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Books > Law > International law > Public international law
This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts: Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field. Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
This sixth volume of the book series on Nuclear Non-Proliferation in International Law focuses on current legal challenges regarding nuclear disarmament and security. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Chair of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law and President and CEO of ISLAND - The Foundation for International Society of Law and Nuclear Disarmament. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.
Allen examines the maritime counterproliferation activities of nations participating in the Proliferation Security Initiative, as set out in their Statement of Interdiction Principles. He explains the framework for conducting maritime interception activities, examines the importance of intelligence to PSI operations, and assesses the legal issues raised by those operations. The threat of WMD use by terrorist groups and rogue regimes has added new urgency to global security discussions. Responses to the dangers posed by WMD include the nonproliferation regime, safeguards for WMD materials while in transit, export controls, treaties on terrorism, Security Council resolutions, and the new Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. The existing nonproliferation regime will never, by itself, provide an adequate level of security. As a result, risk management strategies must include layered counterproliferation activities and consequence management. Counterproliferation measures may include maritime interdictions. The Proliferation Security Initiative, a cooperative undertaking launched in 2003, provides a framework for those interdictions. The framework was formalized in the Statement of Interdiction Principles. After providing an overview of the threats posed by WMD proliferation, this book surveys the nonproliferation regime and counterproliferation measures states have adopted to supplement it. It next provides an overview of maritime interception operations and the intelligence issues surrounding them, before turning to the laws governing such operations. It then examines each of the actions described in the PSI Statement of Interdiction Principles to assess their compliance with applicable laws. Finally, it looks at the laws that establish the responsibility of states for taking unwarranted counterproliferation actions against vessels.
This book provides an in-depth assessment of the modern geopolitics of hydrocarbon resources in the territorial waters of the Eastern Mediterranean, highlighting the current conflicts and disputes in the maritime territories of Egypt, Israel, Lebanon, Cyprus, and Turkey. Further, these geopolitical aspects are analyzed within the broader context of the tensions between and competing interests of big powers such as the USA, Russia, and the European Union. To what extent can major powers influence regional actors and guide them toward rational outcomes? To what extent can economic self-interest contain nationalistic impulses? What are the most practical and sustainable ways of promoting win-win scenarios? This book focuses on such questions and presents a number of clear policy guidelines to help the conflict-laden Eastern Mediterranean region gain a more peaceful and sustainable footing for the greater benefit of the peoples living there.
This timely research review discusses key articles dealing with the importance of territory for international law in its relationship with power, state building and globalization. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times until today, the emergence of new areas for the territorial expansion of states and border delimitation rules. Finally, the review investigates the impact of the human dimension in the way international law addresses territorial issues, particularly the individual and collective human rights, including indigenous peoples and the right to self-determination.
This book examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. Going beyond the existing literature, it asks whether the treatment of public services in EU trade and investment agreements is coherent with the special status of public services in "internal" EU law, specifically internal market law, while also challenging the notion that trade and investment agreements automatically pose serious threats to public services. The book will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers. Luigi F. Pedreschi is affiliated to the European University Institute in Florence, Italy, and currently works as a Research Associate at the Robert Schuman Centre for Advanced Studies, also located in Florence.
