Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

Panoramic and provocative in its scope, this handbook is the definitive guide to contemporary issues associated with male sex work and a must read for those who study masculinities, male sexuality, sexual health, and sexual cultures. This groundbreaking volume will have a powerful impact on our understanding of this challenging, elusive subject. While the internet has brought the previously hidden worlds of male sex work more starkly into public view, academic research has often remained locked into descriptions of male sex workers and their clients as perverse. Drawing from a variety of regions, the chapters provide insights into the historical, popular cultural, social, and economic aspects of sex work, as well as demographic patterns, health outcomes, and policy issues. This approach shifts thought on male sex work from a hidden "social problem" to a publicly acknowledged "social phenomenon." The book challenges myths and reconceptualizes male sex work as a discrete field. Importantly, it provides a vehicle for the voices of male sex workers and new and established scholars. This richly detailed, humane, and innovative collection retrieves male sex work from silence and invisibility on the one hand and its association with scandal and stigma on the other. The findings within have profound implications for how governments approach public health and regulation of the sex industry and for how society can make sense of the complexities of human sexualities. A compelling scholarly read and a major contribution to a commercial sector that is often neglected in policy debates on sex work, this handbook will be of great interest to scholars of criminology, sociology, gender studies, and cultural studies and all those interested in male sex work.

First published in 1968. Routledge is an imprint of Taylor & Francis, an informa company.

Forests are important for their own values as ecosystems and for their contributions to the welfare of humankind. Dr. Rowena Maguire's book is a significant contribution to our understanding of the extent to which forests can be and indeed are, managed sustainably. It brings together clearly and authoritatively the doctrinal concepts supporting sustainable forest governance from rights of sovereignty and property through public and private sector regulatory mechanisms to the increasing use of market arrangements. This detailed analysis is set, among others, in the context of climate change. It is an impressive and substantial contribution to what has so far been a relatively limited literature on how an important natural resource is managed.' - Douglas Fisher, Queensland University of Technology, Australia'Sustainable forest management is an attractive concept used in this book to frame the interdisciplinary and contextualized study of the role of a range of actors, institutions and regimes which contribute to regulating the use of forests around the world. This book effectively provides an important, broad and legal critique and assessment of transnational trends, structures and innovations currently in use for managing forests. Its conclusions provide wide ranging insights that not only clarify and critique the potential of existing strategies and trends for legally managing forests but for governance of cosystems more generally as humanity gradually acknowledges its role in the anthropocene.' - Afshin Akhtarkhavari, Griffith University, Australia Global Forest Governance provides insightful legal analysis of the current key policy trends and the challenges surrounding international forest regulation. This book identifies the fundamental legal principles and the governance requirements of sustainable forest management. An analytical model for assessing forest regulation is created which identifies the doctrinal concepts that underpin forest regulation (justice, property, sovereignty and governance). It also highlights the dominant public international institutions involved in forest regulation (UNFF, UNFCCC and WB) which is followed by analysis of non-state international forest regulation (forest certification and ecosystem markets). The book concludes by making a number of practical recommendations for reform of global forest governance arrangements and suggested reforms for individual international forest institutions. This book will appeal to academics, policymakers, international environmental researchers, government officials involved in forest regulation and environmental regulation more broadly.

In Indonesia, the events of 1st October 1965 were followed by a campaign to annihilate the Communist Party and its alleged sympathisers. It resulted in the murder of an estimate of one million people - a genocide that counts as one of the largest mass murders after WWII - and the incarceration of another million, many of them for a decade or more without any legal process. This drive was justified and enabled by a propaganda campaign in which communists were painted as atheist, hypersexual, amoral and intent to destroy the nation. To date, the effects of this campaign are still felt, and the victims are denied the right of association and freedom of speech. This book presents the history of the genocide and propaganda campaign and the process towards the International People's Tribunal on 1965 crimes against humanity in Indonesia (IPT 1965), which was held in November 2015 in The Hague, The Netherlands. The authors, an Indonesian Human Rights lawyer and a Dutch academic examine this unique event, which for the first time brings these crimes before an international court, and its verdict. They single out the campaign of hate propaganda as it provided the incitement to kill so many Indonesians and why this propaganda campaign is effective to this day. The first book on this topic, it fills a significant gap in Asian Studies and Genocide Studies.

