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Books > Law > International law > Public international law
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.
This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.
2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second. This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO's education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO's role in treaty interpretation and substantive and procedural harmonization. The Research Handbook on the World Intellectual Property Organization will be a key resource for scholars of trade and development, and intellectual property. It will also be of value to intellectual property practitioners, government officials and non-governmental organizations concerned with intellectual property, trade, development, and human rights issues and advocacy. Contributors include: T. Aplin, M. Blakeney, A.F. Christie, G. Davies, G. Dinwoodie, R. Dreyfus, A. Duxbury, M. Ficsor, S. Frankel, D. Gangjee, D. Gervais, R. Giblin, J. Ginsburg, I. Heath, A. Kur, J. Liedes, D. Lindsay, A. Quaedvlieg, J. Reichman, S. Ricketson, A. Taubman, S. von Lewinski, K. Weatherall, R. Xalabarder, P.K. Yu
The United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to govern most economic relationships in North America, including the more than $1.3 trillion in annual regional trade in goods and services, for the foreseeable future. USMCA preserves the bulk of the NAFTA structures that permit North American manufacturers to compete effectively with their European and Asian counterparts in North American and foreign markets. Once in effect, USMCA should largely resolve the chilling effect on investment and new hiring generated by three years of uncertainty over NAFTA's future. This book provides a detailed analysis and critique of the provisions of the USMCA and the USMCA's relation to NAFTA. It is designed to assist lawyers and non-lawyers alike, including law, economics and public policy scholars, business professionals and governmental officials who require an understanding of one of the worlds' most economically and politically significant regional trade agreements.
China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.
This timely book investigates the EU's multi-faceted development as a global actor, unpacking its legal mission to be a 'good' actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of 'goodness' in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject. Featuring contributions from more than 20 leading EU scholars and emerging voices, the book develops four themes through which it advances a research agenda for the study of the EU as a good global actor. The book begins by unpacking the complexities of the EU as a global trade actor, before discussing 'good' trade governance and a deeper trade agenda, the issue of data governance in digital trade and in other regulatory frameworks, and finally the institutional dimension of EU actorness. Understanding the EU as a Good Global Actor will be a crucial read for scholars and students in EU law and politics, particularly those with an interest in EU governance, trade and external relations. It will also prove useful for policy makers both within and outside the EU.
Projecting a global interdisciplinary vision, this insightful book develops a peer-to-peer learning methodology to facilitate reconciling religion and human rights, both in multilateral contexts and at the national level. Written by leading human rights practitioners, the book illuminates the tension zones between religion and rights, exploring how the 'faith' elements in both disciplines can create synergies for protecting equal human dignity. Ibrahim Salama and Michael Wiener analyse the place of religion in multilateral practice, including lessons learned from the 'Faith for Rights' framework. Based on the jurisprudence of international human rights mechanisms, the book clarifies ambiguities of human rights law on religion. It also unpacks the potential positive role of non-State actors in the religious sphere, demonstrating that the relationship between religion and human rights is not a zero-sum game. Ultimately, the book empowers actors on both sides of the ideological fence between religion and human rights to deconstruct this artificial, politically instrumentalized dichotomy. This innovative book will be a vital resource for faith-based actors, human rights defenders and policymakers working at the intersection between religion, culture and human rights. With the co-authors' commentary on the #Faith4Rights toolkit, it will also be invaluable for peer-to-peer learning facilitators, scholars and students of human rights law, public international law and religious studies.
This unique book focuses specifically on teaching and learning in environmental law, exploring innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy, offering a mix of theory and practical guidance to legal scholars who are seeking to take up, or improve, their teaching of this subject. Providing an examination of teaching formats and methodologies that are both innovative and particularly adapted to the teaching of environmental law, contributions explore topics such as digital learning, joint teaching, flipped classrooms and scenario-based approaches, as well as discussing teacher-based, reflective, student-centred and research-based methods. The book also considers specific contexts for teaching environmental law such as specialized postgraduate programs, supervision methods for research students, teaching within non-law programs, and teaching online. Environmental law scholars at all levels of university instruction will find this book an invaluable opportunity to learn about new methods and approaches to teaching in this area. Its insights into legal teaching methodologies more broadly will also be of interest to legal academics in other areas of the law.
This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship. An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation, and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors - including NGOs and corporations - in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct. This Handbook will be helpful to advanced undergraduate, graduate, and law students, as well as researchers, practitioners, and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, 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 Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law. Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.
