN. Regarding comparative regionalism, the discussion has been confined only to the EU and ASEAN. The EU has been chosen because it is comparatively established as one of the most successful regional organisations in the contemporary world. Whereas, ASEAN has been chosen because of its similarity to the SAARC's economy, society and political structure. The analysis presented in the book is from the perspectives of international law and international relations' theories and practise. This book thus is of particular relevance to the students, researchers, academicians, policymakers and practitioners of international trade law, international relations and South Asian studies.

Private international actors go to arbitration to avoid adjudicatory risks, especially the risk of bias. It follows that safeguarding procedural fairness is a key concern in arbitral processes, and that exposing actual bias is crucial. However, evidence from both case law and institutional statistics shows that wily parties are willing to abuse procedural fairness and cry bias as a way of delaying proceedings and escaping enforcement, and that the frequency of such spurious challenges is increasing. This insightful book offers a proposal, solidly grounded in legal principle and precedent, for how the arbitration community should respond to this threat. The author shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts. He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence. He shows that the 'real danger' test, derived from the decision of the House of Lords in Gough, has a much higher threshold, and has the additional advantage of making the arbitral award stronger at the all-important enforcement stage. In the course of the presentation the book analyzes, in extraordinary depth, such issues as the following: - which state's courts are most likely to find arbitrator bias, and which state's courts are least likely; - applying the 'real danger' test under the various applicable conventions, the Model Law, and institutional rules; - bias challenges under European Human Rights law; - distinction between party-appointed arbitrators and chairmen in the context of a bias test; - relevant trends in investor-state and ICSID arbitration; and - bias rules in the lex mercatoria. In a broad comparative survey of the law of bias challenges in international commercial arbitration covering all leading states, the author examines various municipal laws to determine their tolerance for a 'real danger' clause in commercial contracts. His analysis, replete with case summaries and material facts, provides a strong scaffolding for his thesis, and also probes the causes of the increased rate of bias challenge. The need for a uniform test in this area is made very convincing by this original study. Arbitrators and other interested professionals and academics will find it of unusual value and interest, and corporate counsel will find much to consider in the use of the 'real danger' clause.

De bijdragen in dit Festschrift behandelen diverse onderwerpen van het binnenvaartrecht. Aan de auteurs die aan deze feestbundel hebben meegewerkt werd gevraagd hun bijdrage aan te leveren in het Nederlands, Engels, Duits of Frans, alle vier talen die Resi beheerst. Voor u ligt het resultaat van hun arbeid. De redactie hoopt dat de lezer evenals de jubilaris deze met vrucht en met plezier zal consulteren, en is ervan overtuigd dat dit Festschrift een waardevolle bijdrage zal vormen aan de rechtsliteratuur over het binnenvaartrecht.

Allen examines the maritime counterproliferation activities of nations participating in the Proliferation Security Initiative, as set out in their Statement of Interdiction Principles. He explains the framework for conducting maritime interception activities, examines the importance of intelligence to PSI operations, and assesses the legal issues raised by those operations. The threat of WMD use by terrorist groups and rogue regimes has added new urgency to global security discussions. Responses to the dangers posed by WMD include the nonproliferation regime, safeguards for WMD materials while in transit, export controls, treaties on terrorism, Security Council resolutions, and the new Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. The existing nonproliferation regime will never, by itself, provide an adequate level of security. As a result, risk management strategies must include layered counterproliferation activities and consequence management. Counterproliferation measures may include maritime interdictions. The Proliferation Security Initiative, a cooperative undertaking launched in 2003, provides a framework for those interdictions. The framework was formalized in the Statement of Interdiction Principles. After providing an overview of the threats posed by WMD proliferation, this book surveys the nonproliferation regime and counterproliferation measures states have adopted to supplement it. It next provides an overview of maritime interception operations and the intelligence issues surrounding them, before turning to the laws governing such operations. It then examines each of the actions described in the PSI Statement of Interdiction Principles to assess their compliance with applicable laws. Finally, it looks at the laws that establish the responsibility of states for taking unwarranted counterproliferation actions against vessels.

This timely research review discusses key articles dealing with the importance of territory for international law in its relationship with power, state building and globalization. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times until today, the emergence of new areas for the territorial expansion of states and border delimitation rules. Finally, the review investigates the impact of the human dimension in the way international law addresses territorial issues, particularly the individual and collective human rights, including indigenous peoples and the right to self-determination.

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.

This insightful book offers a comprehensive account of the conceptual challenges facing state consent in the framework of treaty making. It highlights the relevant discursive patterns and pinpoints the increasing antagonism between treaty bodies and state parties over the ownership of treaty evolution, with the author warning of the repercussions of treaty institutionalization. Showcasing the broad and encompassing nature of treaties, the author highlights the surrounding conflicts through chapters on the theory and concept of treaty and case studies on the flexibility of consent to be bound means, treaty withdrawal, the automatic succession doctrine and the law of reservations. The last part of the book explores how the invocation of the collective interest ideal, the institutionalization of treaties and the recurrence of formalism can endanger the legitimacy and effectiveness of treaty regimes. This book offers an original perspective on the role of state consent in the law of treaties and will be of great interest to academics, researchers and practitioners of international law seeking further knowledge about this complex topic.

In recent decades the world has experienced the rise of so-called 'low intensity conflicts'. Unlike conventional wars these very bloody armed conflicts are no longer the affair of state governments and their armies. In their place appear police-like armed units,security services and secret services, groups and organizations of religious, political and social fanatics ready to resort to violence, 'militias', bands of mercenaries, or just gangs of thugs, led by the condottiere of the 21st century, consisting of militant charismatics, militia 'generals', 'drug barons' and 'warlords' of various kinds. They conduct wars in which the soldiers no longer wear uniforms and there is no meeting of armies in open battle. The armed organizations fight in urban agglomerations and in difficult, inaccessible regions. The combatants fight for religion and quasi-religious ideologies, for the 'rights of the people' or 'national liberation', for power, gain, and booty, and above all for recognition. For the practice of peace, this kind of war has far-reaching consequences. In this book the authors examine various paths to peace and reconciliation in low intensity conflicts. They look at processes of peace making from South Africa and the North of Mali to Indonesia and South East Asia. Common to most studies is that they stress the particular local contexts of peace making tied to the highly localized nature of most low intensity conflicts. The logic of peace has become a logic of local and regional power. The articles shed new light not only on ways and chances of interventions by the international community but also on the role of nongovernmental organisations in violent conflicts.