In 1953 the European Convention for the Protection of Human Rights and Fundamental Freedoms came into force. It was born of the shared conviction that breaches of the most elementary human rights, such as had been experienced in the 1930s and 40s, should never be allowed to occur again. The Convention and the control bodies responsible for ensuring the observance of the engagements undertaken by the contracting States have had a profound influence on democratic European society in the latter half of this century, and have had repercussions outside Europe too; indeed the European system of human rights protection has served as a model or basic reference text for other regional systems. "The European System for the Protection of Human Rights" is a collection of essays by scholars and practitioners in the field of European Human Rights. Its aim is not only to sum up 40 years of European experience in the collective endeavour to protect human rights, but to stimulate critical thinking about that experience and to review whether the Convention system as it stands is still fitted to meet the needs of European society in the coming millennium.

The United Nations currently has five effective international space treaties, namely the Outer Space Treaty of 1967, Space Rescue Agreement of 1968, Space Liability Convention of 1972, Space Registration Convention of 1975, and Moon Agreement of 1979. However, with recent competition and movements to mine and exploit natural resources from such entities as the moon, asteroids, etc., these outdated treaties no longer address current advancements. It is imperative that new research is undertaken to urge and progress new space laws and policies that strengthen international cooperation and joint undertakings into the exploitation of natural resources from outer space. Global Issues Surrounding Outer Space Law and Policy grants a general understanding for the current issues and methods of solution in the field of outer space law and policy in the global society. It suggests a revision of the five international space treaties and presents a new International Space Agency (ISA) that would use international cooperation and an International Court of Air and Space Law to promote the speed of work and fairness in trials of air and space law cases. Additionally, solutions for the cooperation of the global community towards joint undertakings and exploitation of natural resources in celestial bodies is explored. This book is ideal for lawyers, professors, government officials, space agencies, academicians, researchers, students, and anyone looking to understand the complicated problems and methods of solution in international space law and policy.

Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban's compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar's myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.

Following a review of international humanitarian and criminal law and a description of many unpunished massacres or genocides, this book opens up perspectives of remedy through national justice, truth and reconciliation commissions, and mainly international criminal justice. In June 1998, diplomats from all United Nations' countries met in Rome to draft the Statute of a permanent International Criminal Court, a daring innovation. Based on the precedents of the Nuremberg and Tokyo Tribunals and the War Crimes Tribunals for the Former Yugoslavia and Rwanda, the new Court will judge individuals, not states, for grave violations of international humanitarian law.

The patterns and impact of globalization have become a common concern of all international jurists, sociologists, political scientists, and philosophers. Many have observed the erosion of the powers of nation states and the emergence of new transnational governance regimes, and seek to understand their internal dynamics, re-regulatory potential, and normative quality. Karl Polanyi's seminal book - The Great Transformation - is attracting new attention to such endeavors, mirroring a growing sensitivity to the social and economic risks of dis-embedding politics. Their re-construction by Polanyi - including his warning against a commodification of labor, land, and money - provide the trans-disciplinary reference point for the contributions to this book. Political economy, political theory, sociology, and political science inform this discussion of Polanyi's insights in the age of globalization. Further theoretical essays and case studies look at his 'false commodities': money, labor (and services), and land (and the environment). Jurists have hardly ever discussed Polanyi, and the law has not been taken very seriously among 'Polanyians.' It is nevertheless clear that economic stability and social protection are simply inconceivable without the visible hand of law. The legal discussion in this book's concluding chapters do not, and cannot, depart directly from such premises. The framework of their analyses is, instead, informed by current debates on the emergence of para-legal regimes, the fragmentation of international law, and the prospects of constitutional perspectives within which the rule of law and the notion of law-mediated legitimate governance are established. Polanyi's notion of the co-originality of dis-embedding moves and re-imbedding countermoves can, however, be usefully employed in the re-construction of the sociological background of the moves and tensions which jurists discern.

