The desperate need for a vast part of the global population to access better medicines in more certain ways is one of the biggest concerns of the modern era.
"Pills for the Poorest" offers a new perspective on the much-debated issue of the links between intellectual property and access to medication. Using ethnographic case studies in Djibouti and Ghana, and insights from actor-network theory, it explores the ways in which TRIPs and pharmaceutical patents are translated in the daily practices of those who purchase, distribute, and use (or fail to use) medicines in sub-Saharan Africa. It suggests that focusing on routine practices and the material deployment of intellectual property significantly enriches our understanding of the complex dynamics that animate the field of access to medicines and helps relocate the role of law within those processes. It demonstrates how intellectual property affects access to medicines in ways that are often discreet, indirect and forgotten. By exploring these complex mechanisms, it seeks to ask questions about the modes of actions of pharmaceutical patents, but also, more generally, about the complexity of legal objects.

This edited volume presents a collection of stories that experiment with different ways of looking at international law. By using different literary lenses -namely, storytelling, the novel, the drama, the collage, the self-portrait, and the museum- the authors shed light on elements of international law that usually remain unseen or unheard and expose the limits of what international law can do. We inquire into who the storytellers of international law are, the stages on which they tell their stories, and who are absent in these tales. We present it as a collection: a set of different essays that more or less deal with the same subject matter. Alternatively, we would like to call it a potpourri of stories, since the diversity of topics and approaches is eclectic and unconventional. By placing multiple perspectives alongside each other we aim to compare and contrast, to allow for second thoughts, and to rediscover. In doing so, we engage with the ambiguities of international law's characters and spaces, and with the worldviews they reflect and worlds they create.

This text is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Until recently there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices, the scope for "non-violation complaints", the standards of review, intervention by third parties, and the appellate review procedures and case-law. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures, in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, trade-related environmental measures, the General Agreement on Trade in Services, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA and examines their interrelationships with the GATT/WTO dispute rules and procedures. The Annexes include tables of past GATT/TWO dispute settlement proceedings, as well as the texts of the WTO's Dispute Settlement Understanding and of the Working Procedures adopted by the Appellate Body of the WTO.

The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence - both anticipatory and remedial - are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties' consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.

Vast amounts of money are said to be laundered through financial intermediaries in the United Kingdom, thereby potentially affecting the integrity of the financial markets. This work offers a critical examination of the criminal anti-money laundering provisions and their impact on financial intermediaries, which may play a facilitating role in the money laundering process. It further considers the efficacy of the criminal law in reducing the incidence of money laundering when used in conjunction with civil liability and financial market regulation. The crucial issues relating to financial intermediaries concern the interaction between procedural norms and equitable or criminal liability, the conflicts between disclosure and client confidentiality, the privilege against self-incrimination, and the procedural aspects of imposing corporate criminal liability. The author analyzes these in detail and considers to what extent the present provisions may need modification, particularly in light of the demands of procedural fairness laid down in the European Convention on Human Rights. Finally, the book considers the impact of the international nature of money laundering on United Kingdom financial intermediaries, in terms of enforcement and the extra-territorial application of laws and disclosure orders.

This extensively updated third edition of the classic casebook Marine and Coastal Law provides readers with an authoritative, comprehensive, and up-to-date guide to landmark laws, regulations, and legal decisions governing the United States' vast marine and coastal resources. This thoroughly revised and updated third edition of the prestigious Marine and Coastal Law casebook provides an essential overview of landmark legal decisions and statutory provisions in U.S. marine and coastal law, with a particular emphasis on regulatory changes and legal conflicts involving climate change, coastal resilience/protection, and sea level rise. In addition to a thorough updating of the contents of the second edition (including editorial commentary on every case), this new revised edition features extensive new content, including two entirely new chapters and new "learning objectives" for each chapter. Produced by five experts in U.S. marine law, this third edition stands as an accessible and invaluable resource for both lay readers and legal professionals who are seeking greater understanding of the ever-evolving and frequently contentious laws and regulations governing U.S. and international fisheries, maritime shipping and transport, offshore oil and mineral resources, climate change mitigation strategies, coastal protection, marine pollution, and port and harbor operations. Clear and incisive editorial commentary on every case from recognized experts in the field of marine law Coverage for two centuries of changes to maritime and coastal law in the U.S., from the 1800s to 2020 Extensive discussion and explanation of legal doctrines, concepts, and principles that provide the foundation for U.S. maritime law "Learning Objectives" for each chapter to aid understanding of each case

The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.

