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Books > Law > International law > Public international law

Research Handbook on International Human Rights Law (Paperback): Sarah Joseph, Adam McBeth Research Handbook on International Human Rights Law (Paperback)
Sarah Joseph, Adam McBeth
R1,881 Discovery Miles 18 810 Ships in 12 - 17 working days

This innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples. Providing an excellent grounding for scholars seeking to understand the major topics within the discipline, this topical book is accessible to the novice human rights scholar, yet of great interest to the most seasoned human rights researcher. It will strongly appeal to law academics as well as students and practitioners of human rights.

Shipping Law (Hardcover, 8th edition): Simon Baughen Shipping Law (Hardcover, 8th edition)
Simon Baughen
R4,011 Discovery Miles 40 110 Ships in 9 - 15 working days

Comprehensive coverage of Shipping Law, covering both wet and dry shipping and taking a commercial and practical perspective on the issues covered. The book's wide-ranging overview of the subject allows students to use it on a variety of LLM-level courses such as Maritime and Shipping Law, Admiralty Law, Law of the Sea, Carriage of Good by Sea and International Trade Law. Clear and student-friendly content. Students new to Shipping Law, from non-English speaking jurisdictions and from non-law backgrounds will find the accessible narrative particularly helpful.

The Law and Practice of Fine Art, Jewellery and Specie Insurance (Paperback): David Scully The Law and Practice of Fine Art, Jewellery and Specie Insurance (Paperback)
David Scully
R2,500 Discovery Miles 25 000 Ships in 12 - 17 working days

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

Trade Liberalization (Hardcover): Romain Wacziarg Trade Liberalization (Hardcover)
Romain Wacziarg
R18,944 Discovery Miles 189 440 Ships in 12 - 17 working days

This compelling research review discusses the major literary contributions to the economic analysis of the consequences of trade liberalization on growth, productivity, labor market outcomes and economic inequality. Examining the classical theories that stress gains from trade stemming from comparative advantage, the review also analyses more recent theories of imperfect competition, where any potential gains from trade can stem from competitive effects or the international transmission of knowledge. Empirical contributions provide evidence regarding the explanatory power of these various theories, including work on the effects of trade openness on economic growth, wages, and income inequality, as well as evidence on the effects of trade on firm productivity, entry and exit. This review will be an invaluable research resource for academics, practitioners and those drawn to this fascinating topic.

The Elgar Companion to the International Court of Justice (Hardcover): Robert Kolb The Elgar Companion to the International Court of Justice (Hardcover)
Robert Kolb
R5,610 Discovery Miles 56 100 Ships in 12 - 17 working days

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court.The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavor to the institution through the portraits of some of the great figures that have served as its judges. Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations. Contents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court - Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) Index

Global Governance (Hardcover): Axel Marx, Jan Wouters Global Governance (Hardcover)
Axel Marx, Jan Wouters
R18,189 Discovery Miles 181 890 Ships in 12 - 17 working days

Global governance emerged as a concept more than two decades ago. Despite its relevance to key processes underlying the major public policy questions of our age, the contours of 'global governance' remain contested and elusive. This Research Review seeks to clarify key trends and challenges in global governance by bringing together the leading scholarship on its different forms. The Research Review discusses key issues in relation to global governance institutions: democracy, legitimacy, accountability, fragmentation, effectiveness and dispute settlement.

The Political Economy of International Law - A European Perspective (Hardcover): Alberta Fabbricotti The Political Economy of International Law - A European Perspective (Hardcover)
Alberta Fabbricotti
R4,600 Discovery Miles 46 000 Ships in 12 - 17 working days

Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law. The contributors reflect the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each. Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy-makers. Contributors include: E. Benvenisti, L. Boisson De Chazournes, B. Delcourt, A. Fabbricotti, A. Gianelli, E. Kica, U. Kohut, C. Leb, T.A. Lehmann, M.K. Lewis, P. Merkouris, A. Nollkaemper, M. Panizzon, N. Petersen, P.B. Stephan, J.P. Trachtman, A. Van Aaken, D. Vitiello, A. Von Staden, R.A. Wessel, J. Wouters

Trade Secrecy and International Transactions - Law and Practice (Hardcover): Elizabeth Rowe, Sharon K. Sandeen Trade Secrecy and International Transactions - Law and Practice (Hardcover)
Elizabeth Rowe, Sharon K. Sandeen
R4,566 Discovery Miles 45 660 Ships in 12 - 17 working days

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

Global Governance through Trade - EU Policies and Approaches (Hardcover): Jan Wouters, Axel Marx, Dylan Geraets, Bregt Natens Global Governance through Trade - EU Policies and Approaches (Hardcover)
Jan Wouters, Axel Marx, Dylan Geraets, Bregt Natens
R3,957 Discovery Miles 39 570 Ships in 12 - 17 working days