'This book is a thoroughly researched and well written exploration of one of the most divisive topics in modern democratic discourse. Novak brings careful and clear thinking to a topic too often clouded in emotion and guided by moral intuition. ' -Peter Boettke, Professor of Economics and Philosophy, George Mason University, USA 'Inequality has bred a climate of hostile political discourse reminiscent of the cold war. In this lucid book, Novak explains how we can transcend that hostility by recognizing the deeply entangled character of politics and economics within modern societies.' -Richard E. Wagner, Hobart R. Harris Professor of Economics, George Mason University, USA 'Mikayla Novak has provided a bold new intellectual foundation for social policy analysis.' -Jason Potts, Professor of Economics, RMIT University, Australia In recent years the degree of income and wealth inequality within developed countries has been raised as a central issue in economic and social policy debates. Numerous figures across diverse ideological affinities have advocated policy measures to significantly alter income and wealth distributions, while the inequality debate has become infused with other subjects such as social justice and identity politics. This book presents an account of economic inequality from a contemporary classical liberal perspective. Inequality is seen as a by-product of entangled relationships within society, bringing to the fore key ideas from complexity, evolutionary and network sciences. Novak illustrates that inequality is problematic insofar as it generates pro-rich redistribution and constrains progress by the less well off. Economic inequality has important links with issues such as fiscal and regulatory policies, discrimination and social exclusion, and institutional design. This unique book is important reading for social science academics, policy makers and people interested in exploring the dimensions and solutions to inequality, a critical issue of our time.

Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space - the province of all mankind - begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.

This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. In addition to offering critical insights on the historical evolution of the business and human rights field and its relationship with the domain of corporate social responsibility, contributions to this comprehensive Research Handbook are split into several thematic parts to facilitate cohesive analysis. Chapters explore the themes of corporate human rights due diligence, regulatory role of states, human rights intersection with trade, investment and finance, heightened risks for certain groups and contexts, and corporate accountability. Containing a detailed examination of the challenges and the potential solutions in the field, the Research Handbook on Human Rights and Business will be an indispensable resource for scholars, researchers, policymakers and practitioners working at the intersection of business and human rights. Contributors include: D.D. Bradlow, H. Cantu Rivera, D. Cassel, L. Cata Backer, D. Chimisso dos Santos, J. Coleman, K.Y. Cordes, S. Deva, N. Jagers, L. Johnson, J. Kolieb, M. Krajewski, J. Kyriakakis, J. Letnar ernic, R. Mares, J. Martin, O. Martin-Ortega, C. Methven O Brien, A. Naude Fourie, J. Nolan, M.M. Rahim, J.G. Ruggie, S.L. Seck, B. Stephens, M.B. Taylor, T. Van Ho, M. van Huijstee, F. Wettstein, J. Wilde-Ramsing

The interpretation and application of the rules of international and regional trade is becoming an increasingly specialized field. This study provides an in-depth analysis of the core legal concepts characterizing the two most prominent and successful efforts in the regulation of international trade to date. Adopting a comparative method, it analyzes the basic legal instruments employed by the EU and the WTO for the purpose of liberalizing trade in goods among their respective Members. To this end, this study offers a fresh look at the principles underlying the basic rules of international trade law, including the prohibition of border measures, the principle of non-discrimination on grounds of nationality, and the principle of reasonableness.

This book will be an important resource for scholars and practitioners alike in the emerging field of business and human rights. Simon Baughen's careful and comprehensive analysis of the US and UK case law on corporate responsibility for human rights abuses is invaluable.' - Claire Methven O'Brien, The Danish Institute for Human RightsThe effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. This timely book considers how these 'governance gaps', as identified by Professor John Ruggie, may be closed. Simon Baughen examines the status of corporations under international law, the civil liability of corporations for their participation in international crimes and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles. The book includes in-depth analysis of the key legal issues and examines a variety of scenarios including: the Alien Tort Statute litigation against transnational corporations (TNCs) in the US; the use of customary international law as a cause of action in jurisdictions outside the US; and tort litigation against TNCs in the US and UK. The author evaluates how governance gaps may be closed, building on a critical analysis of the place of home States, host States and TNCs under international law and of the UN Guiding Principles and other 'soft law' initiatives. This book will be essential reading for postgraduate students and academics in human rights and corporate governance. It will also provide comprehensive insights for practitioners in NGO.