Private international actors go to arbitration to avoid adjudicatory risks, especially the risk of bias. It follows that safeguarding procedural fairness is a key concern in arbitral processes, and that exposing actual bias is crucial. However, evidence from both case law and institutional statistics shows that wily parties are willing to abuse procedural fairness and cry bias as a way of delaying proceedings and escaping enforcement, and that the frequency of such spurious challenges is increasing. This insightful book offers a proposal, solidly grounded in legal principle and precedent, for how the arbitration community should respond to this threat. The author shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts. He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence. He shows that the 'real danger' test, derived from the decision of the House of Lords in Gough, has a much higher threshold, and has the additional advantage of making the arbitral award stronger at the all-important enforcement stage. In the course of the presentation the book analyzes, in extraordinary depth, such issues as the following: - which state's courts are most likely to find arbitrator bias, and which state's courts are least likely; - applying the 'real danger' test under the various applicable conventions, the Model Law, and institutional rules; - bias challenges under European Human Rights law; - distinction between party-appointed arbitrators and chairmen in the context of a bias test; - relevant trends in investor-state and ICSID arbitration; and - bias rules in the lex mercatoria. In a broad comparative survey of the law of bias challenges in international commercial arbitration covering all leading states, the author examines various municipal laws to determine their tolerance for a 'real danger' clause in commercial contracts. His analysis, replete with case summaries and material facts, provides a strong scaffolding for his thesis, and also probes the causes of the increased rate of bias challenge. The need for a uniform test in this area is made very convincing by this original study. Arbitrators and other interested professionals and academics will find it of unusual value and interest, and corporate counsel will find much to consider in the use of the 'real danger' clause.
This multidisciplinary book introduces readers to original perspectives on crimmigration that foster holistic, contextual, and critical appreciation of the concept in Australia and its individual consequences and broader effects. This collection draws together contributions from nationally and internationally respected legal scholars and social scientists united by common and overlapping interests, who identify, critique, and reimagine crimmigration law and practice in Australia, and thereby advance understanding of this important field of inquiry. Specifically, crimmigration is addressed and analysed from a variety of standpoints, including: criminal law/justice; administrative law/justice; immigration law; international law; sociology of law; legal history feminist theory, settler colonialism, and political sociology. The book aims to: explore the historical antecedents of contemporary crimmigration and continuities with the past in Australia reveal the forces driving crimmigration and explain its relationship to border securitisation in Australia identify and examine the different facets of crimmigration, comprising: the substantive overlaps between criminal and immigration law; crimmigration processes; investigative techniques, surveillance strategies, and law enforcement agents, institutions and practices uncover the impacts of crimmigration law and practice upon the human rights and interests of non-citizens and their families. analyse crimmigration from assorted critical standpoints; including settler colonialism, race and feminist perspectives By focusing upon these issues, the book provides an interconnected collection of chapters with a cohesive narrative, notwithstanding that contributors approach the themes and specific issues from different theoretical and critical standpoints, and employ a range of research methods.
This book explores the thirty-year border conflict between Armenia and Azerbaijan, specifically around the former autonomous republic of Nagorno Karabakh, and shows how Russia is the only winner in this conflict: fighting on both sides, supplying arms to both sides, and acting as the arbiter between the two sides. The author looks at Armenia, Azerbaijan and the separatists from military, political, economic and diplomatic perspectives, and offers insights on how the fighting has influenced society, and vice versa. The book provides an update to the history of the war to include major fighting in 2020, and examines how Russia obtained three military bases and most economic assets in Armenia, while becoming Azerbaijan's major weapons supplier to the tune of six billion dollars. It shows how Russia has tried to sideline the internationally-supported Minsk negotiations in favor of Russia assuming the sole role of arbiter, and argues that even though Russia has submitted a number of ceasefire proposals, it does little to encourage the sides to implement them. The book includes a discussion of international law, United Nations Resolutions, and rulings by the European Court of Human Rights.
Capital markets are a continuous stream of activity and innovation. Constantly evolving and inherently dynamic, they give rise to complex regulatory and policy issues and offer rich material for analysis. Additionally, globalization has incentivized cross-border listings and international flows of capital. Global Capital Markets takes stock of recent trends and events by exploring their legal and regulatory implications across several jurisdictions from around the world. This book provides a critical analysis of current issues including investor activism, the challenges of cross-border regulatory enforcement and recent initiatives to empower shareholders to improve corporate governance. It also surveys longer-term trends such as the development of the nascent capital markets law in China over the last two decades and discusses the emerging issues from the increased use of dual class voting shares. Case studies draw on examples from nations such as the US, Canada, Europe, China, India and New Zealand. Timely and incisive, this book will appeal to students and academics in international corporate and securities law. Contributors incude: A. Anand, Q. Bu, H. Donegan, T. Keeper, Y.-H. Lin, A.B Majumdar, C. Malberti, T. Rodriguez de las Heras Ballell, U. Varottil
After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective-that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective-that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.