The purpose of this work is to assess the current regulation of international trade in gambling services. Departing from different national definitions, gamblingA"represents, in this study, all services which involve wagering a stake with monetary value in uncertain events driven (at least partially) by chance, including lotteries, casino and betting transactions. International tradeA" of such services implies that the provider, the beneficiary or the service itself must cross a national border. Therefore, notwithstanding a brief evocation of selected national legal frameworks on five continents, this research has striven to focus on international regulations governing - principally or incidentally -provision of such services. In this context, Internet-provided gambling services were granted special attention. To this purpose, this work has been constructed in an Introduction and two main parts. The Introduction lays the basic frame by exposing the historical, economic and legal background surrounding games of chance in numerous countries on the five continents, which are essentially divided into gambling - restrictiveA" or gambling - liberalA" jurisdictions. It also gives a definition of gamblingA" services in this study, and it endeavors to classify such services in different categories (lotteries, betting, casino-type gambling, other types including media gambling and sales promotion services, examined from a land-basedA" or remoteA" perspective). The First Part (Global Trade in Gambling Services) is dedicated to international instruments regulating trade in services with a global reach. It is further divided in two main subparts, as unequal in importance as the instruments they analyze. The first relates to the prominent General Agreement on Trade in Services (GATS), signed by 153 countries under the auspices of the World Trade Organization. The second, more modest, examines the services liberalization framework established by the Organization for Economic Co-operation and Development (OECD) for its 30 member countries. The Second Part (Regional Trade in Gambling Services) scrutinizes gambling trade with a regional vocation. To this purpose, it analyzes the framework of the most successful preferential trade agreements to date, which have created a closer cooperation with respect to services between regional partners. This part is thus further divided in subparts dedicated to the following integrated trade areas: the European Union (EU), the European Free Trade Agreement (EFTA), the North American Free Trade Agreement (NAFTA), the Central American Free Trade Agreement (DR-CAFTA), the Mercado Comun del Sur (MERCOSUR), and the Association of South East Asian Nations Free Trade Area (ASEAN).

Since the mid-1980s,beginning with the unsuccessful Union Carbide litigation in the USA, litigants have been exploring ways of holding multinational corporations [MNCs] liable for offshore human rights abuses in the courts of the companies' home States. The highest profile cases have been the human rights claims brought against MNCs (such as Unocal, Shell, Rio Tinto, Coca Cola, and Talisman) under the Alien Tort Claims Act in the United States. Such claims also raise issues under customary international law (which may be directly applicable in US federal law) and the Racketeer Influenced and Corrupt Organizations [RICO] statute. Another legal front is found in the USA, England and Australia, where courts have become more willing to exercise jurisdiction over transnational common law tort claims against home corporations. Futhermore, a corporation's human rights practices were indirectly targeted under trade practices law in groundbreaking litigation in California against sportsgoods manufacturer Nike. This new study examines these developments and the procedural arguments (eg regarding personal jurisdiction and especially forum non conveniens) which have been used to block litigation, as well as the principles which can be gleaned from cases which have settled. The analysis is important for human rights victims in order to know the boundaries of possible available legal redress. It is also important for MNCs, which must now take human rights into account in managing the legal risks (as well as moral and reputation risks) associated with offshore projects.

It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.

The International Civil Aviation Organization's (ICAO) decision to require aviation organizations to adopt Safety Management Systems poses a major problem especially for small and medium sized aviation companies. The complexity of regulations overstrains the aviation stakeholders who seek to fully advantage from them but have no clear guidance. The aim of the book is to show the implementation of such a new system with pragmatic effort in order to gain a gradation for smaller operators. This approach should illustrate the leeway in order to adapt the processes and to show the interfaces between Corporate Risk Management and Safety Management. The book shows how to build a system with reasonable effort, appropriate to the size and complexity of the specific operator. It also gives inputs on the key aspects and how to effectively operate such a system with the various interfaces. Furthermore, the book highlights the importance of Corporate Risk Management independent of Safety Management Systems based on ICAO.

