The permanent five (P5) members of the United Nations Security Council ? China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or on-going genocide. John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both within and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN). Topical and insightful, A Duty to Prevent Genocide will be an important read for both academics and students of international law and politics who wish to further understand the legal nature of the duty of the P5 members to prevent genocide. It will also provide valuable insights for policymakers of the P5 member states.

This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter's monitoring body, the European Committee of Social Rights (ECSR). Key features include: discussion of the application of social rights in practice examination of the implementation of the RESC in national law a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination. Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists.

This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties. Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states. Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.

'Whereas the existing literature generally studies small-scale commons, this challenging book boldly - and successfully - engages in extrapolating this cooperation-based governance model to global resources. From democratic perspectives to institutional construction, its many contributions, written by prominent scholars in the field of commons or international law, critically introduce and renew the radical notion of commons and collective action by citizens, as vehicles for democratization, in global governance and international public law.' - Severine Dusollier, Sciences Po Law School, France 'Can we devise new systems of law and governance to support commons at the global level? This thoughtful collection of essays explores how we might address this vital challenge for humanity in the years ahead.' - David Bollier, Schumacher Center for a New Economics, US Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates. Featuring original contributions from renowned scholars across the globe and analysis of Elinor Ostrom's fundamental work, this interdisciplinary book is organized into three main areas of inquiry: the commons as vehicles for the democratization of global governance, the role played by commons-based institutions in global governance and a more normative interrogation around what international law ought to look like to support the commons. Provocative and critical ideas about the current system of global governance act as a stimulus to explore further research and activism in the commons. The first of its kind to offer a specific focus on the commons and global governance, this much-needed book will prove invaluable for academics in the humanities and social sciences including economists, political philosophers, political scientists and legal scholars. It will also appeal to policy-makers, concerned members of civil society and commons activists. Contributors include: M. Bauwens, M. Beerkens, C. Boonen, N. Brando, J. Brunnee, S. Cogolati, C. Crombez, P. Dardot, T. De Moor, H. De Schutter, O. De Schutter, M. Deleixhe, T.R. Eimer, M. Groff, R. Hagen, S. Karlsson-Vinkhuyzen, U. Mattei, P. Sauvetre, J. Wouters

This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues. Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis. Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.

Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, KC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions. The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.

This insightful book analyses the process of the first adoption of guiding human rights principles for education, the Abidjan Principles. It explains the development of the Abidjan Principles, including their articulation of the right to education, the state obligation to provide quality public education, and the role of private actors in education. Multidisciplinary in approach, both legal and education scholars address key issues on the right to education, including parental rights in education, the impact of school choice, and evidence about inequities arising from private involvement in education at the global level. Focusing on East African and francophone countries, as well as the global level, chapters explore the role and impact of private actors and privatization in education. The book concludes by calling for the rights outlined in the Abidjan Principles not to remain locked in text, but for states to take responsibility and be held to account for delivering them, as promised in international human rights treaties. Interpreting human rights law as requiring that states provide a quality public education, this book will be a valuable resource for academics and students of education policy, human rights, and education law. It will also be beneficial for policy makers, practitioners, and advocacy groups working on the right to education.

Utilizing the ethos of human rights, this insightful book captures the development of the moral imagination of these rights through history, culture, politics, and society. Moving beyond the focus on legal protections, it draws attention to the foundation and understanding of rights from theoretical, philosophical, political, psychological, and spiritual perspectives. The book surveys the changing ethos of human rights in the modern world and traces its recent histories and process of change, delineating the ethical, moral, and intellectual shifts in the field. Chapters incorporate and contribute to the debates around the ethics of care, considering some of the more challenging philosophical and practical questions. It highlights how human rights thinkers have sought to translate the ideals that are embodied in the Universal Declaration of Human Rights into action and practice. Interdisciplinary in nature, this book will be critical reading for scholars and students of human rights, international relations, and philosophy. Its focus on potential answers, approaches, and practices to further the cause of human rights will also be useful for activists, NGOs, and policy makers in these fields.

This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.   Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.   Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.

