External relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty. This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas.
The volume opens with an assessment of a central concept at the heart of EU external relations, underpinning its international identity. Christophe Hillion analyses the legal principles which ensure coherence between different strands of the EU's external activity, and the contribution of law to the consistency of the EU's international presence. Frank Hoffmeister turns the focus outwards to the interaction between the EU and the international legal order- the legal basis for the EU's activity in shaping international law and the EU's contribution to 'state practice'.
These opening chapters develop a picture of the EU's active international participation as well as the characteristic structural complexity of its external relations, and against this background the remainder of the book examines key policy areas of EU external action. Lorand Bartels analyses the relationship between trade policy and development; Markus Krajewski discusses trade in services and the link between external and internal policy issues; and Nathalie Tocci assesses the EU's contribution to conflict resolution, an important focus of the Common Foreign and Security Policy. The complex policy picture that emerges from the different goals, values and instruments across these areas is examined in the book's final chapter which focuses on the European Neighborhood Policy, frequently proclaimed as a strategic priority for the EU.
Together, the essays present a clear picture of the complex development of EU external relations, of the struggle for coherence in the increasingly active, visible and self-conscious role played by the EU as a participant in the international legal order.

For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

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.

This book is concerned with the social legitimacy of internal market law. What does social legitimacy entail within the multi-level 'embedded liberalism' construction of the internal market? How can the objectives of the internal market that focus on economic rights and a commitment to social diversity both be pursued without one necessarily trumping the other? These questions continue to challenge the very core of European integration. How can the diversity of Member States' 'social systems' and the varying normative infrastructure of their economies be sustainably accommodated within the internal market? This book seeks to contribute to these questions by discussing what has come to be known as the argument from transnational effects and the development of an adjudicative model for the European Court of Justice that can be termed 'socially responsive'. Drawing on the historical insights of Karl Polanyi it argues that the internal market can only be held to be socially legitimate where it supports the requirement for further market integration while still responding to social practices and values within the member states. The book presents in-depth studies of the case law of the Court in the areas of EU free movement, competition and state aid law. In so doing, this important new study aims to provide the language and tools for assessing social legitimacy in the internal market.

In the wake of the credit crunch, structured finance is linked to bailed-out investment banks and overpaid executives rather than to the innovative financial solutions it continues to provide. The initial response from the financial markets has been a move back to basics, to plain vanilla transactions. Furthermore, securitization, derivatives and other structured products are facing intense regulatory and political scrutiny. These pressures notwithstanding, the potential of structured finance will play an important part in facilitating recovery. This book explains why. This book serves three purposes. First, it complements and updates the analysis of structured finance in the popular and highly acclaimed first volume in this series ("Securitization Law and Practice in the Face of the Credit Crunch"), with plenty of focus on derivatives. It includes a discussion of the collateralization of derivatives exposure as well as an analysis of novel derivative products such as weather and property derivatives. Second, it defines the key milestones of the credit crunch, focusing on the potential impact of the expected flow of litigation by aggrieved investors against the perceived deep pockets of arrangers and rating agencies around the world. Third, it illustrates ways in which the untapped potential of structured finance may well facilitate recovery. To this end, the book explores opportunities for securitization by sovereign states, by companies in emerging markets through DPRs, and by financial institutions plagued with non-performing loans and negative equity mortgages in the wake of property market conditions. Like its predecessor, this second volume in the series will again appeal to a wide variety of practitioners, whether lawyers in private practice or in-house or those active in the financial markets or in a supervisory or regulatory environment. Example structures and actual transactions make the topic very easily accessible and practice oriented. This book is an indispensable tool for any professionals connected with financial law in these turbulent times.

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aAt this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context.a
--"International Law Reporter"

aProvides a timely work of history and a provactive thesisa--"New York Law Journal"

In an illuminating . . . survey, Richards traces the use of military commissions . . . throughout the U.S. history as well as in the Boer War and World War I.a
--"New York Law Journal"

"A fascinating history of military commissions in the West's prior wars. Peter Richards argues that military justice has a necessary role to play in defeating al Qaeda. The processes of fair trial, he argues, must take account of the real difficulties posed by this new style of war."
--Ruth Wedgwood, Edward Burling Professor of International Law and Diplomacy, Johns Hopkins University

"An excellent work, breaking new ground while respecting the scholarship and writing that has gone before. It is unique in its content, approach, and lessons, reflecting deep research and excellent scholarship."
--Gary D. Solis, Georgetown Law, and author of "Marines and Military Law in Vietnam"

The Al-Qaeda terror attacks of September 11, 2001 aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or "commissions" for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions, most recently "Hamdan v. Rumsfeld,"

At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the "Great War," and allied practices during the Second World War.

Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.

The book systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analyzing this mechanism in light of the annulment decisions rendered so far as well as the publications on the issue.
Organized to suit the needs of the practitioner, it outlines the recent trends in the area, providing the most up to date analysis of the subject. It also addresses key topics involving ICSID annulment such as the procedural issues which frequently arise in this type of proceedings, for example admissability of new evidence and arguments in annulment proceedings, res judicata in resubmitted cases.
The sections on each ground for annulment include an analysis of the applicable standard as well as a detailed description and study of each annulment decision that addressed the respective ground, creating an authoritative and complete resource.

Internal displacement has become one of the most pressing geo-political concerns of the twenty-first century. There are currently over 45 million internally displaced people worldwide due to conflict, state collapse and natural disaster in such high profile cases as Syria, Yemen and Iraq. To tackle such vast human suffering, in the last twenty years a global United Nations regime has emerged that seeks to replicate the long-established order of refugee protection by applying international law and humanitarian assistance to citizens within their own borders. This book looks at the origins, structure and impact of this new UN regime and whether it is fit for purpose.

This concise and practical guide to the most important economic techniques and evidence employed in modern merger control draws on the authors' extensive experience in advising on European merger cases. It offers an introduction to the relevant economic concepts and analytical tools, and stand-alone chapters provide an in-depth overview of the theoretical and practical issues related to market definition, unilateral effects, coordinated effects and non-horizontal mergers. Each form of economic evidence and analysis is illustrated with practical examples and an overview of key merger decisions.

This is a collection of papers that were initially presented at the international conference, which was organized from 9th to 10th November 2018 by the Serbian Academy of Sciences and Arts (SASA) and Faculty of Law, University of Belgrade. The conference was organized on the occasion of the 70th anniversary of the Universal Declaration of Human Rights. Besides the introductory address, by Ben Ferencz, one of the prosecutors at the Nuremberg Trials, this volume gathers internationally renowned scholars and practitioners who deal with diverging issues from the international human rights law and politics. The volume opens with a selection of contributions broadly falling under the heading - general theoretical issues. It is followed by a handful of articles focusing on the minority rights protection in the 21st century. Third part of the book is devoted to a pertinent problem of accountability of corporations for human rights violations. The closing part of the book is dedicated to environment and bioethics as human rights issues. This volume would be of interest to both human rights scholars and practitioners as well as to those generally interested in public international law issues.

This book offers an in-depth analysis of the function of certification in general and of certification systems in a range of different sectors. The authors examine certification from both a theoretical and a practical standpoint and from the perspectives of different disciplines, including law, economics, management, and the social sciences. They also discuss instruments that help ensure the quality of certification, which can range from public law measures such as accreditation, to private law incentives, to deterrents, such as liability towards victims. Further, they assess the role of competition between certification bodies. Readers will learn the commonalities as well as the necessary distinctions between certification bodies in various fields, which may stem from the different functions they serve. These similarities and differences may also be the result of different types of damage that the certified producer or service provider could potentially cause to individuals or to the public at large. Often, companies use certification bodies as an argument to assure the general public, e.g. regarding the safety of medical products. Closer inspection reveals, however, that sometimes certification bodies themselves lack credibility. The book offers essential information on the benefits and pitfalls associated with certification.

