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Books > Law > International law > Public international law
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
This book studies the role of international actors in the areas of transitional justice and justice sector aid with respect to traditional justice and legal pluralism in sub-Saharan Africa. Based on a number of case studies, the chapters describe the kinds of policies and interventions that are supported and financed by international actors, with special attention for the kinds of strategies that are deployed in order to address areas of tension with human rights. The volume then explores the relationship between international actors' practices and the body of knowledge that exists in these domains, as well as in general socio legal theory. Thereby, this contribution offers empirical data drawn from examples of who is doing what in a series of case studies, identifies regional trends and links them to the existing literature by examining the extent to which the insights generated so far by scholars and practitioners is reflected in the work of international actors. Based on this, the book formulates a number of hypotheses that may explain current trends and proposes additional issues that need to be considered in future research agendas. Finally, the volume links two fields of intervention that have so far evolved in rather parallel ways and explores the commonalities and differences that can be found in the areas of transitional justice and justice sector aid.
This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.
Inspired by the vision of the future of humankind in outer space, an international team of technical experts, lawyers and political scientists examined topical issues of law and policy under the leadership of the editors - not only with respect to international space flight and space exploration, but also in view of the safe and sustainable use of space technology for the benefit of our planet. After all, our original habitat should not be sacrificed on our way to Moon and Mars! In this regard, Outer Space - Future for Humankind examines fundamental questions like the problem of space debris, the safe use of nuclear power sources in outer space, the protection of the ozone layer during space launches, the issue of light pollution and the protection of the marine environment during the guided re-entry of space craft into the High Seas. In addition to these problems of technical nature, questions relating to the peaceful, equitable and responsible use of outer space are explored also with regard to issues as space traffic management which must be solved by scientists, lawyers and politicians on an international scale, and supported by an again increasingly interested general public.
There have been remarkable developments in the field of human rights in the past few decades. Still, millions of asylum-seekers, refugees, and undocumented immigrants continue to find it challenging to access human rights. In this book, Ayten Gundogdu builds on Hannah Arendt's analysis of statelessness and argues that these challenges reveal the perplexities of human rights. Human rights promise equal personhood regardless of citizenship status, yet their existing formulations are tied to the principle of territorial sovereignty. This situation leaves various categories of migrants in a condition of "rightlessness," with a very precarious legal, political, and human standing. Gundogdu examines this problem in the context of immigration detention, deportation, and refugee camps. Critical of the existing system of human rights without seeing it as a dead end, she argues for the need to pay closer attention to the political practices of migrants who challenge their condition of rightlessness and propose new understandings of human rights. What arises from this critical reflection on human rights is also a novel reading of Arendt, one that offers refreshing insights into various dimensions of her political thought, including her account of the human condition, "the social question," and "the right to have rights." Rightlessness in an Age of Rights is a valuable addition to the literature on Hannah Arendt and a vital way of rethinking human rights as they relate to contemporary issues of immigration.
Over the past twenty years, National Human Rights Institutions (NHRIs) have moved from the periphery to the centre of the human rights debate. The potential of NHRIs to transmit and implement international norms at the domestic level, and to transfer human rights expertise to regional and global human rights fora, is increasingly recognised. In Europe, the continent with the widest variety and density of human rights protection mechanisms, NHRIs are also gradually gaining recognition as actors that can enable more comprehensive and effective human rights promotion and protection. This book, the result of a COST conference held in Leuven in April 2012, focuses on the functioning and role of NHRIs in Europe in a comparative, European and international perspective. At a time when the European Union is looking for a more coherent and strategic human rights policy, it is important that policy makers and academics pay more attention to the potential role of NHRIs. By bringing together contributions from academics and practitioners, this volume offers insights into the opportunities and challenges that accompany the increasing emergence of NHRIs in Europe and their proliferation on the multiple levels of human rights promotion and protection. Accordingly, this volume aims to inform and further trigger the NHRI debate in Europe.
The New York Convention is regarded as one of the most successful treaties in the past fifty-five years. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention - A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely Darwinian legal theory and game theory. Four key topics are analysed in this book: the evolution of the treaty, the competition among various jurisdictions, lex mercatoria and governing law in arbitration, and the doctrine of public policy. This choice of key topics offers the opportunity to look into these so-called core dilemmas surrounding the New York Convention from different angles, inspiring the reader to think outside the box. In addition, against the background of the current financial crisis, this book focuses on the use of the New York Convention in the context of global governance and discusses the need for a reform of the existing regime of cross-border transactions and activities. Rethinking the New York Convention - A Law and Economics Approach explores the topic in a refreshing style and will be of use for anyone who is interested in arbitration or law and economics.
The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.