There is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives. Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.

Notwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere. Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels. Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gomez Pomar, M. Jozon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. Timmermans

This timely Research Handbook contains an analysis by leading scholars and practitioners of various legal questions concerning cyberspace and cyber activities. Comprehensive and thorough, it succeeds in mapping out the range of international rules that apply to cyberspace and to specific cyber activities, assesses their regulatory efficacy and offers insightful suggestions, where necessary, for revised standards. Contributors examine the application of fundamental international law principles to cyberspace such as the principle of sovereignty, jurisdiction, state responsibility, individual criminal responsibility, human rights and intellectual property rights. They explore the application of international rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and to cyber war. They deal with the meaning of cyber operations, the ethics of cyber operations as well as with cyber deterrence. Finally, they comment on the cyber security policies of international and regional institutions such as those of the United Nations, the European Union, NATO and of Asian-Pacific institutions. This Research Handbook will benefit scholars in the fields of international law, international relations, public and private law. Researchers will find the suggested future research avenues in this field invaluable whilst policy-makers and practitioners will gain fresh insights into topical issues concerning the regulation of cyberspace and of cyber activities. Contributors: K. Ambos, C. Antonopoulos, L. Arimatsu, K. Bannelier-Christakis, R. Buchan, P. Ducheine, D.P. Fidler, C. Focarelli, T.D. Gill, K. Heath, C. Henderson, P. Kastner, U. Kohl, F. Megret, E. Myjer, H. Nasu, A. Rahmatian, M. Roscini, N.C. Rowe, B. Saul, M. Schmitt, H. Trezise, N. Tsagourias, D. Turns, R.A. Wessel, K. Ziolkowski

Serving as an introduction to one of the "hottest" topics in financial crime, the Value Added Tax (VAT) fraud, this new and original book aims to analyze and decrypt the fraud and explore multi-disciplinary avenues, thereby exposing nuances and shades that remain concealed by traditional taxation oriented researches. Quantifying the impact of the fraud on the real economy underlines the structural damages propagated by this crime in the European Union. The 'fruadsters' benefit when policy changes are inflicted in an economic space without a fully fledged legal framework. Geopolitical events like the creation of the Eurasian Union and 'Brexit' are analyzed from the perspective of the VAT fraud, thereby underlining the foreseeable risks of such historical turnarounds. In addition, this book also provides a unique collection of case studies that depict the main characteristics of VAT fraud. Introduction to VAT Fraud will be of interest to students at an advanced level, academics and reflective practitioners. It addresses the topics with regards to banking and finance law, international law, criminal law, taxation, accounting, and financial crime. It will be of value to researchers, academics, professionals, and students in the fields of law, financial crime, technology, accounting and taxation.

This authoritative research review presents and discusses carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. The review is an invaluable source of reference, providing the reader with both an international and an interdisciplinary perspective on the CISG and its application.

In today'?s globalised world, the relationship between human rights and investment is an important societal and legal issue. This Research Handbook unravels this complex interaction and sheds light on all of its dimensions; it takes stock of the impact that investment operations can have on human rights and it examines how international law addresses, and contributes to, this complicated interplay. Taking a unique approach, the Handbook contains insightful chapters that provide analyses of specific international law regimes, with a particular focus on international investment law standards and investor-state arbitration. It also offers in-depth discussions of the corporate and home State responsibilities that can result from the activities of multinational corporations. Sectorial and regional case studies are also explored; they provide a grounding for the more theoretical aspects of the Handbook and highlight the key industries, such as the agricultural and extractive industries, that are prone to human rights violations. Academics, practitioners and policy-makers, with an interest in human rights law, international economic law and the activities of multinational corporations, will find this Research Handbook to be an important resource in their daily research and practice. Contributors include: D. Baumann-Pauly, A. Berkes, L. Boisson de Chazournes, K. Cordes, E. De Brabandere, M. Fanou, M. Hazelzet, S.M. Jastram, U. Kriebaum, J. Kyriakakis, G. Lehane, G. Lhuilier, D. Lim, J. Loutit, J. Mandelbaum, R. Mella, R. Polanco, Y. Radi, M. Tignino, R.V. Vadi, V. Tzevelekos