The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation. Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. Walker

All too often, international environmental law is presented as a kind of guided tour of different treaties and environmental problems. Professor Hey succeeds beautifully in articulating the themes that connect all of these disparate areas, an effort that both students and scholars will appreciate.' - Daniel Farber, University of California, Berkeley, US'This volume presents a superb overview of international environmental law by a long-time observer. Ellen Hey shares her deep insight into the historical, environmental, technical and policy context of the law, and introduces the reader to regulatory techniques and choices, the main legal tools at actors' disposal, and the key developments in the field. The result is an accessible, yet sophisticated introduction to the evolution of the field, and its expanding modes of action and range of participants.' - Jutta Brunee, University of Toronto, Canada 'This is a significant contribution from a leading figure in the field. Of particular note is the effort to embed international environmental law in its broader context, not only through the detailed analysis of its foundational principles or of its deep interactions with other fields of international law but, more generally, through the overarching theme of the Anthropocene. It is to be thoroughly recommended.' - Jorge E. Vinuales, University of Cambridge, UK 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. This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law. Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic. Key features include: - Concise and compact overview - Discusses contemporary developments - Examines IEL's relationship to other areas of international law - Considers the social-economic context.

Addressing the issues surrounding the uniformity of transport law, Olena Bokareva provides an insight into both its theoretical foundations and the convention regimes that govern different modes of transport. Timely and engaging, this book considers a multitude of potential solutions at both international and EU levels. Uniformity of Transport Law through International Regimes concerns transport conventions and other instruments dealing mainly with carriage of goods by sea and multimodal transport as well as examining the Rotterdam Rules as one of the solutions towards uniformity in carriage of goods law. The discussion on international uniformity in transport law is complemented by an examination of regional harmonization in the context of EU law-making and jurisprudence in the field of international transport. The comparison between international and regional regimes reveals the complexities in application and interpretation of the certain transport conventions, which is detrimental to achieving uniformity. Providing a close examination of international and EU rules, other soft law instruments and case law, this comprehensive book will be a key resource for maritime and transport lawyers, law students and policymakers alike.

This two-volume set contains a representative selection of leading articles by outstanding scholars, practitioners, and policymakers in the field of international environmental law (IEL). Professor Anton has organized the contributions along three major lines: firstly, the papers explore the challenge of transnational environmental problems and the nature of IEL, including fundamental principles and concepts, actors, and compliance and enforcement. Secondly, the development and application of IEL in the context of specific regimes is explored, including atmosphere, oceans, and hazardous substances. Finally, the volumes examine how IEL interacts with other international legal regimes, including international trade and human rights. All the contributions reflect a broad diversity of views and cover the most important key areas currently debated in IEL. Alongside an original introduction by the editor, this collection is a valuable tool for scholars, researchers, practitioners, and students with an interest in international environmental law.

This book demystifies the dynamics of cross-border mergers and acquisitions; from the preliminary agreements and due diligence, to valuation, structuring, financing, and the eventual closing of the deal. It examines merger incentives and efficiencies, in theory and in empirical findings. The author adeptly identifies the impediments facing cross-border mergers and acquisitions and focuses on pre-merger control laws and regulations, particularly those of the US, EU, and Middle East. Consideration is also given to merger deregulation and other key reforming proposals. The book will be a useful resource for students and scholars with an interest in mergers and acquisitions, antitrust laws, and corporate history. Legal Professionals and those in related fields will gain a practical understanding of how to tailor their deals to overcome the unique impediments associated with cross-border transactions. Policy makers will also find the information and assessment criteria developed in the book to be a useful tool for evaluating and designing policy.

This timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues. Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US. This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.

Against the backdrop of the recent trend towards mega-regional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation. With contributions from leading scholars in the field, this book presents a collaborative effort to map out the new dynamics shaped by scientific and technological advances and corresponding regulatory approaches. Starting with the trend of regulatory cooperation, the book focuses on prominent fields in international trade, information technology, energy, and public health. The final section reflects upon the position of intellectual property rights, a key concern in cross-border trade. This work is the first of its kind to give a timely review and assessment of the most critical challenges facing policymakers and academics in the newest wave of transformation in global trade governance. The book will appeal to academics who are researching in international economic law, technology law and policy, and political science. Practitioners and policy makers who are active in the field of international trade will also find great value in this work. Contributors include: W.-M. Choi, S.-J. Feng, M.-Z. Gao, B. Hazucha, C.-F. Lin, H.-W. Liu, C.-F. Lo, P. Mavroidis, B. Mercurio, Y. Naiki, S.-Y. Peng, S. Shadikhodjaev, R.H. Weber, M. Wu, P. Yu

