This volume focuses on challenges to the effective and proper use of human rights and tries to identify, through a series of case studies, strategies and contexts in which human rights advocacy can work in favor of human rights, as well as situations in which such advocacy may backfire, or unintentionally cause harm.

This book presents a case study of human trafficking from Nigeria to the UK, with a focus on practical measures for ending this trafficking. The study addresses the many aspects of human trafficking, including sexual exploitation, domestic servitude, labor exploitation, benefit fraud, and organ harvesting. Despite the huge investment of the international community to eradicate it, this form of modern day slavery continues, and the author urges stakeholders to focus not only on criminals but also on attitudes, cultures, laws and policies that hinder the eradication of modern slavery.

The importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers' Federation, and the German Shipowners' Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments.

The fight between North and South over intellectual property (IP) reached new heights in the 1990s. In one corner, large multinational companies and developed countries sought to protect their investments. Opposing them, developing countries argued for the time and scope to pursue development strategies unshackled by rules forged to bolster the competitiveness of richer countries. The result was the WTO's deeply contested Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Widely resented by developing countries, TRIPS nonetheless permits them some hard-won flexibility. Puzzling, however, is why some developing countries have used that flexibility and others have not. Even more curious is that many of the poorest countries have made least use of the room for manouevre, despite securing some extra concessions. For developing countries, TRIPS did not end the pro-IP offensive. At the urging of industry lobbyists, powerful countries backtracked on the flexibilities in TRIPS and pursued even stronger global IP rules. To prevent precedents for weaker IP standards in poorer countries, they issued threats to market access, aid, investment, and political alliances. Further, they used new trade deals and, more subtly, capacity building (assisted by the World Intellectual Property Organization, among others) to leverage faster compliance and higher standards than TRIPS requires. Meanwhile, 'pro-development' advocates from civil society, other UN agencies, and developing countries worked to counter 'compliance-plus' pressures and defend the use of TRIPS flexibilities, sometimes with success. Within developing countries, most governments had little experience of IP laws and deferred TRIPS implementation to IP offices cut-off from trade politics and national policymaking, making them more vulnerable to the TRIPS-plus agenda. In many of the poorest African countries, regional IP arrangements magnified this effect. For scholars of international political economy and law, this book is the first detailed exploration of the links between global IP politics and the implementation of IP reforms. It exposes how power politics occur not just within global trade talks but afterwards when countries implement agreements. The Implementation Game will be of interest to all those engaged in debates on the global governance of trade and IP

This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. By inquiring into the current set-up of WTO adjudication system, the book explores to what extent its original intent has been followed in practice. Its empirical analysis of decades of data regarding the number, duration, and subject matter of dispute adjudications, as well as the frequency of implemented or non-implemented settlements, illuminates the effectiveness of the system and highlights the issues that have led to the WTO's present predicament. Petros C. Mavroidis employs these findings to build a case for the urgent reform of the WTO dispute settlement system by virtue of its accomplishments. He then concludes with a proposal for a reinvigorated "Dispute Settlement Understanding 2.0". The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system. Its accessible evaluation of the rationale and practice of key provisions of the adjudication regime will also be of benefit to practicing attorneys.

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Opposite pages bear duplicate numbering

This book presents an interdisciplinary collection of expert analyses and views of existing verification systems. It provides guidelines and advice for the improvement of those systems as well as for new challenges in the field.

This Open Access Book is the first to examine disasters from a multidisciplinary perspective. Justification of actions in the face of disasters requires recourse both to conceptual analysis and ethical traditions. Part 1 of the book contains chapters on how disasters are conceptualized in different academic disciplines relevant to disasters. Part 2 has chapters on how ethical issues that arise in relation to disasters can be addressed from a number of fundamental normative approaches in moral and political philosophy. This book sets the stage for more focused normative debates given that no one book can be completely comprehensive. Providing analysis of core concepts, and with real-world relevance, this book should be of interest to disaster scholars and researchers, those working in ethics and political philosophy, as well as policy makers, humanitarian actors and intergovernmental organizations..

The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.