The world of trade is changing rapidly, from the 'rise of the South' to the growth of unconventional projects like fair trade and carbon trading. Beyond Free Trade advances alternative ways for understanding these new dynamics, based on historical, political, or sociological methods that go beyond the limitations of conventional trade economics.

Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?

This book examines how international order at sea is challenged, changed and maintained. The book surveys challenges to the international order at sea in the Asia-Pacific, the Indian Ocean Region, the Atlantic Ocean and the Arctic Ocean. It explores the interaction between and cooperation among leading, emerging and smaller naval powers, both naval and coastguard responses, required for the maintenance of good order at sea. Six broad and interlinked issues are identified that will influence the future international order at sea: the balance between the maritime and the continental domains; the balance between great power rivalry and cooperation; the contest between access and denial; the operational balance between preparing; building and training for warfighting as opposed to operations other than war; how to manage 'disorder' security challenges that very often transcends territorial waters and national boundaries, and finally, the balance between safeguarding national interests and contributing to collective efforts preserving the international order at sea.

This book uniquely employs risk and vulnerability approaches to advocate international policy options for enhancing maritime security cooperation in the Indian Ocean region. Understanding shared risks and common vulnerabilities that impact the achievement of mutual objectives in the oceanic domain present practical bases for progressing collective action. The Indian Ocean sea lanes are the world's most important thoroughfares for energy resources (oil, gas and coal) and other cargoes. Secure maritime trade routes are vital to global, regional and national economies. Further, security challenges resulting from marine environmental degradation impacted by climate change are rising. Regional and extra-regional actors need to work more closely together to impose law and order at sea, control regional conflicts, respond to humanitarian crises and natural disasters, and conserve the marine environment. This book provides an invaluable resource for political leaders, policy advisers, academic researchers, military professionals, and students of international security and strategic studies.

The International Corporate Law Series is dedicated to the publication of scholarly writing on issues in the area of international and comparative corporate law. This volume includes contributions from the following: Dr Adedeji Adekunle of the University of Lagos writing on Nigerian corporate regulation; Professor Stephen Bottomley of the Australian National University writing on corporate governance; Professor John Braithwaite of the Australian National University and Dr Peter Drahos of the Queen Mary Intellectual Property Research Institute writing on the globalisation of corporate regulation; Professor Yves Chaput of the Universite de Paris I writing on developments in French corporate law; Rasiah Gengatharen of the University of Western Australia writing on corporate law reform and futures regulation in Australia; Dr John Gillespie of Deakin University writing on the transplantation of company law in Vietnam; Desmond Guobadia writing on developments in Nigerian corporate law; Jean-Phillipe Robe writing on the globalised enterprise within the world economy; Richard Tudway writing on the juridical nature of the corporation; and Professor Junko Ueda writing on recent developments in Japanese corporate law.

This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.

This work analyzes the commercial, legal and financial aspects of the complex process of developing an international energy project for the production and marketing of liquefied natural gas (LNG). The authors describe the essential chains in the commercialization of natural gas as LNG: entrepreneurial aspects; functional LNG facilities; and a linked series of contracts and contractual relationships. The expert contributions show the import and significance of the crucial dependent factors that appear and reappear in all stages of a successful LNG project. Each activity, each facility, each contract must be understood in the context of the overall project development process. By providing an understanding of the whole, this book aims to inform the performance of those who have personal responsibility for only a small part in the development and implementation of an LNG project.

'Fragmentation' has become a defining metaphor of international law scholarship in the era of globalization, albeit the subject is highly controversial among international lawyers. Some accept, while others oppose, the idea of fragmentation. Some see it as a new development; others as history repeating itself. Some approach it as a technical issue and some as the reflection of deeper political struggles. But, there is near consensus about the fact that something is happening today which challenges established visions of international law as a unitary whole. At the same time, the concept of unity, which lies at the very core of the fragmentation debate, is hardly ever rationalized in the literature. As a rule, the notion of unity is more assumed than explained. Unity is presented as fragmentation's theoretical opposite, but its meaning remains vague and intuitive. This book dispels that vagueness by exploring the various possible meanings of the concept of unity in international law. However, rather than proposing one grand theory of unity, the book identifies and compares five candidate conceptions of unity in international law. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary. Instead, it seeks to show that unity is a fundamentally contested concept, and that discourses on fragmentation are therefore necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Quebec (APDQ). (Series: Hart Monographs in Transnational and International Law - Vol. 7)

This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.