The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

A major non-technical challenge of space activities is ensuring productive cooperation, communication, and understanding between the engineers who design the mission and the space lawyers who cover its relevant legal aspects. Though both groups usually attain some level of understanding, it is only achieved after many years of experience in the space industry and through repeated contact with topics relevant to their projects. A basic understanding of the most important legal and technical aspects acquired earlier in their careers can facilitate better cooperation and more efficient development of space projects. Promoting Productive Cooperation Between Space Lawyers and Engineers is a pivotal reference source that provides vital insights into basic legal and technical topics and challenges that occur while planning and conducting typical space activities. The book uses high-profile space missions as examples and highlights the major technical aspects of these missions and the legal issues applied to these missions. While highlighting topics such as planetary settlements, policy perspectives, and suborbital spaceflight, this publication is ideally designed for lawyers, engineers, academicians, students, and professionals.

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 thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us.

The crucial importance of biodiversity law to future human welfare is only now being fully appreciated. This wide-ranging handbook presents a range of perspectives from leading international experts reflecting up-to-date research thinking on the vital subject of biodiversity and its interaction with law.Through a rigorous examination of the principles, procedures and practices that characterise this area of law, this timely volume effectively highlights its objectives, implementation, achievements, and prospects. More specifically, the work addresses the regulatory challenges posed by the principal contemporary threats to biological diversity, the applicable general principles of international environmental law and the visions, values and voices that are shaping the development of the law. Presenting thematic rather than regime-based coverage, the editors demonstrate the state-of-the-art of current research and identify future research needs and directions. This comprehensive and authoritative handbook will be an indispensable resource for legal scholars, students and practitioners alike. Contributors include: K. Bastmeijer, M. Bowman, R. Caddell, E. Cloatre, P. Davies, M. Fitzmaurice, M. Fosci, D. French, E.J. Goodwin, K. Hulme, E.A. Kirk, V. Koester, N. Mohammed, R. Rayfuse, K.N. Scott, A. Trouwborst, T. West

Written by two leading scholars with 60 years of collective experience in the area, this insightful and updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key features include: a nuanced yet highly readable summary of the area placement of trade law into historical, political and economic contexts, including new analysis of populist critiques references to the most recent cases, decisions, treaty negotiation developments and economic and legal scholarship analysis of new areas including digital trade, migration and security exceptions to alert students to developments in international trade law links and connections between different areas of trade law to provide students with an integrated overview of the topic. Interdisciplinary in nature, this second edition will be an indispensable guide for students in law, economics, political science and international relations. Comprehensive and accessible, it will be essential reading for non-specialist scholars and policy advisors seeking to further their understanding of international trade law. 'This Advanced Introduction provides an excellent succinct yet accurate summary of the international trade rules applicable, inter alia, to trade in goods, services, intellectual property, and investment. It also explores international standards, social issues such as development, environment, labour, human rights, and it addresses the institutional framework and the future of the world trading system. As an experienced practitioner in this field, I highly recommend this book to government officials, business people, and students who will all get a clear interdisciplinary tour d'horizon in the field of international trade.' - Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTO

This book provides a detailed history of the global movement to ban anti-personnel landmines (APL), marking the first case of a successful worldwide civil society movement to end the use of an entire category of weapons. In March 1995, Belgium became the first state to pass a domestic anti-personnel landmine ban. In December 1997, 122 states joined Belgium in signing the comprehensive Mine Ban Treaty, also known as the Ottawa Treaty. The movement to ban landmines became a turning point in global politics that continues to influence policy and strategy decisions regarding weapon use today. Disarming States: The International Movement to Ban Landmines describes how non-government organizations (NGOs) brought the landmine issue to international attention by forming the International Campaign to Ban Landmines (ICBL). The author presents new information gleaned from interviews and intensive research conducted around the world. The critical role of mid-size states—such as Austria, Canada, and Switzerland—recruited to back the movement's goals is examined. The book concludes by examining how NGOs affect the international political agenda, especially in seeking legal prohibitions on weapons and changes in states' behaviors.

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals? use of the concepts of proportionality and reasonableness to review the compatibility of a state?s regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations. This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.