In an era where services play an increasingly vital role in servicified global value chains, this insightful book provides a comprehensive study of legal aspects of rules of origin for services and their importance in international trade. The author identifies and examines the defects in the current approach to rules of origin for services through an astute analysis of these rules in the General Agreement on Trade in Services and in preferential trade agreements. In addition, by asserting that trade in goods and trade in services cannot be separated, the author provides a comparative analysis of rules of origin in these two fields, offering a better understanding of their boundaries and connections. Paving the way for further development, the author concludes that certain aspects of rules of origin for goods, such as the product-based approach, may be repurposed for services. Addressing an area of rule making insufficiently explored to date, this book will prove important reading for students and scholars of international trade, economics, and governance. The focus on new patterns of international trade will also benefit trade experts, policy makers and businesses.

This authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama's ideals that the agreement would be progressive and comprehensive and the substance of the trade deal. Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade. This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.

At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a "democratic entitlement" was then emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of a democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. This research review identifies the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent "democratic recession" in many regions of the world.

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). It then discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment. It also discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties.

Guardian's Best Paperback of the Month ONE OF THE GUARDIAN'S and FINANCIAL TIMES' BOOKS OF 2020 'In intimate, often tender prose, Gevisser brings to life the complex movement for queer civil rights and the many people on whom it bears.' Colm Toibin, Guardian 'Powerful... meticulously researched' Andrew McMillan, Observer Book of the Week Six years in the making, The Pink Line follows protagonists from nine countries all over the globe to tell the story of how LGBTQ+ Rights became one of the world's new human rights frontiers in the second decade of the twenty-first century. From refugees in South Africa to activists in Egypt, transgender women in Russia and transitioning teens in the American Mid-West, The Pink Line folds intimate and deeply affecting stories of individuals, families and communities into a definitive account of how the world has changed, so dramatically, in just a decade. And in doing so he reveals a troubling new equation that has come in to play: while same-sex marriage and gender transition are now celebrated in some parts of the world, laws to criminalise homosexuality and gender non-conformity have been strengthened in others. In a work of great scope and wonderful storytelling, this is the groundbreaking, definitive account of how issues of sexuality and gender identity divide and unite the world today.

Addressing one of the most pressing environmental issues, this topical book carefully inspects the current extent of the plastic pollution crisis and observes contemporary approaches to its regulation. By adopting a strong interdisciplinary approach, the book fully encapsulates the key challenges and solutions surrounding this globally applicable problem. Through critical analysis, this insightful book methodically identifies the faults in existing efforts to tackle the problem of plastic pollution such as often-fragmented regulation tactics, proposing potential approaches to policy reform. It utilises stakeholder analysis to offer a study of key participants such as governments and industries and comprehensively surveys the ongoing nature of this provocative issue. This comprehensive book will be crucial for students and scholars of law, economics, politics, and environmental studies endeavouring to further understand the multi dimensional issue of global plastic pollution. It will additionally be valuable for policy and decision-makers seeking to understand the challenges involved in environmental policy regulation.

'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.' - Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations. With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law. With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.

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

This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a new understanding of the positive obligations inherent in the right to health. Combining human rights law, public health and social theory, Eduardo Arenas Catalan demonstrates that when interpreted in line with the principle of solidarity, the right to health should be viewed as a non-commercial right. Arenas Catalan argues that the right to health's functions are to challenge the commodification of healthcare and to advance free-of-charge public healthcare services. Moreover, through a critical analysis of classical jurisprudence concerning the right to health, the book delivers a searing indictment of the effects of neoliberal capitalism and commercialization on human rights. This thought-provoking book will be of interest to scholars and students of law, in particular international human rights law, public international law and legal theory, as well as social and public health researchers and students. Policy makers and legal practitioners will also find its original analysis of solidarity in the context of human rights and the law useful.