Regional integration, mass migration and the development of transnational organizations are just some of the factors challenging the traditional definitions of citizenship. In this important new book, Rainer Baubock argues that citizenship rights will have to extend beyond nationality and state territory if liberal democracies are to remain true to their own principles of inclusive membership and equal basic rights. In Transnational Citizenship theoretical discussion of the definition and extension of citizenship rights is combined with comparative policy analysis on rules of naturalization and expatriation in liberal democratic states. An important distinction is drawn between nominal citizenship, which refers to the legal status of membership, and substantial citizenship, which concerns the distribution of basic rights in a state. Three areas where states can become more open to the acceptance of migrants as citizens are suggested: naturalization, the extension of citizenship rights to non-citizens and the admission of immigrants. Although the author still regards citizenship in terms of membership of territorially bounded states, he argues that it can no longer be defined by the model of national communities. In exploring what it means to accept migrants as members of liberal democracies, Rainer Baubock has made a singular contribution to our understanding of citizenship and the right to migration. Innovative without being utopian, this important book will be welcomed by political and sociological theorists, migration researchers and lawyers concerned with issues of migration and naturalization.

Pleadings, Oral Arguments, Documents: Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) Volume V

Opposite pages bear duplicate numbering. Volume 2. Memorial of Germany (continuation); Counter-memorial of the United States of America

Trade between the United States and the eighteen countries of the Middle East and North Africa continues to grow at a steady pace, particularly with those countries that have signed free trade agreements with the US. This insightful and timely book examines US bilateral free trade agreements with a cross section of Middle Eastern countries. Economists discuss this topic generally, but few published works focus on the consistency of US bilateral free trade agreements with the relevant legal norms in the Middle East, other regional agreements and the multilateral trading system. Four central questions are at the heart of this book's illuminating analysis: 1. Are US bilateral free trade agreements consistent with international legal norms? 2. Are these agreements consistent with Middle Eastern norms on regional integration? 3. Are the agreements consistent with Islamic norms on trade liberalization? 4. Are the agreements consistent with local norms on intellectual property, environmental protection and labour standards?

Non-discrimination requirements, such as most-favored nation and national treatment obligations, are central to both international trade law and international investment law. Significant inconsistencies between the fields are evident, however, in the way adjudicators have treated key elements of the test for discrimination. This book surveys and criticizes the manner in which tribunals have employed the concept of regulatory purpose in determining whether discrimination has occurred. The authors of this book propose a new definition of regulatory purpose that assists in framing the test for unlawful discrimination in both fields of law. It provides a systematic and structured analysis of how regulatory purpose should - and should not - be used in applying non-discrimination norms. Throughout, the book compares and contrasts trade and investment law, drawing out several parallels and suggesting areas in which one legal system might answer or shed light on questions arising in the other. With its comprehensive and up-to-date analysis of trade and investment jurisprudence, this book will appeal to practitioners and academics in the fields of trade and investment law. Lawyers and adjudicators will find it a useful source of ideas and proposals to inform their arguments and decisions. For government officials, it will be informative when considering the optimal way to structure measures that may affect the interests of foreign traders or investors. It will also provide a useful survey of the literature for academics, as well as a springboard for further comparison of international trade and investment law.

Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide.

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts: Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field. Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.

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

The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat.
The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.
Among the issues and topics addressed:
- What is the definition of 'circumvention' in anti-dumping law? What are the characteristics and types of circumvention? Should circumvention in anti-dumping practice be distinguished as an acceptable or unacceptable transaction? If so, what is the line between them?
- What are anti-circumvention measures in major jurisdictions? Are these anti-circumvention measures compatible with the current WTO rules? Can these anti-circumvention measures be seen as an abuse of trade protectionism? In domestic anti-circumvention legislation, how can one keep a balance between adopting anti-dumping measures effectively and protecting the interests of all participants in the game through anti-circumvention measures?
- What are the different arguments of the parties who are involved in an anti-circumvention investigation? What are the factsbehind those arguments?
- Should developing countries amend anti-circumvention provisions to their anti-dumping legislation for the purpose of protection as some developed countries did?
- What is the relationship between anti-circumvention measures and foreign direct investment?
- What steps should be taken against the abuse of anti-circumvention measures? What anti-circumvention measures should be designed in the context of the international legal framework so as not to conflict with the principles of the WTO? And how should they be implemented?

This groundbreaking research review analyses leading work at the intersection of private international law and arbitration. Written by two recognised experts in the field, it covers wide range of topics, from international arbitration agreements and choice of law to the enforcement of awards and arbitration involving states. This authoritative study provides an essential research resource for students, academics and practitioners alike.