This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms. The book is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights; access to justice and liability issues; natural resources, energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, this book will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability. Contributors: J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen, J.A.F. Costa, A. Daibert, J. de Cendra de Larragan, A. de Garay Sanchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W. du Plessis, J.J. Gonzalez, D. Hodas, E. Kasimbazi, R. Kibugi, F.R. Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A. Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S. Teles da Silva

This detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health Organization's PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.

In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. It brings together scholars from a range of disciplines This book will appeal to those with interests in minority rights, human rights, nationalism, law, and politics.

This exciting new research review brings together and discusses seminal articles on the subject of transfer of property and private international law, ranging from the early twentieth century to present day. The first part focuses on classic principles concerning the lex situs rule, as well as on specialities regarding immovable property, tangible movable property and intangible property, conditional sale and securities transactions, goods in transit and confiscation of property. The second part is devoted to an in-depth and insightful examination of cultural property and private international law. Thoughtfully composed by the editor, this review provides a valuable source of information for researchers, academics and scholars alike.

Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.

International Relations and International Law continue to be accented by epistemic violence by naturalizing a separation between law and morality. What does such positivist juridical ethos make possible when considering that both disciplines reify a secular (immanent) ontology? International Law, Necropolitics, and Arab Lives emphasizes that positivist jurisprudence (re)conquered Arabia by subjugating Arab life to the power of death using extrajudicial techniques of violence seeking the implementation of a "New Middle East" that is no longer "resistant to Latin-European modernity", but amenable to such exclusionary telos. The monograph goes beyond the limited remonstration asserting that the problematique with both disciplines is that they are primarily "Eurocentric". Rather, the epistemic inquiry uncovers that legalizing necropower is necessary for the temporal coherence of secular-modernity since a humanitarian logic masks sovereignty inherently being necropolitical by categorizing Arab-Islamic epistemology as an internal-external enemy from which national(ist) citizenship must be defended. This creates a sense of danger around which to unite "modern" epistemology whilst reinforcing the purity of a particular ontology at the expense of banning and de-humanizing a supposed impure Arab refugee. This book will be of interest to graduate students, scholars, and finally, practitioners of international relations, political theory, philosophical theology, and legal-theory.

Family Life, Family Law, and Family Justice: Tying the Knot combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socioeconomic inequality and retards intergenerational mobility. Although the divide is most pronounced in the United States, the same patterns now affect families throughout the Western world. Across the European Union, there are 9.2 million "lone" parents, and just under half of their families live in poverty. Tying the Knot demonstrates how today's family patterns are deeply rooted in long-standing, class-based differences in family life and explains why these class-based differences have accelerated. It explains how the values that guide family law development inevitably reflect the world in which families live and develops a new family law capable of meeting the needs of twenty-first century families. The book will be of considerable interest to family specialists from a number of fields, including law, demography, economics, history, political science, public health, social policy, and sociology.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This second edition of the Advanced Introduction to International Tax Law provides an updated and succinct, yet highly informative overview of the key issues surrounding taxation and international law from Reuven Avi-Yonah, a leading authority on international tax. This small but powerful book surveys the nuances of the varying taxation systems, offering expert insight into the scope, reach and nature of international tax regimes, as well as providing an excellent platform for understanding how the principles of jurisdiction apply to tax and the connected tools that are used by countries in imposing taxes. New to this edition: New material on the OECD Base Erosion and Profit Shifting (BEPS) project Coverage of the EU's Anti Tax Avoidance Package Analysis of the US Tax Cuts and Jobs Act Key features include: defines and discusses the main types of jurisdiction to tax explains in depth both inbound and outbound taxation on both passive and active income delineates the source of income that is crucial for taxing non-residents and foreign tax credit discussion of transfer pricing, a variant of source-based taxation that lies at the heart of modern efforts to tax corporations at source explains how the above elements are influenced by tax treaties and looks at the future of the international tax regime. Composed of concise but insightful chapters, this revised second edition will prove to be a key resource for students of international tax law, as well as for scholars within the fields of tax law, international business law and international commercial law.

Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.With an original introduction by Professor Schabas, this important volume will be of interest to students, academics and professionals with an interest in international courts and tribunals. 31 articles, dating from 1935 to 2012 Contributors include: C. Brown, D. Caron, A. Cassese, E. Decaux, L. Helfer, N. Klein, M. Lachs, M. Nowak, Y. Shany, F. Viljoen

The world needs to turn away from fossil fuels and use clean, renewable sources of energy as soon as we can. Failure to do so will cause catastrophic climate damage sooner than you might think, leading to loss of biodiversity and economic and political instability. But all is not lost! We still have time to save the planet without resorting to 'miracle' technologies. We need to wave goodbye to outdated technologies, such as natural gas and carbon capture, and repurpose the technologies that we already have at our disposal. We can use existing technologies to harness, store, and transmit energy from wind, water, and solar sources to ensure reliable electricity, heat supplies, and energy security. Find out what you can do to improve the health, climate, and economic state of our planet. Together, we can solve the climate crisis, eliminate air pollution and safely secure energy supplies for everyone.

Taliban's return to power in August of 2021 caused everyone to ask why the two decades of institution building in Afghanistan failed. This book investigates the root causes of failed reforms in an important area of reform: trade and credit institutions. It explains why the efforts to reform and regulate the economic institutions in Afghanistan failed and what we can learn from their failure. It draws on more than eighty interviews with Afghan merchants, business leaders, money dealers, and government officials in five major provinces of Afghanistan to identify the barriers to access to credit and to understand the performance of formal institutions (banks) and their informal counterparts. This book finds that Afghan merchants were often unable to benefit from the offerings of formal institutions for three reasons: a highly volatile business climate, uncertain contract enforcement, and an unsupportive property rights system. Several informal institutions have emerged that alleviate some of the credit constraints on Afghan merchants. These informal institutions include risk-sharing trade credit operations, money dealers' short-term working capital loans, Gerawee, and Sar qufli. Although these informal institutions have helped Afghan merchants survive, they are unable to support economic growth. This book argues that countries like Afghanistan should solve their institutional dilemma by adopting an approach which the author calls "Grounded Institutional Reform." Using this approach, a country would formalize existing informal institutions, a development that would vastly increase their effectiveness. While this book focuses on credit and trade in Afghanistan, the analysis of "formalizing the informal" can easily be extended to solve other types of economic problems in similarly situated countries. This book should be of great interest to scholars, policymakers, and development workers in the field of law, finance, and development.

When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea. Through Korea's experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.

Comprehensive coverage of a vast sweep of human rights history, including a wide range and balance in the materials selected, offering students and professors a major resource for courses on human rights taught out of a variety of departments, and for related courses (like international law) taught across the IR curriculum in particular. Careful selection and editing of primary documents essential to textual analysis, synthesizing years of research and drawing from hundreds of original sources. Original introductions by the volume editor contextualize major parts and chapters. The Introduction to the complete volume is substantial and a foundational mini-text in its own right. New Questions for Discussion are added to the end of every chapter. All these value-added features help students put the documentary pieces together in the puzzle of human rights history and contemporary challenges to it. New to the Third Edition 60 new readings and documents cover subjects ranging from human rights in the age of globalization and populism, debates of the rights of citizens versus those of refugees and immigrants, transgender rights, the new Jim Crow, and the future of human rights as they relate to digital surveillance, the pandemic, and bioengineering. Part I has been reorganized into three chapters: the Secular Tradition, Asian and African Religions and Traditions, and the Monotheistic Religions. Part V has been significantly updated and expanded with the addition of an entirely new chapter-"Debating the Future of Human Rights." An extensive new online resource includes 62 key human rights documents ranging from the Magna Carta to the United Nations Glasgow Climate Pact.