This book considers the question of spatial justice after apartheid from several disciplinary perspectives - jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt's terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law's spatiality in a "postcolonial" era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the "colonial nomos", on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt's account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.

After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.

This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through the examination of what are found to be the three major proxies of transnational private ordering: private standards, contracts and codes. Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards. The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law, transnational governance, and private law. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial. Contributors include: C. Busch, M. Cantero Gamito, L. de Almeida, T. Juutilainen, A. Marcacci, M. Mataija, H.-W. Micklitz, M. Paz de la C. de los Mozos, K. Pijl, G. Spindler, R. Vallejo, R. van Gestel, P. van Lochem, P. Verbruggen, B. Warwas

Examining the existing legal framework for ocean carbon dioxide removal (CDR), this forward-thinking book highlights potential legal challenges and opportunities associated with using the ocean to remove and store carbon dioxide from the atmosphere. It describes five commonly discussed ocean CDR techniques, including rock-based ocean alkalinity enhancement (OAE), electrochemical OAE, ocean fertilization, artificial upwelling and downwelling, and seaweed cultivation, and explores the legal issues that different techniques could raise. This timely book explores the laws governing ocean CDR research and deployment at the international level and domestically in seven countries across Asia, Europe, and North America. The analysis highlights the complexities and uncertainties associated with applying existing international and domestic law to ocean CDR, providing lawyers and policymakers with invaluable insights into areas where legal reforms are needed to facilitate in-ocean research and deployment. This book is essential reading for lawyers, policymakers, and others interested in advancing innovative climate change solutions. It will also appeal to academic and private sector scientists who are conducting research into ocean CDR.

The study of Law forms a component of many undergraduate and postgraduate programs. Its inclusion does not aim to equip business practitioners with skill and expertise to render professional legal advice unnecessary, but more to provide a legal framework of reference in which both strategic and more immediate business issues can be placed. Equipping managers with a basic understanding of how law impacts upon business activity can help them avoid legal pitfalls in the first place or at least identify potential problems at an early stage, to avoid inconvenience and cost.
International business can present problems that are not present in a purely domestic transaction. Any law component in a management program should embrace it and by doing so the business practitioner can be familiarized with the wider picture in which modern business, aided by technological development, is increasingly practiced.
* Shows the legal dimensions in managerial decisions both nationally and internationally
* Familiarizes the reader with legal issues from a practical business perspective in plain and jargon-free language
* Uses numerous examples to illustrate the legal principles under consideration

This edited collection explores the topic of disclosure of evidence and information in the criminal justice process. The book critically analyses the major issues driving the long-standing problem of dysfunctional disclosure practice, with contributions from academics, lawyers, former police officers, and current police policymakers. The ultimate objective is to review the key problems at the investigative, trial and post-conviction stages of criminal proceedings, and to suggest a way forward through potential routes of reform, both legal and cultural. The collection represents a significant and novel contribution to the policy debate regarding disclosure, and advances thought on resolving this issue in a fair and sustainable manner. The book provides a valuable resource for academics, practitioners and policymakers working on this vital aspect of criminal procedure.

The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

The UN's capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. Administrative Justice in the UN explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Niamh Kinchin adeptly explores accountability in the context of decision-making within the UN and examines whether its administrative decisions, affecting the rights and obligations of individuals and groups, contain sufficient procedural protections. It is suggested that 'global administrative justice' requires two fundamental elements; administrative decisions made according to law, and to values communities accept as just, which are identified as rationality, fairness, transparency and participation. This model is applied to the UN's Investigations Divisions of the Office of Internal Oversight Services, the UN High Commissioner for Refugees, the UN Security Council and the Internal Formal Justice System in order to measure procedural protections, identify gaps and make recommendations for reform. This insightful book will be vital reading for academics and students of human rights, constitutional, public international, and administrative law. UN-affiliated personnel, as well as those involved in diplomatic departments, will find this book an engaging read.

This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defense, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law. Contributors: C. Bell, R. Cryer, C. De Cock, C. Gray, V. Hadzi-Vidanovic, M. Happold, C. Henderson, K. Hulme, D. Kritsiotis, C. Lehnardt, K. Manusama, M. Milanovic, M.E. O'Connell, A. Orakhelashvili, N. Ronzitti, T. Ruys, M. Sossai, N. Tsagourias, D. Turns, N.D. White, R. Wilde

Provides a framework for understanding of the legal, contractual and procedural implication of architectural practice. The book acts as a useful aide-memoire for students and practitioners based on the premise that smooth legal administration will provide the conditions under which client relations can be constructive and good design can be achieved.

The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.' - Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.' - Malgosia Fitzmaurice, Queen Mary University of London Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia. This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law. Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao

The role of the European judiciary has, in recent years, undergone a significant upheaval that has led to a realignment of judicial, legislative and executive powers. This exciting new book provides an insider s perspective on how these changes have affected the practical aspects of life in the European judiciary.This first book in Elgar's new series on Judicial Cooperation covers areas central to the evolution of the judiciary's role, including the protection of its independence, the working conditions of the judiciaries, as well as their relations with outside partners. With great insight, the contributors to this volume explore the shifting role that courts play as both legal innovators and system stabilizers. In order to carry out these roles effectively the judiciary must strive for cooperation: this book makes a valuable contribution to that aim. Regulating Judicial Activity in Europe will appeal to researchers and graduate students as well as to EU and national officials. Contributors include: A.S.H. Gaspar, V. Lamanda, G. Londers, K. Tolksdorf