This book is a pivotal publication that seeks to improve food security in the conditions of escalating protectionism in global agricultural trade. The authors argue that global trade systems have been increasingly distorted by emerging trade tensions between major actors such as the US, China, the EU, and Russia, as well as trade policies in many other countries. In view of the most recent disruption of global food supply chains due to the outbreak of the COVID-19, the book examines the effects of administrative restrictions, tariff escalations, and other forms of protectionism on food security. Over the decades, food security concerns have been emerging, along with the growth of the world population. More than two billion most impoverished people in the world spent up to 70% of their disposable income on food. In 2020, the running pandemic has unraveled accumulated problems. As many countries rely on agricultural imports, lockdowns and disrupted food production and supply chains tremendously threaten food security of those nations. Agricultural trade was already slowing in 2019 before the virus struck, weighed down by trade tensions, and decelerating economic growth. The spread of the virus and strict quarantine measures trigger economic decline that results in food prices rises and volatilities. Due to the pandemic, nearly all regions will suffer double-digit decline in trade volumes 2020. The virus will be defeated, but the effects of the protectionism outbreak would have a much longer-lasting impact on agricultural production, international supply chains, and food security worldwide. In this publication, the authors probe into many of the choices that link national, regional, and global policies extensively with the provision of food security for all in the new era of post-virus global trade. Since studying global agricultural trade has a multinational application, its outcomes might be shared with a broad international network of stakeholders, including research institutions, universities, and individual researches. The book is appropriate for government officials, policymakers, and businesses of many countries. Adaptation of research outcomes and solutions to the situation in particular countries and various collaboration formats will let to increase the visibility of the publication and to elaborate new practices and solutions in the sphere of establishing sustainable food security.
Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.
The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.
The basics of international criminal law, how it is actually enforced, and the arguments it has provoked are all introduced in a book that is as current as the headline news. International Crime and Punishment: A Guide to the Issues explores the many facets of this relatively new field of criminal law, an autonomous branch of law that concerns international crimes and the systems set up to handle individuals who are accused of committing them. As the author explains, international crimes include crimes against humanity, crimes against peace, war crimes, trafficking in human beings, drug trafficking, money laundering, arms trafficking, and smuggling of cultural artifacts. The laws may seem straightforward, but the system is not without controversy. As the author shows, the United States has opposed certain actions of the International Criminal Court, while other countries have objected to U.S. plans to refer persons accused of terrorism to military tribunals. Clearly and cogently, this work introduces the principles of international criminal law, its enforcement, and the conflicts that have arisen as a result. Journalists, policymakers, students, and educated citizens will find the book an essential tool for unraveling today's news stories.
This book is the first systematic scientific study of global quasi-legislation. Taking public opinion and multilateral agreements as the international equivalent to national election and passing laws on the national scale, and extending nation-state concepts to a global society, it analyzes citizens' preferences and the state's willingness to enter into 120 multilateral treaties. After identifying the links as a first step toward conceptualizing quasi-legislative global politics, the book examines how each of the 193 states manifests quasi-legislative behavior by factor-analyzing six instrumental variables such as treaty participation index and six policy domains of multilateral treaties, including peace and trade. It then discusses global change between 1989 and 2008, and conceptually and empirically examines the three theories of global politics that originated during that period: the theory of power transition, theory of civilizational clash and theory of global legislative politics. Lastly, it proposes a theory of global legislative politics. Shedding fresh light on the transformative nature of multilateral treaties, this book attracts researchers and students in political philosophy, international law and international relations as well as practitioners and journalists. Inoguchi and Le have developed a genuinely original perspective on world politics, one that opens up a new research agenda for thinking about state and global actors simultaneously.-- Anne-Marie Slaughter, Bert G. Kerstetter '66 University Professor Emerita of Politics and International Affairs, Princeton University This is one of those books that warrant a global readership given its emphasis on the implied trust that we invest in public institutions as viewed from an interdisciplinary perspective. -- Richard J. Estes, Professor of Social Policy & Practice, University of Pennsylvania, Philadelphia, Pennsylvania This book is innovative and distinctive in carving out a new way to look at "global legislative politics." I do not know of anything that compares in this interesting and novel niche of international relations analysis.-- William R. Thompson, Distinguished Professor and Rogers Chair of Political Science Emeritus, Indiana University
This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions-India and England-in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.