This twenty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the International Criminal Court in the period 2004-2007. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included. Contributors: Denis Abels, Kai Ambos, Ccile Aptel, Amir Cengic, Annelisa Ciampi, Annemarie De Brouwer, Karel de Meester, Hkan Friman, Marc Groenhuijsen, Dov Jacobs, Erik Kok, Gunal Mettraux, Ioannis Naziris, Astrid Reisinger, Lela Scott, Sergey Vasiliev, Alexander Zahar and Salvatore Zappala
The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.
The Elgar Encyclopedia of Human Rights is the most comprehensive reference work in the field of international human rights protection. Comprising over 340 entries, presented alphabetically, and available online and in print, the Encyclopedia addresses the full range of themes associated with the study and practice of human rights in the modern world. Topics range from substantive human rights to the relevant institutions, legal documents, conceptual and procedural issues of international law and a wide variety of thematic entries. The Encyclopedia has a distinct focus on international human rights law but at the same time is enriched by approaches from the broader social sciences, making it a truly unique and multi-disciplinary resource. The Encyclopedia boasts an incredibly diverse author team, featuring contributions from close to 300 scholars and practitioners from more than 65 countries, representing all regions of the world. Contributors include leading experts in their respective fields - among them current and former UN Special Rapporteurs and Independent Experts, renowned academics, judges of national, international and regional (human rights) courts, members of universal and regional human rights bodies, members of the International Law Commission, as well as legal advisors of foreign offices and international and non-governmental organizations. Key Features: Over 340 entries Entries organized alphabetically for ease of navigation Fully cross-referenced Entries written by practitioners and scholars from around the world World class editorial team
Relief Chief is Mark Lowcock's behind-the-scenes account of his experience as the world's most senior humanitarian official-the UN Relief Chief. In his four years on the job, Lowcock coordinated the work of UN agencies, the Red Cross, and countless national and international humanitarian groups to save lives and protect the most vulnerable. Appointed in 2017, Lowcock was witness to the biggest explosion in humanitarian need in modern history. Wars, droughts, floods, storms, earthquakes, volcanoes, and then the COVID-19 global pandemic put humanitarian agencies under unprecedented strain. Long-standing crises like those in Syria, Yemen, and the Sahel got worse. New ones arose, in Ethiopia, Mozambique, Venezuela, and elsewhere. Over his tenure, Lowcock raised record amounts of money to tackle these problems, but this was not enough to prevent humanitarian agencies from being overwhelmed by the emergencies they were asked to deal with, as Lowcock documents from a personal, inside perspective. Part memoir and part manifesto for reform, Relief Chief depicts the brutality, misery and inhumanity inflicted on innocent people in crises. Lowcock recounts what people he met in dozens of countries-especially women and children-shared with him about their plight and the help they needed. He warns that crises will continue to get worse without a renewed global effort to tackle their causes. But Relief Chief is also an uplifting story of lives saved and suffering reduced, and a detailed, practical agenda for solving crises faster and better in the future.
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
In Legislating International Organization, Kathryn Lavelle argues against the commonly-held idea that key international organizations are entities unto themselves, immune from the influence and pressures of individual states' domestic policies. Covering the history of the IMF and World Bank from their origins, she shows that domestic political constituencies in advanced industrial states have always been important drivers of international financial institution policy. Lavelle focuses in particular on the U.S. Congress, tracing its long history of involvement with these institutions and showing how it wields significant influence. Drawing from archival research and interviews with members and staff, Lavelle shows that Congress is not particularly hostile to the multilateralism inherent in the IMF and World Bank, and has championed them at several key historical junctures. Congress is not uniformly supportive of these institutions, however. As Lavelle illustrates, it is more defensive of its constitutionally designated powers and more open to competing interest group concerns than legislatures in other advanced industrial states. Legislating International Organization will reshape how we think about how the U.S. Congress interacts with international institutions and more broadly about the relationship of domestic politics to global governance throughout the world. This is especially relevant given the impact of 2008 financial crisis, which has made the issue of multilateralism in American politics more important than ever.
Combined Transport Documents provides a comprehensive guide to combined transport or multi-modal contracts. It examines the main contracts that deal with combined transport logically, from those concerned with the procuring of tonnage through to those that deal with general average and salvage. It also focuses on the complicated chains of indemnity particular to multimember consortium operations and explains in substantial detail a recommended draft bill of lading contract of carriage which the author himself developed. Combined Transport Documents provides a comprehensive guide to combined transport or multi-modal contracts. It examines the main contracts that deal with combined transport logically, from those concerned with the procuring of tonnage through to those that deal with general average and salvage. It also focuses on the complicated chains of indemnity particular to multi-member consortium operations and explains in substantial detail a recommended draft bill of lading contract of carriage which the author himself developed.
Part of the ""Carriage by Sea"" series, this second edition contains statistical information on coal consumption, production and trade, including comparative statistics by geographical area, together with full analysis. The carriage of coal by sea, including the specifications and problems of vessels used to carry coal, terminal operations and charterparties are also covered, as are some of the most frequently arising claims and preventative measures. The book is suitable for companies involved in the coal trades, including shipowners, operators, charterers, managers, shipbuilders and coal exporters and importers.