* An enormous contribution to the understanding of climate negotiations - the most complex and challenging international regime to date* Explains how governments need to organize ever more demanding multilateral negotiations successfully* Essential reading for those involved in climate negotiations and in planning or participating in other high-level negotiationsThe global negotiations over climate change involved over 180 countries and innumerable observers and other participants, addressing enormously complex and economically vital issues with conflicting agendas. For the UN to create an effective and well-supported international regime required enormous and very skilful organization. Using the metaphor of a theatrical production, this book shows how this was accomplished to produce the UN Framework Convention on Climate Change, the Kyoto Protocol and the subsequent Bonn and Marrakesh Accords. The author draws out the lessons and implications for other intricate and far-reaching negotiations, not all of which have succeeded so far, such as the WTO trade negotiations at Seattle and Cancun. She identifies six key elements that determine organizational effectiveness as a necessary condition for successful outcomes.

This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction ? regional versus global ? for the settlement of disputes.This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important.

The Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market. This handbook is a detailed reference source of original articles which analyse and critically evaluate the scope of the current paradigm change, and explain why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities. With contributions from a selection of highly regarded and leading scholars and practitioners in the Commercial Space Law field, and the inclusion of salient documents, regulatory and contractual documents, the Routledge Handbook of Commercial Space Law is an essential resource for students, scholars, and practitioners who are interested in the field of Commercial Space Law.

By juxtaposing theoretical and legal frameworks and conceptual contexts alongside a wide distribution of geographical and temporal case studies, this book throws light upon the risks, and the realizations, of art and heritage destruction. Exploring the variety of forces that drive the destruction of heritage, the volume also contains contributions that consider what forms heritage destruction takes and in which contexts and circumstances it manifests. Contributors, including local scholars, also consider how these drivers and contexts change, and what effect this has on heritage destruction and how we conceptualise it. Overall, the book establishes the importance of the need to study the destruction of art and cultural heritage within a wider framework that encompasses not only theory, but also legal, military, social, and ontological issues. The Routledge Handbook of Heritage Destruction will contribute to the development of a more complete understanding and analysis of heritage destruction The Handbook will be useful to academics, students and professionals with an interest in heritage, conservation and preservation, history and art history, archaeology, anthropology, philosophy and law.

Emission trading schemes have become instruments of choice in climate change policy across many jurisdictions, and this has led to massive experimentation across very different contexts. The scale and urgency of the climate change problem and the real-life complexity of emission trading schemes combine to make high quality, detailed studies necessary, important, and sometimes fascinating. This book scores on all these fronts. By putting practical implementations within a sound theoretical framework, it will be of value both for seasoned and not so seasoned scholars and policymakers.' - Javier de Cendra de Larragan, IE Law School, SpainEmissions trading is becoming an increasingly popular policy instrument with growing diversity in design. This book examines emissions trading design, emissions trading implementation problems and how to address them. In an easily accessible way, the book examines advantages and disadvantages of emissions trading and presents policy considerations that designers should not neglect. Stefan Weishaar reviews the main implementation challenges emissions trading faces and assesses how they can be addressed in an effective, efficient and acceptable way. By reviewing existing and emerging emissions trading systems around the world, the book describes why emissions trading systems are used in an environmental policy mix, how an emissions trading system can be designed, what special design issues should be duly considered, and with whom emissions trading systems can be linked. Written from both a legal and an economic perspective, this book will appeal to academic researchers and postgraduate students in environmental law and policy, and those focused on energy and climate change issues. It will also be essential reading for policymakers, managers and consultants working in this field. Contents: 1. Introduction 2. Emission Trading and Alternative Instruments 3. Design Variants of Emissions Trading 4. Real-life Applications of Emissions Trading Systems 5. Implementation Issue 1: Initial Allocation of Emission Rights 6. Implementation Issues 2: Secondary Market for Emissions Rights 7. Implementation Issue 3: Operational Aspects of Emission Rights 8. Implementation Issue 4: Lawsuits Following from Emissions Trading 9. Linking Emissions Trading Schemes 10. Concluding Remarks References Index

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.

Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.

The only up-to-date textbook that provides a systematic, critical overview of the human rights-development nexus. The book will provide students and practitioners with an in-depth understanding of human rights as a development challenge, delineate the responses and alternative critical approaches from a theoretical and practical perspective Equips readers with the conceptual frameworks and analytical tools for independent investigation of key issues at the human rights/development interface. Wide-ranging in scope, multi-scalar in looking at global policy initiatives or vulnerable groups such as indigenous peoples Well developed pedagogy including: a student briefing in the introduction, questions for discussion at the end of each chapter, text boxes to highlight particular issues, theoretical approaches, examples, cases and annotated further reading.

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity.With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

Discrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against 'non-standard' workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Issues not covered by the legislation such as those relating to multiple discrimination and caste discrimination are also analysed. Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter. This is an essential introduction to the wide-ranging law relating to discrimination in the UK for law, HRM and business students.

A comprehensive examination of the way in which the Convention on the International Trade in Endangered Species (CITES) is implemented and policed. CITES is one of the oldest international environmental agreements and has been responsible for some striking conservation successes. But, given the way it has evolved, there are also some critical weaknesses that unscrupulous countries and commercial interests can exploit, especially regarding information, institutions and enforcement. The convention needs reform and this book gives a trenchant critique, including practical and effective recommendations for change.