In a growing number of instances after the cold war, the United Nations and other international actors have sought to rebuild or establish new political institutions in states or territories recovering from violent conflict. From Afghanistan, Iraq, and the western Balkans to less prominent wars in Africa, Asia, the Caribbean, Central America, and the South Pacific, the international community's response involves extensive intrusions into the domestic affairs of sovereign states. Extending beyond the narrow mandates of traditional peacekeeping and humanitarian relief operations, these interventions aspire to reconstitute local power within a democratic framework. Democratic Peacebuilding examines the evolution of international peacebuilding during this tumultuous period, identifying the factors that limit the progress of international actors to institutionalize democratic authority and the rule of law in war-shattered societies.
Based on extensive field research, the book gives particular attention to Afghanistan's Bonn Agreement process (2001-2005) and Post-Bonn period (2006-2009), in which the country's multiple, competing forms of authority (e.g. religious leaders, tribal elders, militia commanders, and technocrats) challenged efforts to create "modern" forms of political authority rooted in democratic norms and the rule of law. Despite the significant risks involved, Democratic Peacebuilding argues that the institutionalization of democratic legal authority can create the conditions and framework necessary to mediate competing domestic interests and to address the root causes of a conflict peacefully. At the same time, one overlooked problem of international peacebuilding stems from the divergent conceptions, between international officials and the local population, of authority and its sources of legitimacy. By helping a conflict-affected society reconcile the inherent tensions between competing forms of authority and, over time, deepen democracy--rather than lower the metrics for progress and conditions for exit, international peacebuilders can contribute to improved conditions for governance and a reduction in intra-state political violence. This examination of the peacebuilding-democratization nexus in war-torn societies aims to generate new insights for scholars, policy-makers, and practitioners in both the study and practice of politics and international relations.

The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the "neutrality trap" snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.

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

International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law.

The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law.
This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.

This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced. Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider "next generation" and "smart regulation" strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide.

At last, the students, coaches and arbitrators who have dedicated so many hours to the Danubia Files will see the results of their labours. Six tribunals of renowned international arbitrators and educators have issued awards in the Vis Problems XIV to XIX. Each award considers the issues and sets out the decision of the tribunal in their own words and style. And at last, here is a reference text that deals with one of the most important - yet most neglected - stages in arbitration procedure: the drafting of the arbitration Award. The first lesson of this book is that there is no single "right" way to draft an award. Each tribunal has its own voice, its own character; there are many styles that can produce a good award. "A wonderful achievement and highly innovative and useful contribution that will be of great interest to all international arbitration lawyers, scholars and students." - Gary Born, Chair, International Arbitration Group, Wilmer Cutler Pickering Hale and Dorr LLP. "I wish I'd thought of it This book will immediately become a "must-have" for law firm international arbitration groups. The awards not only increase the already rich value of the Vis problem materials for advocacy training, they also are a much-needed resource for award drafting practice. Be sure to read the down-to-earth drafting guides by Louise Barrington and Pierre Karrer." - Lucy Reed, Global co-Head, International Arbitration, Freshfields. "You can measure the height of the Great Pyramid at Cheops without climbing it by multiplying the height of a pole by the ratio of the two shadows (500 BC). You can put little wheels on luggage (1970). Great ideas in retrospect seem obvious, and the Danubia files are another." - Jan Paulsson, President, International Council of Commercial Arbitrators (ICCA).

Francis Lyall and Paul B. Larsen have been involved in teaching and researching space law for over 50 years.

This new edition of their well-received text gathers together their knowledge and experience in readable form, and covers developments in all space applications, including space tourism, telecommunications, the ITU and finance.

With an extensive citation of the literature, the discussion provides an excellent source for both students and practitioners.

Introduction to Intellectual Asset Management examines various ways adopted by leading companies in managing their intellectual assets and intellectual properties in leveraging them for optimal returns. Using case laws and anecdotes, the book explains how intellectual properties have created wealth for its creators whether they are patents, trademarks, copyright or design by careful negotiations and contractual obligations. The book provides an insight to the processes involved in the legal and business aspects of recognizing intellectual assets, converting them to intellectual property protecting and using them to create a brand value foe the organisation and the decision makers for creating and strategising new goals and achieving the existing ones.