The fourth volume of this Yearbook provides essays, articles, comments and analyses of developments throughout the previous year. The new essay section of this volume is contributed by Shangquan Gao, Senior Professor in the State Council of PRC who examines the negative influence of the Asian financial crisis on China. Professor Eva Holz, Deputy Governor at Uruguayan Central Bank, Dr Michael Gruson, Senior Banking Partner at Shearman & Sterling, and Professor Geoffrey Wood of City University are some of the contributors of major articles in the edition. One of the salient features of the volume is that it focuses on new developments in post-financial crisis restructuring measures taken by various countries, such as PRC, Brazil and Japan. Complementary to this issue, globalization, international financial stability, and international capital flows are also discussed comprehensively. The period covered by the volume has witnessed major financial and economic law reform projects in various areas of the world. The volume offers comprehensive analysis of these reforms including the Gramm-Leach-Bliley Act of 1999 in the US and its influence on the global financial sector, progress in collateral law reform in Central and Eastern Europe, the development of securities law and the Internet in the UK, commercialization of China's land use right, reform of Hong Kong property tax system, and legal changes in Japanese asset securitisation and investment. Some issues are re-explored in this volume from new and different perspectives. The discussion of the integration of insurance and other financial services in Taiwan, of the Lender of Last Resort, of the solutions to the non-performing loan problems in China, of capital adequacy under the Basle new capital adequacy framework, and sovereign debt restructuring in Latin America will offer the readers new insights into these issues. This volume should appeal to anyone with an interest in international financial and economic law throughout the world. Its broad geographic scope and the expertise of the contributors offer an indispensable chance for the readers to keep abreast with developments in a rapidly changing area of the law.

This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.

This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

This volume provides a concise introduction to the issues and debates regarding modern piracy, including naval operations, law, and diplomacy, and focuses on the recent surge of attacks off the coasts of Africa and Asia. In the past decade, the incidence of maritime piracy has exploded. The first three months of 2011 were the worst ever, with 18 ships hijacked, 344 crew taken hostage, and 7 crew members murdered. The four Americans on board the sailing vessel Quest were shot at point-blank range. The economic costs are also staggering, reaching $7 to $12 billion per year, as insurance costs skyrocket, ransoms double and then quadruple, and ships are forced to hire armed security for protection. Pirates operating off the Horn of Africa disrupt shipping traffic through the strategic Suez Canal, siphoning transit fees from an unstable Egypt, while the seizure of supertankers in the Indian Ocean underscores the vulnerability of the world's oil supply. Governments, private industry, and international organizations have mobilized to address the threat. This is the first volume to examine their work in developing naval strategy, international law and diplomacy, and industry guidelines to suppress contemporary maritime piracy. Contemporary Maritime Piracy: International Law, Strategy, and Diplomacy at Sea comprises three sections, the first of which contains chapters on historical and contemporary piracy, international law and diplomacy, and coalition strategies for combating future piracy. The second and third parts provide collections of historic profiles and relevant documents. Includes maps and relevant key documents Provides a bibliography of sources of additional information regarding international piracy

The long-awaited consolidation of the UK merchant shipping legislation finally arrived with the passing of the Merchant Shipping Act 1995 which replaced the thirty or so Acts dating from the Merchant Shipping Act 1894. This new edition of Merchant Shipping Act 1995 - An Annotated Guide provides an authoritative and practical guide to the implications of this important legislation. Written in a clear and accessible style, the authors guide you chronologically through each of the Act's 313 sections. They include expert commentary and analysis to assist your understanding and interpretation of the Act. Merchant Shipping Act 1995 - An Annotated Guide is an essential first-stop reference guide, providing guidance on the appropriate authorities and more detailed texts to which further reference can be made. It is also annotated throughout with comprehensive tables and indexes, making it a truly practical working tool. Thoroughly revised and up-dated, the second edition includes details of: Amendments to the Merchant Shipping Act 1995 The Merchant Shipping and Maritime Security Act 1997 Statutory instruments and regulations introduced to supplement the Merchant Shipping Act The most recent case law Updated references to other texts, which have themselves been updated in the last 4 years