Wielded by major economic powers, linkages between trade and such issues as environmental protection and human rights have become a widely used and controversial policy instrument. This volume provides a comprehensive and authoritative analysis, across issue-areas, of the European Union's deployment of trade to advance its normative goals.' - Miles Kahler, Council on Foreign Relations'The EU treaties call for the EU to promote its core values internationally. Trade is one instrument to do so: linking preferential access to the large EU market to convergence towards EU or internationally agreed norms. The volume offers an insightful discussion of the scope for, and the effectiveness of, EU trade linkage strategies to influence the labour, environmental and human rights-related policies of selected trade partners. It advances the state of our knowledge on a controversial and important subject.' - Bernard Hoekman, EUI and CEPR, Italy A 'new generation' of EU trade policies aims to advance public goods such as promoting sustainable development, protecting human rights and enhancing governance in third states. The pursuit of these objectives raises important questions regarding coherence, effectiveness, legitimacy and extraterritoriality. In Global Governance through Trade leading scholars from different disciplines address these topical questions. The book contains a comprehensive analysis of the concept of governing through trade and investigates how the EU 'exports' regulation through conditional market access regulation, bilateral trade agreements and unilateral trade policy. Several case studies complement the general analysis and provide an in-depth assessment of the European Union's new trade policies. This multidisciplinary book will be an enlightening read for a wide-ranging audience encompassing academics, policymakers, policy analysts and students of, amongst others, trade law and policy, global governance, sustainable development, human rights and labor standards. Contributors: L. Bartels, L. Beke, N.A.J. Croquet, C. Damro, D. Geraets, N. Hachez, M. Koekkoek, J. Larik, R. Leal-Arcas, A. Marx, P.C. Mavroidis, B. Natens, C. Ryngaert, J. Soares, G. van Calster, C.M. Wilmarth, J. Wouters, J. Yap

Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws (Paperback): Mike Koehler Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws (Paperback)
Mike Koehler
R2,090 Discovery Miles 20 900 Ships in 12 - 17 working days

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.

Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover): Gilles Cuniberti Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover)
Gilles Cuniberti
R2,967 Discovery Miles 29 670 Ships in 12 - 17 working days

This innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.

Autism and Criminal Justice - The Experience of Suspects, Defendants and Offenders in England and Wales (Hardcover): Tom Smith Autism and Criminal Justice - The Experience of Suspects, Defendants and Offenders in England and Wales (Hardcover)
Tom Smith
R1,514 Discovery Miles 15 140 Ships in 9 - 15 working days

This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.

Finding Solutions for Environmental Conflicts - Power and Negotiation (Hardcover): Edward Christie Finding Solutions for Environmental Conflicts - Power and Negotiation (Hardcover)
Edward Christie
R3,807 Discovery Miles 38 070 Ships in 12 - 17 working days

Environmental conflicts over sustainability, environmental impact assessment (EIA), biodiversity, biotechnology and risk, chemicals and public health, are not necessarily legalistic problems but land use problems. Edward Christie shows how solutions for these conflicts can be found via consensual agreement using an approach that integrates law, science and alternative dispute resolution (ADR) and reframes the role of law and science. This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts for environmental management and protection. By doing so it provides a cross-disciplinary approach to collaborative problem-solving and decision-making, using ADR processes to resolve environmental conflicts, and will be valuable to environmental professionals. The book also promotes the use of Indigenous traditional knowledge for resolving conflicts over sustainability, biodiversity and the EIA process. The book has been written to meet the requirements of any environmental professional - lawyer, scientist, engineer, planner - who directly, or indirectly, may be involved in development or planning conflicts when the environment is an issue. For the lawyer, this book, with its focus on understanding and integrating unifying legal principles and scientific concepts, consolidates opportunities for assessing and resolving environmental conflicts by negotiation. For the environmental professional, the book provides opportunities for managing environmental conflicts. In addition, opportunities are identified for resolving environmental conflicts by negotiation, but in quite specific situations i.e. when the interpretation and application of questions of law are not in issue and only factual (scientific) issues are in dispute. It will of course be of great interest to academics and researchers of environmental studies and environmental law. It will also appeal to the Indigenous community, environmental groups and local communities who are seeking more direct and effective inputs into finding sustainable solutions for environmental conflicts.

International Law and Diplomacy (Hardcover): Charles Chatterjee International Law and Diplomacy (Hardcover)
Charles Chatterjee
R5,458 Discovery Miles 54 580 Ships in 12 - 17 working days

In this work the author explores the subjects of sovereignty, diplomacy and the function of diplomats, diplomatic missions, protocol, ethics in diplomacy, the role of Ministries of Foreign Affairs, intergovernmental conferences and the United Nations.

