During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge's decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.

Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

This book presents dispute settlement decisions of the World Trade Organization by using extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the large annotations and conclusion sections.

This volume brings together an interdisciplinary group of scholars from the United States, the Middle East, and North Africa, to discuss and critically analyze the intersection of gender and human rights laws as applied to individuals of Arab descent. It seeks to raise consciousness at the intersection of gender, identity, and human rights as it relates to Arabs at home and throughout the diaspora. The context of revolution and the destabilizing impact of armed conflicts in the region are used to critique and examine the utility of human rights law to address contemporary human rights issues through extralegal strategies. To this end, the volume seeks to inform, educate, persuade, and facilitate newer or less-heard perspectives related to gender and masculinities theories. It provides readers with new ways of understanding gender and human rights and proposes forward-looking solutions to implementing human rights norms. The goal of this book is to use the context of Arabs at home and throughout the diaspora to critique and examine the utility of human rights norms and laws to diminish human suffering with the goal of transforming the structural, social, and cultural conditions that impede access to human rights. This book will be of interest to a diverse audience of scholars, students, public policy researchers, lawyers and the educated public interested in the fields of human rights law, international studies, gender politics, migration and diaspora, and Middle East and North African politics.

In the tumultuous negotiations of the Sino-British Joint Declaration of 1984, the United Kingdom willingly signed over Hong Kong's reigns to the People's Republic of China, but with the presupposition that the PRC would faithfully implement the principle of "one country, two systems" for the following fifty years. Yet since the handover in 1997, the PRC has failed to allow Hong Kong a higher degree of autonomy. "One Country, Two Systems" in Crisis elucidates how China's intervention has curtailed Hong Kong's civil liberties; how freedom of speech is at the mercy of the government; and how deception has turned the "Pearl of the Orient" into the rubber stamp of the Chinese Communist Party.

This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime - largely tackled by recent literature - it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation - based on automated processes (often using machine learning) - and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of 'predictive justice' in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of 'prediction' in criminal proceedings.

This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions Guidance on how these tactics are addressed in national and international law Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.

The focus of this book is the legal analysis of the evolution of federal relationships from an asymmetric treaty-constitutional federation to a de facto unitary state. Questioned is whether it is worth returning to the asymmetric federative form, while the aim is to review the origins of federalism in the New Russia, assess the present de jure and de facto situations and analyze whether Russia has a chance of reviving federalism. Steps forward on the way to developed federal relationships in the 1990s have been replaced by steps backwards owing to unitary tendencies in the 2000s and the 2010s. But is this a sustainable state of affairs? The possible ways of framing relations between the center and the constituent units for the next four years and beyond are also discussed. This book is aimed at researchers and students in the field of comparative constitutional law, Russian studies and federal and regional studies. Gulnara R. Shaikhutdinova is Professor and Doctor of International Law in the Faculty of Law of Kazan (Volga Region) Federal University, Republic of Tatarstan, Russian Federation.

The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration - i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book - the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects - proves the PCA's contemporary relevance within the international dispute settlement framework. Among aspects of the PCA's work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA's historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA's present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA's activities in future and to sustain and enhance the institution's ongoing revitalization.

Economic globalization and Compliance with International Environmental Agreements is an innovative and in depth consideration of the challenges economic globalization poses for the effective application of multilateral environmental accords. The introductory part of the book examines particular challenges of economic globalization. Part II tackles the interrelationship of global and regional environmental agreements and free trade regimes. It first looks at trade and other economic measures mandated by various environmental agreements, then at environmental measures in economic agreements. The third part of the book turns to compliance, analyzing the potential positive and negative impact of multilateral institutions, states, and transnational corporate activity. The last chapter considers the impact on compliance of modern dispute avoidance and dispute settlement mechanisms.

Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. This book seeks to analyze the inner penetration of a form of world polity or transnational order - comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology - on the traditional notion of state sovereignty within the international arbitral regime. The title will interest practitioners and academics with an interest in international commercial arbitration.

