Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity. Chapters written by international experts cover a broad range of topics including humanitarianism, transitional justice, economic rights, academic freedom, women's rights, environmental justice, and business responsibility for human rights. The book highlights the importance of contemporary research agendas for human rights being centred on questions of governance and fulfilment, shifting responsibilities, rights interdependence and global inequality. This is a critical read for students and scholars of human rights law, politics and international relations. The strong forward-looking agenda and coverage of a large number of fields within human rights studies will be helpful for advanced students looking for new areas of study for research projects.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs. Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs. Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.

Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders. The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging. This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.

Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy. Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China. Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.

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.

This timely book explores a critical new juncture where globalisation is in retreat and global norms of behaviour are not converging. Frank Vibert provides an expert analysis on how this situation has arisen from a combination of changes in the relative power and position of nations and the different values behind the organisation of domestic government in democracies and authoritarian states. Vibert challenges the assumption that differences in the way countries organise their domestic form of government can be kept separate from rulemaking at the international level. The book examines how democracies can defend their own values relative to others, the methods of influence, and the ways of managing conflict between contending values. Comity maps a path away from impasse to where democracies cooperate to make rules for themselves that can then be extended to others. It also discusses the legitimacy of this form of international rulemaking. Vibert concludes with the need for democracies to address their own democratic backsliding and to refresh their alliances with other democracies. This book steps back from conventional claims that we are heading towards an ever more globalised world and sets out the importance of norms in shaping institutions, relationships and the techniques of rulemaking. The book will be critical reading for scholars of international relations, constitutional and administrative law, regulation, and international politics. It will also be useful for practitioners in international organisations, governments and administrative bodies.

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.

Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers. Adopting a scenario-based approach, this much-needed book analyses a diverse set of transboundary aquifer agreements and arrangements. With just a handful of such agreements and arrangements around the world, it demonstrates how identifying a normative roadmap for countries that want to begin jointly managing a transboundary aquifer is of paramount importance. Offering an in-depth exploration into the ILC Draft Articles on the Law of Transboundary Aquifers, it provides insight into how this body of law is evolving, and discusses its relation to customary international law. Academics and researchers interested in international water law, environmental law and public international law more widely will find this a unique and compelling work, whilst the book’s practical approach will also make it a useful tool for transboundary aquifer professionals and wider stakeholders working in governments and public bodies dealing with water management around the world.

This timely book explores the complexities of the EU's international economic relations in the context of its commitment to the rule of law both within the Union and internationally. It does so from three main standpoints: the 'autonomy' of the EU and judicial dialogue, the rule of law through treaty drafting, and the role of international courts and tribunals in upholding the rule of law. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations, such as the relationship between EU law and international investment arbitration. The contributions consider how dialogue between EU law and international law can enhance the rule of law, providing an analysis of legal issues that also offers concrete tools for overcoming the challenges that arise from them. Scholars and practitioners working in EU external relations, constitutional EU law, and public international law will find this book to be essential reading. Its critical approach will also be of great interest to policymakers in Europe and beyond.

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.

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 updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace. Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.

This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries. Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in the assessment of regional human rights regimes. Chapters written by leading scholars and practitioners from around the globe cover a wide range of jurisdictions from Europe, Latin America and Africa and their interactions with regional human rights courts. The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law. Scholars, students and practitioners of public international law, international human rights law and comparative law will find this Research Handbook an invaluable resource. It will also benefit officials and lawyers working with international organisations who deal with human rights issues on a regular basis.

Across the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community. This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation. This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read.

Feminist Frontiers in Climate Justice provides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world. With contributions from leading scholars in law, feminism, human rights and politics, this book considers how equality is conceptualised experienced and used in policies, law and practice that are integral to climate justice. Chapters reveal how international and national policy and legal frameworks fall short on gender equality and climate justice. Overall, the book demonstrates that the climate crisis demands an ambitious and transformative approach to equality, including developing feminist ideas of care and social reproduction, to reconstruct law and policy towards a more just world for all. This ground-breaking book will be essential reading for scholars across many areas of law including environmental law, human rights, public international law, law and gender, and law and development. Its discussion of the international framework alongside in-depth case studies and assessments of women's mobilization strategies will also be highly relevant to social scientists, officials in international organizations, policymakers, lawyers and activists.

This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.

Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries. Describing the history, implementation and operation of the Paris Agreement, this Commentary is indispensable for obtaining a deep and nuanced understanding of the way in which the global community seeks to intensify its efforts to address climate change. Written by internationally renowned contributors, it discusses recent examples of implementation of the Agreement and nationally determined contributions (NDCs). Clearly written and accessible, this Commentary will be a vital resource for policy makers and government officials involved in climate change across the globe, whilst also being valuable for practitioners, scholars and students of climate change law and policy.

This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. The book's scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law's regulatory potential regarding the use of force. This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.

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 cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both 'hard' and 'soft' innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient. In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation. Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.

This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn. Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike. Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science.

This comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.

This insightful book examines the impact of two competing visions of Asian-Pacific economic growth paths and development governance. It discusses law, development and finance in the context of the Indo-Pacific Strategy versus the Belt and Road Initiative (BRI), whilst also comparing parallel development financing systems. Jin Sheng reflects on and connects a series of issues of global significance, such as the economic Cold War, global debt, industrialisation and development in the developing world, and the changing international economic order. In so doing the author posits that the BRI's ultimate objective is to export China's development model, which is characterised by a focus on exports, experimentalism, and oversupply of currency. The book also critically examines China's ambition to dominate the international economic order and set up its own favoured international rules. Alternative Development Finance and Parallel Development Strategies in the Asia-Pacific will be an important read for researchers and policy makers in the fields of law, development and finance in the Asia-Pacific region.

This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values. Articulated in two sections, the first analyses the opportunities and the challenges that blockchain and distributed ledger technologies raise in the field of public and constitutional law, while the second highlights challenges derived from the intersection between blockchain and other legal fields such as contract law, financial law and antitrust law. A wide variety of expert contributions offer further examinations of the constitutional challenges of blockchain technologies that provide regulatory options for governments and lawmakers. Blockchain and Public Law will be a critical point of reference for scholars and students of legal theory, public policy and governmental law. It will also be beneficial to legal practitioners and lawmakers to further develop their knowledge of the field of blockchain at national and international levels.

This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030. Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon-intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation. He demonstrates how the design of such a charge would comply with the EU's obligations and WTO's legal requirements, and illustrates how such a charge would be drafted, providing guidance on administering carbon taxation and analysing carbon charges alongside the EU recommended portfolio of policy instruments. This thought-provoking book will be an essential read for all policymakers, consultants and practitioners working in environmental law and policy in the EU. It will also be valuable to scholars working at the intersections of economics and environmental and energy law.

This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.