It:

  • includes a useful glossary of over sixty essential terms (such as Calvo Doctrine, Extradition, Rapporteur and Uti Possidetis Juris)
  • clearly relates the conduct of diplomacy to the principles of international law.

This volume will appeal to graduate and undergraduate students studying diplomacy, public administration and international relations courses as well as practising diplomats, international organization and foreign ministry officials and those who have regular dealings with them.

The ASEAN Comprehensive Investment Agreement - The Regionalisation of Laws and Policy on Foreign Investment (Hardcover): Julien... The ASEAN Comprehensive Investment Agreement - The Regionalisation of Laws and Policy on Foreign Investment (Hardcover)
Julien Chaisse, Sufian Jusoh
R3,146 Discovery Miles 31 460 Ships in 12 - 17 working days

'In The ASEAN Comprehensive Investment Agreement: The Regionalization of Laws and Policy on Foreign Investment, Julien Chaisse and Sufian Jusoh provide analysis --unmatched in scope and detail -- of ACIA's role in supporting the development of the ASEAN Economic Community. This contribution will serve as an invaluable resource for policymakers, business leaders, lawyers, and scholars interested in the development of investment law and policy in Asia.' - Mark Feldman, Peking University, China 'Julien Chaisse and Sufian Jusoh take up the formidable challenge of unpacking the ingredients of the Asian ''noodle bowl'', delivering a comprehensive book that synthesizes the convoluted investment legal standards pertaining to the ASEAN into an intelligible discourse. Throughout, they offer insight into the design and purpose of this model of economic integration, as well as its impact on the rights of investors from states neighbouring the ASEAN region. This volume serves as a reliable and practical guidebook that will edify any reader interested in the subject matter.' - Kyle Dickson-Smith, FCIArb., Canada/Australia The international law of foreign investment is one of the fastest growing areas of international economic law and policy which increasingly rely on large membership investment treaties such as the ASEAN Comprehensive Investment Agreement (ACIA). This book comprehensively examines the role of this specific international treaty on investment and situates it in the wider global trend towards the regionalisation of laws and policy on foreign investment. Considering the state of the ASEAN Economic Community in 2015 and its transformation until 2025, Julien Chaisse and Sufian Jusoh illustrate the pivotal role ACIA has to play in future international investment law negotiations and the benefits to ASEAN and third country investors and their investments. Collective commitment to a common standard contributes to depoliticize any potential conflict between individual investors and host states making the agreement particularly crucial to discussions involving ASEAN member states and between ASEAN and Dialogue Partners as well as to investment decisions including investment liberalization and investment facilitation. Offering the first detailed analysis of ACIA and its applications, this book will prove essential reading for legal practitioners in the field of international investment law as well as researchers and students studying the ASEAN Economic Community and its contemporary moulding.

Can Human Rights and National Sovereignty Coexist? (Hardcover): Tetsu Sakurai, Mauro Zamboni Can Human Rights and National Sovereignty Coexist? (Hardcover)
Tetsu Sakurai, Mauro Zamboni
R3,995 Discovery Miles 39 950 Ships in 9 - 15 working days

Looking at two of the key paradigms of the post-Cold War era–national sovereignty, and human rights – this book examines the possibilities for their reconciliation from a global perspective. The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements, and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integration into host societies. On the other hand, there are growing calls for a tougher stance on immigration, and powerful populist politicians and governments have emerged in many developed countries. How can the idea of universal human rights survive exclusionist nationalism that uses a populist, unscrupulous approach to its advantage? The contributors to this book explore the meaning of, and possible solutions to, this dilemma using a wide range of approaches and seek appropriate ways of dealing with these normative predicaments shared by many developed societies. Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource.

Between Flexibility and Disintegration - The Trajectory of Differentiation in EU Law (Hardcover): Bruno de Witte, Andrea Ott,... Between Flexibility and Disintegration - The Trajectory of Differentiation in EU Law (Hardcover)
Bruno de Witte, Andrea Ott, Ellen Vos
R4,285 Discovery Miles 42 850 Ships in 12 - 17 working days

Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities. Written by emerging and established experts in the field, the chapters examine the present and future of differentiation in EU law. Part I covers general institutional aspects, with contributors examining the nature and characteristics of the various institutional and extra-institutional forms of differentiation. Part II takes a policy-oriented perspective, focussing on areas of EU law and policy in which differentiated integration is prevalent or particularly intriguing. This includes Economic and Monetary Union, the internal market, justice and home affairs, and foreign policy. Differentiated integration is now a defining feature of the EU polity, with the potential to impact almost every facet of EU regulation. This book will be essential reading for students and academics in EU law or anyone interested in the future of EU integration. Contributors include: V. Borger, M. Dawson, M. de Visser, B. De Witte, W. Devroe, A. Durana, N. El-Enany, C. Fasone, E. Ferran, E. Herlin-Karnell, C. Herrmann, S. Kingston, P. Koutrakos, A. Ott, S. Peers, D. Thym, P. Van Cleynenbreugel, S. Van den Bogaert, A.P. van der Mei, E. Vos, M. Weimer