This book provides the first comprehensive legal analysis of the
twelve war crimes trials held in the American zone of occupation
between 1946 and 1949, collectively known as the Nuremberg Military
Tribunals (NMTs). The judgments the NMTs produced have played a
critical role in the development of international criminal law,
particularly in terms of how courts currently understand war
crimes, crimes against humanity, and the crime of aggression. The
trials are also of tremendous historical importance, because they
provide a far more comprehensive picture of Nazi atrocities than
their more famous predecessor, the International Military Tribunal
at Nuremberg (IMT). The IMT focused exclusively on the 'major war
criminals'-the Goerings, the Hesses, the Speers. The NMTs, by
contrast, prosecuted doctors, lawyers, judges, industrialists,
bankers-the private citizens and lower-level functionaries whose
willingness to take part in the destruction of millions of
innocents manifested what Hannah Arendt famously called 'the
banality of evil'.
This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic. Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.
Climate change will have a bigger impact on humanity than the Internet has had. The last decade's spate of superstorms, wildfires, heat waves, and droughts has accelerated the public discourse on this topic and lent credence to climatologist Lonnie Thomson's 2010 statement that climate change "represents a clear and present danger to civilization." In June 2015, the Pope declared that action on climate change is a moral issue. This book offers the most up-to-date examination of climate change's foundational science, its implications for our future, and the core clean energy solutions. Alongside detailed but highly accessible descriptions of what is causing climate change, this entry in the What Everyone Needs to Know series answers questions about the practical implications of this growing force on our world: * How will climate change impact you and your family in the coming decades? * What are the future implications for owners of coastal property? * Should you plan on retiring in South Florida or the U.S. Southwest or Southern Europe? * What occupations and fields of study will be most in demand in a globally warmed world? * What impact will climate change have on investments and the global economy? As the world struggles to stem climate change and its effects, everyone will become a part of this story of the century. Here is what you need to know.
For much of history, the rules of war decreed that "to the victor
go the spoils." The winners in warfare routinely seized for
themselves the artistic and cultural treasures of the defeated;
plunder constituted a marker of triumph. By the twentieth century,
international norms declared the opposite, that cultural monuments
should be shielded from destruction or seizure. Prohibiting Plunder
traces and explains the emergence of international rules against
wartime looting of cultural treasures, and explores how
anti-plunder norms have developed over the past 200 years. The book
covers highly topical events including the looting of thousands of
antiquities from the Iraqi National Museum in Baghdad, and the
return of "Holocaust Art" by prominent museums, including the
highly publicized return of five Klimt paintings from the Austrian
Gallery to a Holocaust survivor.
This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs. Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue. Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements.
This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre. The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic. Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.
Providing a thorough legal analysis of money in all its aspects, Mann on the Legal Aspect of Money has been the leading text on the private and public law of money ever since the publication of the first edition in 1939. This latest edition considers issues that arose in the course of the financial crisis, including the legal aspects of the Greek financial crisis, the implications of quantitative easing and the "lender of last resort" function of the central bank. Additionally, there is a new chapter on payment processes following the Payment Services Directive and legislation designed to reinforce legal arrangements in the context of payment systems. In a private law context, the book deals with the nature of money and its use in the payment of private debts and the right to interest and damages in the event of a delay in the payment of a monetary obligation. It also addresses the implications of money laundering regulations, sanctions and similar legislation in the context of monetary obligations. From a public law perspective, it explores the legal consequences of inflation and the erosion of monetary value as well as the structure of national monetary systems, including monetary pegs, currency boards and dollarization. In an international law context, the legal implications of monetary associations are considered including economic and monetary union in Europe. The text also considers the legal implications of fluctuating exchange rates and international obligations in relation to the national currency (e.g. exchange rate manipulation and discriminatory monetary practices). The seventh edition of Mann gives an up-to-date and detailed discussion of current matters, whilst continuing to provide an in-depth analysis on all aspects of monetary law in a single reference source.
The oil and gas industry's wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved. Key Features: Insightful contributions from over 40 leading practitioners and expert legal scholars Examination of domestic and international case law, with analysis of the local laws of 24 jurisdictions globally Consideration of the future of disputes in the oil and gas industry by tracking the evolution and latest trends of the global energy market Examination of the dispute resolution mechanisms used to mitigate disputes, with a focus on international arbitration as a forum for dispute resolution Discussions of a range of operations in the oil and gas industry, including upstream, midstream and downstream projects, and the various contracts that exist within these Featuring a comparative and practice-oriented perspective, this highly informative book will prove an essential resource for practitioners advising parties concerning contractual agreements in the oil and gas sector, as well as a valuable reference point for scholars of energy law and arbitration. |
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