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As the Internet continues to alter our online world, the structure of copyright in its current form becomes inadequate and unfit for purpose. In this bold and persuasive work, Daniel Gervais argues that the international copyright system is in need of a root and branch rethink. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. This book's main objectives are to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform. Part I of the book is thus diagnostic in nature, Part II offers detailed and concrete pathways to improve the current system, whilst in the Epilogue, a clear path to revise the Berne Convention is proposed. Contributing a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest, this book will be required reading for all copyright scholars and practitioners with an interest in the future direction of the field.

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

The Advanced Introduction by Robert Kolb to IHL is a concise and brilliantly written journey through the most challenging aspects of the contemporary laws of war: the distinction between international and non-international armed conflicts, between combatants, fighters and civilians in asymmetric warfare and the so-called 'war on terror', the complex relationship between IHL and international human rights law, the geographical scope of the battlefield in times of cyber warfare and targeted killings by armed drones.' - Manfred Nowak, Vienna University, Austria and Former UN Special Rapporteur on Torture'A fascinating and inspiring presentation and discussion of the most crucial and controversial features of international humanitarian law with respect to its application in contemporary armed conflicts' - Professor Fausto Pocar, President, International Institute of Humanitarian Law, Sanremo, Italy and Judge and Former President, ICTY, The Hague, the Netherlands 'Robert Kolb considers that this is not an introduction for the beginner. Indeed, those seeking a descriptive summary of all the rules of humanitarian law should consult another book or the applicable conventions. For all others, however, this also an inductive, refreshing, committed, yet nuanced introduction, focusing in depth on a few, central issues, and written by one who does not only master this branch of international law, but also the relevant legal, political and historical contexts.'- Marco Sassoli, University of Geneva, Switzerland Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences 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 innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions - which are at times challenging and controversial - in order to get to the very essence of the subject and give a fresh perspective. The result is an exposition both of the law as it stands, through its written and unwritten rules, and also of the uncertainties, gaps, controversies and practical problems which have arisen. IHL is revealed as a living tool, an ever-adapting means to an ever-remaining need of protection during times of armed conflict. Key features include: - Focus on key questions, exploring the whole system of law and its practical working - Covers the main principles, sources of law and implementation - Leads the reader to think through the topic - Concise and accessible, whilst taking a rigorous approach. Reflecting on current questions regarding the structure of the law, this concise and readable book offers a thought-provoking view of the system as a whole and its practical working. It covers the main principles, applicability issues and implementation of humanitarian law, as well as shedding light on the challenges ahead. This thoughtful introduction will provide unique insights for academics, advanced students, government officials and practitioners interested in the legal construction of international humanitarian law.

This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances "the law of humanity project". In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law - a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.

This astute and comprehensive book provides in-depth analysis of the space sector with an 'insurance as governance' approach. Chapters highlight and examine the key aspects of this important subject including space tourism, risk mitigation and insurance requirements. Considering the role of space insurers working across national boundaries, this book addresses the ability of insurers to fill an existing regulatory void and describes the actions they can take to improve their capability to execute that governance function. The author also gives a fresh and contemporary insight into topics such as the influences of international space law, international air law and US domestic space law. Insightful and discerning, Space Insurance and the Law is ideal for space insurance professionals and those with an interest in space entrepreneurship, international space law and the commercial space industry.

This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a discussion of human rights based responses to human trafficking; the intersection between business and human rights in Ireland and statements on women, peace and security.

Secession in International Law argues that the effective development of criteria on secession is a necessity in today?'s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states?' self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest. By comparing and contrasting various situations and cases of self-determination leading toward secession in different parts of the world, including the recent cases of Scotland, Crimea, and Catalonia, this book serves as an illuminating illustration of past and attempted secessions. Sterio approaches her novel framework with the goal of reconciling the international law norm of territorial integrity with the right to external self-determination, proposing specific and useable guidelines. This unique book will appeal not only to academic audiences, but to state actors, politicians, government members and policy makers as well.

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

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.

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.

This detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ?rules? and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system. Taking an integrated approach, the author combines the results of a Mapping Exercise of all 36 Protocols of accession with a legal analysis of the decisions by the WTO Dispute Settlement Body involving Protocols of Accession. In doing so, this book provides the first comprehensive analysis of the issue of Member-specific ?WTO-Plus? commitments in Protocols of Accession. Whilst addressing the institutional and historical aspects of the WTO accession process, it provides a vital update to the existing scholarship on WTO accession, offering coverage of all accessions including those of Afghanistan, Kazakhstan and Liberia. Accession to the World Trade Organization will be invaluable reading for academics interested in WTO accession practice, as well as lawyers, practitioners and government officials in the field of WTO accession.

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.

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Paez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. Zhang

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.

A Guide to State Succession in International Investment Law is the first work of its kind to provide a comprehensive analysis of State succession issues arising in the context of international investment law. The book examines the legal consequences in the field of investor-State arbitration arising from the disappearance or the creation of a State, or from a transfer of territory between States. Specifically, it analyses whether a successor State is bound by the investment treaties (bilateral and multilateral) and the State contracts which had been signed by the predecessor State before the event of succession. Key features include:? Much-needed examination of the practice of States in the context of succession to bilateral, multilateral treaties and State contracts? comprehensive and up-to-date analysis of international arbitration cases involving issues of State succession? practical guidance on the application of Rules of State succession in investment arbitration cases, including when succession occurs during arbitral proceedings ? assessment of the theoretical reasoning behind previously unexplored issues in State succession. Actors who are called upon to apply Rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance. Researchers in the field of international investment law will also find this to be a compelling text, with strong theoretical foundations.

Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development. Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.

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.

The editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice. Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality. The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law. Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy. Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.Zimmer

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.

The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations. Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson