This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.

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.

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.

Commercial Uses of Space and Space Tourism combines the perspectives of academics, policy makers and major industry players around three central themes: the international legal challenges posed by the dramatic changes to the spacefaring landscape; the corresponding legal and regulatory responses to these challenges at the national level; and topical questions of global space governance. Chapters cover emerging activities in commercial spacefaring, including space tourism and space transportation, and identify the regulatory issues that may arise in the absence of a clear boundary between airspace and outer space. By taking a pragmatic, inductive approach, the book aims to breathe new life into the discussion of the air?space boundary, while informing readers about the many exciting recent developments in commercial spacefaring. This book will appeal to lecturers, academics and students in space law and air law, as well as policy makers and industry practitioners involved in the regulation of orbital and suborbital commercial spaceflight, both manned and unmanned. Contributors include: P. De Man, M. Gold, A. Harrington, C. Hearsey, T. Herman, A. Kerrest, J.-B. Marciacq, J.-F. Mayence, W. Munters, D.P. Murray, K. Nyman-Metcalf, L.J. Smith, A. Soucek, J. Stubbs, S. Wood, J. Wouters

Antidumping trade protection is one of the most frequent and ubiquitous trade policies in the global economy. This review discusses the key reference pieces in the antidumping literature that have critically defined and shaped what we know about this important and unique form of trade protection. The review critically analyzes the literature and discusses its future directions - it is an important research tool not only for new and established scholars in international economics, but also policymakers and legal scholars.

In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: 'you just don't bribe.' The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.

For several decades, social rights lacked proper recognition in international law, being qualified as aspirational goals rather than rights, and therefore not enjoying the same level of protection or status as other human rights. This comprehensive Research Handbook provides a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century's policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights. Offering in-depth discussion of current debates in the field of social rights and international law, expert contributors analyse the ability of these rights to act as a tool to fight inequality, as well as to protect and ensure diversity. In so doing, they examine how social rights now play a central role in the shift from a state-centred to a value-based global order. This Research Handbook will be a useful resource for students and academics working on social rights in international human rights law and other fields of public international law. It will also be of value to lawyers, NGOs and state officials concerned with the enforcement and implementation of social rights. Contributors include: V. Bilkova, C. Binder, J.P. Bohoslavsky, D.M. Chirwa, A. Constantinides, J. Cortez da Cunha Cruz, E. De Brabandere, M. de Carvalho Hernandez, E. Dermine, M. Dobri , E. Ferrer Mac-Gregor, M. Goldmann, M. Gongora-Mera, J.A. Hofbauer, D. Ikawa, P. Janig, Z. K dzia, A. Kendrick, T. Kleinlein, E. Lopez-Jacoiste, K. Lukas, S. McInerney-Lankford, A. Mkhonza, M. Morales Antoniazzi, A. Muller, Y. Negishi, M. Nowak, K. Olaniyan, L.C. Pautassi, F. Piovesan, E. Schmid, J. Schoensteiner, F. Seatzu, A. Ubeda de Torre, F. Viljoen, R. Wilde, I.T. Winkler

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.

Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity. This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.

Although child soldiers have received considerable media and policy attention, they remain poorly understood and inadequately protected. This Research Handbook addresses this troubling gap by offering a reflective and nuanced review of the complex issue of child soldiering. Containing original contributions from leading experts in many disciplines working across six continents, this comprehensive Handbook showcases diverse experiences and unique perspectives. The Handbook unpacks the life-cycle of youth and militarization: from recruitment, to demobilization, and return to civilian life. Challenging prevailing assumptions and conceptions, this uplifting Handbook focuses on the child soldier's capacity to cope with adversity. In so doing, it emphasizes the resilience, humanity and potential of children affected - rather than 'afflicted' - by armed conflict. The Research Handbook on Child Soldiers will be of interest to academics, practitioners and activists alike, with its extensive incorporation of cutting-edge fieldwork and the voices of the children themselves. Promoting equity between generations, this Handbook will also appeal to individuals from many walks of life who are concerned with the rights of the child in times of conflict, peace, and the in-between.

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

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.

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. The concise and accessible chapters provide an international scope and detailed bibliographies that allow readers to explore issues in depth. Topics include: the role of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals. This volume offers a complete exploration of the complicated issue of environmental decision making. It is ideal as an introduction for students, as a reference point for scholars, and as a comprehensive guide for practitioners. Contributors include: W.L. Andreen, J. Broderick, C. Bruch, N.S. Bryner, W.W. Buzbee, C. Coglianese, K.S. Coplan, E. Daly, E.A. DeGroff, J.C. Dernbach, D.M. Driesen, H. Elliott, K.H. Engel, V.B. Flatt, R.L. Glicksman, E. Hammond, R.L. Hill, S.B. Krolikowski, B.C. Karkkainen, I.E. Kornfeld, G.J. S. Leal, M. Lee, G. Levitt, S.E. Light, J. Makowiak, D.R. Mandelker, B.C. Mank, J.R. May, K. Morrow, J. Nash, S.F. Nolon, D. Owen, L.C. Paddock. C. Pring, G. Pring, A. Sinden, W.M. Tabb, G. Van Hoorick, M.P. Vandenbergh, M.A. Wenisch, J.A. Wentz, M.C. Wood, S. Zellmer

International economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law. Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. Vadi

In the field of 'climate change', no terrain goes uncontested. The terminological tug of war between activists and corporations, scientists and governments, has seen radical notions of 'sustainability' emptied of urgency and subordinated to the interests of capital. 'Just Transition' is the latest such battleground, and the conceptual keystone of the post-COP21 climate policy world. But what does it really mean? Just Transition emerged as a framework developed within the trade union movement to encompass a range of social interventions needed to secure workers' and frontline communities' jobs and livelihoods as economies shift to sustainable production. Just Transitions draws on a range of perspectives from the global North and South to interrogate the overlaps, synergies and tensions between various understandings of the Just Transition approach. As the concept is entering the mainstream, has it lost its radical edge, and if so, can it be recovered? Written by academics and activists from around the globe, this unique edited collection is the first book entirely devoted to Just Transition.

Informed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China's cooperation with its south Asian neighbors. After evaluating the nine existing environmental regimes across the subregions of southwest, central, southeast and northeast Asia, Simon Marsden proposes a tenth regime for the cross subregion in south and east Asia known as the Third Pole. The role of China in connection with each of the existing agreements-as lender, dialogue partner or Party-is a key aspect of the analysis, considering it in developmental, legal and political contexts. Conclusions recommend future research to progress efforts in developing such a regime and caution the need for context in any legal transplant. This book will have a strong appeal for international environmental law and environmental planning and management researchers. Meanwhile those in international relations or international politics will find valuable insights in the book's exploration of relationships between the states of each subregion and China, whilst coverage of the regulation of oil and gas, hydroelectricity and exploitation of other resources will be of great interest to energy law scholars and practitioners.

This is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives. Inter alia, this book will focus on multinational rules and systems of dispute resolution in the era of a global economy, while also exploring accountability and transparency in the course of civil justice. Transnational cooperation in cross-border insolvency, regionalism in the process of recognition and enforcement of foreign titles, and the application of electronic technologies in judicial proceedings, including new types of evidence also play a major role.Technology, the Global Economy and other New Challenges for Civil Justice is a compact and accessible overview of new developments in the field from across the world and written for those with an interest in civil justice.