The 2005 Special Issue of the "Comparative Law Yearbook of International Business" addresses issues relating to security in immovables. Each Chapter contains an overview of the security in immovables laws of a particular country. The laws vary widely among the countries; the word immovable (or real property in Common Law jurisdictions) even has different definitions in different countries. Crossborder transactions involving immovables are integral to international business dealings. This publication provides a general overview of the methods by which immovables are secured in various countries, and each chapter contains details such as the priority granted creditors and openness of the land registers. Each chapter contains a country-specific explanation of the method by which one obtains a mortgage, lien, or similar security, and an exploration of the possible problems that might arise during Such a process. In addition, special attention is given to the obstacles facing non-nationals interested in buying immovables. The book evidences the varied attitudes at governments towards the purchase of immovables by non-nationals. In some countries, such as The Philippines, non-nationals are prohibited from buying land. Other countries, such as the Slovak Republic, allow foreign acquisition of nearly any immovable, only forbidding purchase of items that no private citizen can own, such as the country's rivers. This publication reflects recent developments in security in immovables, especially in Eastern Europe. The chapter on immovables in Ukraine is based on the country's new property laws, passed in 2004. The chapters on the Czech Republic, the Slovak Republic and Hungary all reflect the changes brought by accession to the European Union. The acquisition of property in a foreign country is an integral facet of international business and practitioners will find this publication's in-depth instructions for the purchase of security in immovables useful as it pertains to individual countries. In addition to showing practitioners how transactions work for individual countries, readers will be able to compare diverse legal regimes to find the one most favorable for their particular business transactions.

New directives in the European Union forced the national governments to release new laws on the collection and recycling of electronic waste. Producers of electrical/electronic equipment are now required to fulfill several tasks on an administrational level, such as registration and regular declarations, as well as ensure take back and recycling operationally. The national laws and requirements strongly differ from country to country and created a lot of confusion in the past. In this book, consultants from 26 EU member states give a clear and structured recipe how this complicated procedure can be done in the corresponding country. This makes the book being an essential tool for the electrics industry, in particular for international companies.

Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.

There is little doubt that robotic and automated systems in space will contribute considerably to the future commercialisation of the space environment. This text provides a systems eye view of robotic spacecraft design with an emphasis on control systems.The first half of the book introduces the techniques of robotics and robotic control, and is the most mathematical part of the book. The second half of the book deals with spacecraft systems themselves, and how a robotic-type payload influences them, including consideration of financial and legal issues which are often left out of technical texts.Running through the book is the implementation of a freeflying robotic spacecraft called ATLAS (Advanced TeLerobotic Actuation System). However, the techniques presented in the book are completely general and the ATLAS spacecraft just serves as an example, albeit a very useful and economically viable space system.

In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ordinary meaning of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterize WTO jurisprudence. In twenty-six incisive contributions, this book covers both the legislative and (quasi) judicial activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasize proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsides and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organizations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body ofinternational law into sharp focus.

This book considers how emerging economies around the world face the challenge of building good institutions and effective governance, since so much of economic development depends on having these in place. The promotion of shared prosperity and the battle against poverty require interventions to reach out to the poor and the disadvantaged. Yet time and again we have seen such effort foild or diminished by corruption and leakage. The creation of good governance and institutions and structures to combat corruption require determination and passion but also intricate design rooted in data, analysis, and research. In this book, leading researchers from around the world bring to the table some of the best available ideas to help create better governance structures, design laws for corruption control, and nurture good institutions.

This book analyzes and discusses the sovereignty of the Nansha Islands, combining legal and historical perspectives, traditional international law theories, and empirical studies based on an extensive body of historical maps from around the globe to do so. Ultimately, the book argues that China has sovereignty over the Nansha Islands and the surrounding waters, either on the basis of historical claims or modern realities. In recent years, the Nansha disputes have attracted considerable attention. Far from being resolved, they have instead become even more heated. The only reasonable way to solve the problem, as argued here, is on the basis of relevant history and legislation. Addressing this highly topical issue, the book also provides an English-speaking audience with access to essential content on the sovereignty, history, and legislation concerning the Nansha Islands.

Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law'sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.

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

This book provides a guide to the challenges of special economic zones. Focusing on Africa, while also discussing China, Taiwan, Dominican Republic, Malaysia, and South Korea, the impact on economic development of special economic zones is analysed to highlight the successes and failures of these zones. New emerging issues, such as the sustainable development goals and the fourth industrial revolution, are presented as factors that need to be addressed in order for special economic zones to be productive in Africa. The role of foreign direct investments, job creation, industrialization, and regulation is also discussed. Special Economic Zones: Economic Development in Africa aims to set out an empirical framework on how to create effective special economic zones. It will be relevant to researchers and policymakers interested in African and development economics.