Spinoza, Ecology and International Law - Radical Naturalism in the Face of the Anthropocene (Hardcover): Moa De Lucia Dahlbeck Spinoza, Ecology and International Law - Radical Naturalism in the Face of the Anthropocene (Hardcover)
Moa De Lucia Dahlbeck
R3,905 Discovery Miles 39 050 Ships in 12 - 17 working days

This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report series Harmony with Nature - come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza's ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza's philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza's naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.

Gender, Conflict and International Humanitarian Law - A critique of the 'principle of distinction' (Hardcover): Orly... Gender, Conflict and International Humanitarian Law - A critique of the 'principle of distinction' (Hardcover)
Orly Maya Stern
R3,918 Discovery Miles 39 180 Ships in 12 - 17 working days

This book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.

The Space Law Stalemate - Legal Mechanisms for Developing New Norms (Paperback): Anja Pecujlic The Space Law Stalemate - Legal Mechanisms for Developing New Norms (Paperback)
Anja Pecujlic
R1,183 Discovery Miles 11 830 Ships in 9 - 15 working days

The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development and uncertain eco-sustainability. Therefore, the prolonged legal stalemate cannot be treated simply as an academic question for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global common, thus it is essential that the ability of the norm-creation mechanism of UN COPUOS is equipped to address the ongoing changes and provide for adequate global governance. This book conducts an evaluation of the current legal state and sheds light on potential future prospects, offering an overview of the political context within which it developed, providing an assessment of the selected successful examples in international law, analysing lessons learned and makes recommendations for how the UN COPUOS legal apparatus should be modified in order to ensure that future space activities are possible beyond anarchy, greed, ecological irresponsibility, and to ensure that the principle of the peaceful uses of outer space remains the governing norm.

Persecution, International Refugee Law and Refugees - A Feminist Approach (Paperback): Mathilde Crepin Persecution, International Refugee Law and Refugees - A Feminist Approach (Paperback)
Mathilde Crepin
R1,232 Discovery Miles 12 320 Ships in 9 - 15 working days

This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.

She Took Justice - The Black Woman, Law, and Power - 1619 to 1969 (Paperback): Gloria J. Browne-Marshall She Took Justice - The Black Woman, Law, and Power - 1619 to 1969 (Paperback)
Gloria J. Browne-Marshall
R594 R497 Discovery Miles 4 970 Save R97 (16%) Ships in 10 - 15 working days

She Took Justice: The Black Woman, Law, and Power - 1619 to 1969 proves that The Black Woman liberated herself. Readers go on a journey from the invasion of Africa into the Colonial period and the Civil Rights Movement. The Black Woman reveals power, from Queen Nzingha to Shirley Chisholm. In She Took Justice, we see centuries of courage in the face of racial prejudice and gender oppression. We gain insight into American history through The Black Woman's fight against race laws, especially criminal injustice. She became an organizer, leader, activist, lawyer, and judge - a fighter in her own advancement. These engaging true stories show that, for most of American history, the law was an enemy to The Black Woman. Using perseverance, tenacity, intelligence, and faith, she turned the law into a weapon to combat discrimination, a prestigious occupation, and a platform from which she could lift others as she rose. This is a book for every reader.

The International Law of State Responsibility - An Introduction (Hardcover): Robert Kolb The International Law of State Responsibility - An Introduction (Hardcover)
Robert Kolb
R3,147 Discovery Miles 31 470 Ships in 12 - 17 working days

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students.

Research Handbook on Human Rights and Poverty (Paperback): Martha F. Davis, Morten Kjaerum, Amanda Lyons Research Handbook on Human Rights and Poverty (Paperback)
Martha F. Davis, Morten Kjaerum, Amanda Lyons
R1,549 R1,425 Discovery Miles 14 250 Save R124 (8%) Ships in 9 - 15 working days

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights. Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies. The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.

Environmental Border Tax Adjustments and International Trade Law - Fostering Environmental Protection (Hardcover): Alice Pirlot Environmental Border Tax Adjustments and International Trade Law - Fostering Environmental Protection (Hardcover)
Alice Pirlot
R3,482 Discovery Miles 34 820 Ships in 12 - 17 working days

This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change. The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument. This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.

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