The great novelty of Netherlands Insolvency Law is that it is the first book in the English language covering the Netherlands insolvency law as a whole. It is a practical book for use by internal and external legal counsel, Dutch and non Dutch companies, students, academics and practitioners alike, presenting not only the principal concepts but also the current state of affairs of the Netherlands in solvency law. The reader is offered not only the black letter law, but also impar tial discussions presenting differing views on particular aspects of the insolvency law. Furthermore, Netherlands Insolvency Law briefly addresses recent develop ments such as the EU Insolvency Regulation and the progress made on the ongo ing total revision of the Netherlands Bankruptcy Act in the "Marktwerking, Deregulering en Wetgevingskwaliteit (MDW)"-project. Declercq has successfully managed to strike such a balance that, on the one hand, the book offers the reader more than an average introduction, while on the other hand, it is not weighed down in a quagmire of technical detail. Declercq's experi ence and international exposure as an insolvency lawyer in one of the most repu table law fmns in the Netherlands has probably contributed in this respect. Netherlands Insolvency Law promises to become a standard textbook to a wide ranging audience. ANTONIUS I. M. vAN MIERLO ProfessorofLaw Erasmus University Rotterdam January 2002 VII TABLE OF CONTENTS Preface V Abbreviations XIII Introduction XVII CHAPTER 1 - THE NETHERLANDS BANKRUPTCY ACT 1."

This book presents a comprehensive overview of the role space is playing in unlocking Latin America's developmental aspirations. It explains how space and its applications can be used to support the development of the full range and diversity of Latin American societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly used to support the continent's social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, great advances in economic and social development have lifted many of Latin America's people out of poverty, there is still much that needs to be done to fulfill the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Latin America's goals for its future, but there is still a need for further incorporation of space systems and data. The book is of great interest to researchers, professionals and students in fields such as Space Studies, International Relations, Governance, Social and Rural Development, and many others.

The UNCITRAL Model Law on International Commercial Arbitration has been a great success in harmonizing the law of arbitration around the world. Several dozen countries have either adopted the law or amended their own laws to be in conformity with it. The fact that the law is the same in so many countries allows courts from each country to benefit from the interpretation of the Model Law provisions in many countries. This book, written by distinguished arbitration practitioners, compiles decisions applying the Model Law from most Model Law jurisdictions, and organizes them in order to provide easy reference. The cases are organized by section of the Model law, with the cases applying that section from multiple jurisdictions summarized together. Each summary includes a statement of the holding of the case, a broader summary of the facts and the ruling, and case citations. This compilation will allow arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions. Decisions are compiled applying the Model Law from various Model Law jurisdictions and cases are organized by section of the Model Law, with the cases applying to that section from multiple jurisdictions summarized together.

This edited book examines the role of interpreting in conflict situations, bringing together studies from different international and intercultural contexts, with contributions from military personnel, humanitarian interpreters and activists as well as academics. The authors use case studies to compare relevant notions of interpreting in conflict-related scenarios such as: the positionality of the interpreter, the ethical, emotional and security implications of their work, the specific training needed to carry out work for military and humanitarian organizations, and the relations of power created between the different stakeholders. The book will be of interest to students and scholars of translation and interpreting, conflict and peace studies, as well as conflict resolution and management.