This book analyses the egalitarian foundations of equality law from a classical liberal perspective by asking two central questions: does justice ideally demand equality? Are differences in abilities among people in some sense unfair? The book examines these questions in the context of racial diversity. Racial justice as a component of social justice is often considered to be so emotionally and morally compelling that its implications for economic freedom are rarely subjected to critical scrutiny. In defending the classical ideal of formal equality in contexts of racial diversity this book questions the ethical status of egalitarian social and moral ideals. Economic Freedom and Social Justice argues that egalitarian ideals, like all subjective value judgements, must be subjected to critical intellectual inquiry rather than treated axiomatically. Drawing upon the legal framework in the UK and other common law jurisdictions, this book shows some of the ways in which egalitarian ideals, in addition to resting on false premises, are costly, harmful, and ultimately inimical to justice and liberty. The book argues that legal entitlements and policy guidelines constructed upon notions of racial equity are wrongly constituted as the main prism through which liberal market democracies govern private relationships, including the employment relationship. Written in a clear and forthright style, this book will be of interest to students and scholars in law, economics, philosophy and political economy.

This book presents selected papers from the 23rd Eurasia Business and Economics Society (EBES) Conference, held in Madrid, Spain. While the theoretical and empirical papers presented cover diverse areas of economics and finance in different geographic regions, the main focus is on the latest research concerning international trade, public economics, and regional studies. The book also includes studies on the economics of innovation, inequality and tourism.

ADR is not merely a substitute for court proceedings or arbitration, but a method of dispute settlement in its own right. In ADR proceedings, the parties call upon a third party not for a decision, but for assistance in reaching an agreement. As a result, ADR is not only less expensive and usually quicker than other methods, but it is capable of giving both parties some degree of satisfaction. The purpose of this book is precisely to look at ADR on its own terms as a way of resolving business disputes, particularly at the international level. Drawing upon diverse approaches, ADR experts from a variety of countries explore the situations to which ADR lends itself and the different permutations it offers to allow each dispute to be handled in the manner most fitting to the circumstances. The contributors also show how ADR serves such important considerations as the interests involved, the need to avoid a public display of differences, and the wish to anticipate problems. By throwing new light on the achievements of ADR and the possibilities it offers, this book will help to situate ADR amongst the panoply of dispute resolution methods now available to the international business community. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute which has arisen, will find expert guidance here when deciding which method of resolution to adopt, or whether a combination of procedures would be appropriate. Academics will discover a very useful volume which not only deals with many of the issues raised by ADR, in particular its relationship with arbitration, but also provides material for comparative study of how these issues have been approached and treated until now in various regions of the world, cultures and backgrounds.

This work examines trade and development from the point of view of developing countries, it provides a rare opportunity to understand - and benefit from - the perspectives of the developing world. Developing nations comprise two-thirds of the membership of the World Trade Organization (WTO) so a work produced by an array of experts from those countries provides an important window on the intersection of trade and development.
This timely and useful resource will examine each of the following topics:
Part I. The WTO, Multilateral and Regional Frameworks for Trade. 1. Development and the World Trade Organization: Proposal for the Agreement on Development Facilitation and the Council for Trade and Development in the WTO, Yong-Shik Lee. 2. A Reflection on the South-South Coalition in the Last Half Century from the Perspective of International Economic Law-making, An Chen. 3. The WTO, Democracy, and Development: A View from the South Bhupinder Chimni. 4. Liberalization of Trade in Services and Trade Negotiations, Alejandro Jara and M del. Carmen Dominguez. 5. One Year Since the WTO Hong Kong Ministerial Conference: Developing Countries Re-claim the Development Content of the WTO Doha Round, Faizel Ismail. 6. Trade Diplomacy and Development Clubs: The Interaction in the Americas, Diana Tussie. Part II Trade and Development: Cases of Seven Developing Countries. 7. Export Promotion and Economic Development: Korea's Experience, Jai S. Mah and Jae-hee Kang. 8. The Evolution of China's International Trade Policy: Development Through Protection and Liberalization, Jiangyu Wang. 9. Liberalizing Border Trade: Implications for Domestic Agricultural Markets in India, Rajesh Chadha, DevenderPratap, and Anjali Tandon. 10. Legal Reforms and International Economic Development: Iran's Economic Development from a Global Perspective, Ali Z. Marossi. 11. EU Maritime Rules and Transport Sector Policy Reform in Turkey, Subidey Togan. 12. Trade Liberalization for the Second Largest Country in Europe: Going East, West, Or Can It Be Both?. Oleg Riabokon. 13. How Far Can LDCs Benefit from Duty Free and Quota Free Market Access?: The Case of Uganda, Francis Mangeni.

This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future "Common European Law on Investment Screening". Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The "elephant in the room" is China and its "Belt and Road Initiative". The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume's comprehensive approach, it is expected to influence the broader debate on the EU's upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.