This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic. In the eyes of many, the primary purpose of IHL is to impose restrictions on the actions of parties in armed conflicts, in order to protect victims. But IHL is also increasingly cited as an authority in permitting conduct that would be deemed unlawful in peacetime, for instance some cases of internment or targeting of persons. Considering both international and non-international armed conflicts, Quintin carefully and astutely peels away the layers of this debate, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act. Utilising a scientific methodology to offer concrete and realistic outcomes, whilst couching differing interpretations of IHL in wider debates surrounding the nature of international law, this book will be of interest to all academics, practitioners and policy-makers in the field of international humanitarian law. Its analysis of how people are effectively protected during an armed conflict will also be beneficial for the wider humanitarian community.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business 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. Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies - human rights, democracy, and the rule of law - and the investment treaty regime, but also the potential for co-existence and complementarity. Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement. Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.
This updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice. With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.
This unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory. This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.
Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics. Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward. This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues.
Brice Dickson examines the engagement of the United Kingdom with international human rights monitorin1g mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK. By analysing the role that monitoring mechanisms are meant to play in enforcing human rights standards, and the UK's commitment to that role, Dickson considers in turn the work of general monitoring mechanisms, mechanisms focused on civil and political rights or on social and economic rights, and mechanisms assessing discrimination based on gender, race, age or disability. The book demonstrates that, while monitoring mechanisms certainly play a crucial role in holding the UK government to account, crediting them with enhancing the protection of any specific right is problematic. Providing a comprehensive study of the operation of international human rights monitoring mechanisms, this book will be an insightful resource for human rights law students and scholars, particularly those concerned with civil, social and non-discrimination rights. Academics interested in public international law and politics will also benefit from this text.
EU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment. Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework?s five main directives, comparing them with the changes proposed in the EECC. Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.
This timely Research Handbook offers an insightful review of how legal systems - whether domestic, international or transnational - can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D. Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.
This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the Polar regions, where climate change effects and human activities are particularly pressing? Part one of this timely book focuses on Antarctica, centring on the evolving work of the Commission for the Conservation of Antarctic Marine Living Resources in managing the marine living resources of the Southern Ocean. Part two explores the multi-level governance regime in the Arctic, analysing the central Arctic Ocean fisheries agreement, the role of the Arctic Council and law and governance in Arctic states. Finally, part three considers some of the new challenges and opportunities, including new technology, bioprospecting and dispute settlement. Providing a comprehensive assessment of the governance regimes of marine living resources in the Polar regions, this book will be of great interest to academics, NGOs, international organizations and government officials, whilst also being a key resource for practitioners working in the fisheries industries.
This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues. Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis. Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.
In an era of turbulent ocean geopolitics, where environmental concerns and resource extraction are increasing interest in who owns what at sea, this timely book examines the international politics involved in how states delineate ownership and rights in the ocean. Analysing why some states settle their maritime boundary disputes and why others erupt into conflict, Andreas Osthagen uses the innovative approach of combining international law and international relations theory to examine four countries and their maritime disputes: Australia, Canada, Colombia and Norway. With a focus on marine resources, chapters unpack the dispute dynamics concerning offshore oil and gas, fisheries, and strategic security concerns. Through an examination of what led these states to settle their disputes, this innovative book delineates the wider political and legal factors behind boundary-making at sea and aims to improve the way that society resolves ocean conflicts. Navigating the complexities of international law and conflict resolution at sea, this book will prove a thought-provoking read for students and scholars of geopolitics and law. With ocean-governance an increasingly pressing matter on the political agenda of international negotiations such as UN Climate Change conferences, it will also prove an informative resource for officials engaged in ocean affairs, geopolitics, and the law of the sea.
This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field. The Research Handbook on Ocean Governance Law demonstrates that governance of natural resources is instrumental for international peace and security, and that humankind's well-being and its very resilience is intrinsically linked to the good governance of the ocean's natural resources. Contributions from leading experts in the field include an innovative combination of both legal doctrine and case studies, with chapters looking into issues such as human rights, sustainability, maritime trafficking and terrorism. Providing a comprehensive and integrated approach towards ocean governance law, this important book will be an ideal resource for academics, researchers and students interested in environmental and international law. Legal advisors and policy makers working closely with ocean and maritime affairs will also find this a useful reference.
International Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges. The key features of this textbook include: A unitary - 'systemic' and 'realist-constructivist' theoretical illustration of international law, essential to an understanding of how international law works in practice and can, or should be changed A clear logical structure and thorough cross-referencing, for accessible, systemic and consistent learning Up-to-date bibliographies at the end of each chapter and academic commentary on the very latest cases, covering all aspects of international law. Insightful and topical, this textbook will be an invaluable teaching resource for students of law, political science, and international relations. 'Carlo Focarelli's textbook aims to achieve theoretical cohesiveness about international law as a system and yet at the same time emphasises the importance of state practice, not just the practice of courts but also diplomatic practice more widely. What is particularly welcome is the book's aim to familiarise readers outside Italy with international legal thinking and state practice from an important European country that for centuries has been a significant contributor to the discourse of international law. This unique approach reflects well the contemporary trend for studying international law from comparative perspectives and will make the book a valuable read for students interested in international law.' - Lauri Malksoo, University of Tartu, Estonia |
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