The development, production, stockpiling and use in war of biological and toxin weapons are prohibited by international law. Although not explicitly stated, the two treaties outlawing such activities, the Geneva Protocol of 1925 and the Biological and Toxin Weapons Convention of 1972, prohibit the continuation of activities previously performed in Biological and Toxin Weapons facilities not justified for prophylactic, protective or other peaceful purposes. Because conversion and other means of cessation of former BTW facilities are not explicitly addressed in the treaties mentioned above the problems involved in conversion ofBTW facilities have thus far only been discussed marginally in the open literature. In times of increased awareness of the danger of biological and toxin warfare (including the increased danger of terrorist use of biological and toxin weapons) it seemed necessary to us to invite experts from different parts of the world to discuss the pros and cons of conversion and the problems involved. It also became obvious to us that the conversion of former BTW facilities should be discussed with respect to the necessity of peaceful internatioual cooperation in areas related to the Biological and Toxin Weapons Convention. An additional reason to discuss matters of peaceful cooperation is that cooperation is explictly requested by Article X of the Biological and Toxin Weapons Convention.

This book introduces the reader to the Common European Asylum System (CEAS), its background, its law and policy documents as well as its current state and future direction. The CEAS comprises the European Union's legislation and policy on asylum. Its objective is to attain similar sets of procedures and protection for asylum seekers and refugees in the EU Member States. To assess the current developments of the CEAS, the author took the conclusions of the European Council meeting of Tampere as a yardstick. The implementation of the EU's asylum legislation in practice was also evaluated. For that purpose the implication of the CEAS at the national level had to be analyzed in at least one of the EU Member States. Slovakia, a new Member State, was chosen as an example because of its geographical position at the external border of the EU and the high number of asylum applicants within its borders. The author analyzes asylum law at two levels: EU law and national law against the background of international law (the 1951 Geneva Convention Relating to the Status of Refugees). The Hague Programme, other policy instruments and the Treaty establishing a Constitution for Europe are also dealt with from an asylum perspective. Finally, a well-balanced critique of the CEAS is given, providing views and expectations concerning its future direction. This book is important for all those who deal with asylum matters, such as practitioners, parliamentarians and NGOs. It serves as a reference for further discussions and studies in the context of the EU, and it will also be useful as a reference work for further EU enlargement and the development of the asylum system. Olga Ferguson Sidorenko is currently employed as an Associate Legal Officer at the International Criminal Tribunal for the Former Yugoslavia. She obtained her law degree in 1998 at the Comenius University in Bratislava, Slovakia, and her doctorate in 2006 at the Erasmus Universiteit Rotterdam, the Netherlands. She lectured in International Law at the Comenius University and in EU Law at the Erasmus Universiteit Rotterdam and the University of Economics Bratislava.

Considers how legal reforms and awareness-raising associated with building the rule of law, have engaged the popular legal consciousness, producing contradictions that have in turn shaped the nature of the resultant legality. Explores the case study of the Democratic Republic of Congo. This book will appeal to comparativists, Africanists, and socio-legal scholars.

Introducing the Negev-Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples', progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin's traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines' land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.

The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-Albin

Balancing a child's welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. By profiling the nations in accordance with the same indicators, it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children.

Opposite pages bear duplicate numbering

The Human Right to Water and Its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, Jul 28 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, and movement within the NGO community for an international water treaty. Amanda Cahill Ripley analyses the current legal status, substantive content, and obligations correlative to the right, and examines the relationship between other economic, social and cultural rights related to the right to water. The book goes on to look more specifically at the application of the human right to water in the Occupied Palestinian Territories. Using innovative methodology, Cahill Ripley combines legal analysis with a qualitative social science empirical case study to explore the enjoyment of the right 'on the ground'. The wider implications of the case study findings are then considered, looking at what can be done to strengthen the right legally in terms of its status and codification, and what remedy can be found for violations of the right, both specifically in the Occupied Palestinian Territories and in a more general context. The book will be of interest to students, academics and practitioners within the fields of international human rights law and international humanitarian law, as well as those concerned with international relations and conflict resolution within Israel/Palestine and the wider Middle East region.