This ambitious Handbook covers the history, functioning and impact of cohesion policy, arguably the most tangible presence of the European Union in its twenty-eight member states. The contributions combine world-renowned scholars and country experts to discuss, in six parts, the policy's history and governing principles; the theoretical approaches from which it can be assessed; the inter-institutional and multi-level dynamics that it elicits; its practical implementation and impact on EU Member States; its interactions with other EU policies and strategies; and the cognitive maps and narratives with which it can be associated. This Handbook will be an invaluable resource to students and scholars of EU policies and politics and other related disciplines. In particular, they will benefit from the clarity with which the history and functioning of cohesion policy is laid out. Policy makers and other practitioners will also find this book of interest, due to its presentation of relevant debates. Contributors include: A. Agh, J. Aprans, R. Atkinson, J. Bachtler, J. Balsiger, J. Baudner, I. Begg, M. Brunazzo, R.L. Bubbico, A. Catalina Rubianes, D. Charles, N. Charron, R. Crescenzi, M. Dabrowski, A. Dahs, F. De Filippis, S. Ganzle, D. Hubner, A. Faina, A. Faludi, V. Fargion, U. Fratesi, P.R. Graziano, E. Gualini, E. Hepburn, C. Holguin, G. Karakatsanis, E. Kazamaki Ottersten, A. Kovacs, A. Lenschow, R. Leonardi, J. Lopez-Rodriguez, E. Massetti, P. McCann, C. Mendez, P. Montes-Solla, T. Muravska, T. Notermans, R.l Ortega-Argiles, I. Palne Kovacs, S. Piattoni, L. Polverari, S. Profeti, A.H. Schakel, J. Schoenlau, M.K. Sioliou, P. Stephenson, I. Toemmel, M. Weber, K. Zimmermann

Maritime piracy's improbable re-emergence following the end of the Cold War was surprising as the image of pirates evokes masted galleons and cutlasses. Yet, the number of incidents and their intensity skyrocketed in the 1990s and 2000s off of the coasts of Indonesia, Malaysia, the Philippines, India, Bangladesh, Nigeria, and Somalia. As Ursula Daxecker and Brandon Prins demonstrate in Pirate Lands, Maritime piracy-like civil war, terrorism, and organized crime-is a problem of weak states. Surprisingly, though, pirates do not operate in the least governed areas of weak states. Daxecker and Prins address this puzzle by explaining why some coastal communities experience more pirate attacks in their vicinity than others. They find that pirates do well in places where elites and law enforcement can be bribed, but they also need access to functioning roads, ports, and markets. Using statistical analyses of cross-national and sub-national data on pirate attacks in Indonesia, Nigeria, and Somalia, Daxecker and Prins detail how governance at the state and local level explain the location of maritime piracy. Additionally, they employ geo-spatial tools to rigorously measure how local political capacity and infrastructure affect maritime piracy. Drawing upon interviews with former pirates, community members, and maritime security experts, Pirate Lands offers the first comprehensive, social-scientific account of a phenomenon whose re-appearance after centuries of remission took almost everyone by surprise.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia in order to identify its defining features and to assess the challenges it poses to established concepts of constitutionalism. This book offers an integrated analysis of the constitutional experience of Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and United States experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. Whether these concepts can be applied successfully to the often grim political and social realities of their countries will provide invaluable insights into whether such a fusion can be sustained, and may even pave the way for a new era of constitutionalism in Islamic countries.

This superb introduction to NATO is written for the national security novice, yet is full of insights for the more seasoned hand interested in how and why NATO reached its current state. In the more than half-century since NATO was founded, there has been endless debate about its purpose, about whether it is meeting that purpose, and about the strategies it employs to that end. Speculation has also been rife about the organization's "imminent demise." Those questions and more are the subject of NATO: A Guide to the Issues. Covering the organization from its founding in 1949 through the present, the guide examines aspects of NATO that have undergone tremendous change over the years, including its purpose, military mission, geographic concept of operations, and membership. At the same time, it explores key aspects of NATO's organization that have remained constant. These include the ability of members to participate in operations as much or as little as they desire, decision-making by consensus, and a general belief that people from different countries working together on a daily basis promotes cooperation, understanding, and friendship. Illustrations Maps A chronology

The purpose of this text is to evaluate the extent to which international judicial institutions-principally the four most prominent tribunals, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court- have proven effective in advancing human security. It examines the processes of international justice, the judicial outcomes of these institutions, and the more long-range impact of their work on human rights and peace to assess their consequences in the affected nations as well as the international community.

The present work examines the economics and legal doctrine of private equity. After a consideration of private equity's origins, the book will explore the evolution of private equity in the United States and Europe. The reference economic model then will be reconstructed, with particular attention to financial flows to and from private equity firms and funds. This reconstruction will be instrumental for the subsequent analysis of remunerative policies and practices of private equity firms and the illustration of recommendations to improve them, especially following the subprime mortgage crisis of 2008. The book concludes with critical points for operators, legislators, and regulatory authorities in the light of the results of the economic analysis of private equity and of comparative regulatory analysis.