This book analyzes the state of global governance in the current geopolitical environment. It evaluates the main challenges and discusses potential opportunities for compromise in international cooperation. The book's analysis is based on the universal criteria of global political stability and the UN framework of sustainable development. By examining various global problems, including global economic inequality, legal and political aspects of access to resources, international trade, and climate change, as well as the attendant global economic and political confrontations between key global actors, the book identifies a growing crisis and the pressing need to transform the current system of global governance. In turn, it discusses various instruments, measures and international regulation mechanisms that can foster international cooperation in order to overcome global problems. Addressing a broad range of topics, e.g. the international environmental regime, global financial problems, issues in connection with the energy transition, and the role of BRICS countries in global governance, the book will appeal to scholars in international relations, economics and law, as well as policy-makers in government offices and international organizations.
This book offers an in-depth analysis of the function of certification in general and of certification systems in a range of different sectors. The authors examine certification from both a theoretical and a practical standpoint and from the perspectives of different disciplines, including law, economics, management, and the social sciences. They also discuss instruments that help ensure the quality of certification, which can range from public law measures such as accreditation, to private law incentives, to deterrents, such as liability towards victims. Further, they assess the role of competition between certification bodies. Readers will learn the commonalities as well as the necessary distinctions between certification bodies in various fields, which may stem from the different functions they serve. These similarities and differences may also be the result of different types of damage that the certified producer or service provider could potentially cause to individuals or to the public at large. Often, companies use certification bodies as an argument to assure the general public, e.g. regarding the safety of medical products. Closer inspection reveals, however, that sometimes certification bodies themselves lack credibility. The book offers essential information on the benefits and pitfalls associated with certification.
This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.
Volume 10 of the EYIEL focusses on the relationship between transnational labour law and international economic law on the occasion of the 100th anniversary of the International Labour Organisation (ILO). As one of the oldest UN Agencies, the ILO has achieved considerable progress with respect to labour rights and conditions. The contributions to EYIEL Volume 10 assess these achievements in light of current and future challenges. The ILO's core instruments and legal documents are analysed and similarly the impact labour standards have on trade and investment agreements. In its regional section, EYIEL 10 addresses recent developments in the US and the EU, including the US' trade policy strategy towards China as well as the reform of the NAFTA. In its part on institutions, EYIEL 10 focusses inter alia on the role of the rule of law in relation to current practices of the International Monetary Fund and of the WTO's Appellate Body as an international court. Furthermore, it provides an overview of current cases before the WTO. Finally, the volume entails a section with review essays on recently published books in the field of international economic law and international investment law.
This book analyzes empirical data from three specific Regional Fisheries Management Organizations (RFMOs) designed to establish rules for the conservation and management of fish stocks in the ocean, in order to assess their effectiveness in converting science into policy for the recovery and maintenance of fishery populations. The three RFMOs discussed are the CCAMLR (Convention for the Conservation of Antarctic Marine Living Resources), the ICCAT (International Commission for the Conservation of Atlantic Tunas) and the CCSBT (Commission for the Conservation of Southern Bluefin Tuna). The book seeks to understand when governments choose to listen to science, and establishes a framework to examine the institutional designs currently in place to accommodate RFMO policy suggestions and the conditions under which they are implemented successfully. The study will be of interest to academics and professionals broadly interested in global environmental governance and international relations, and will specifically appeal to policymakers, conservationists, and environmental researchers interested in fishery management and policy at the global and regional scale. Goncalves provides an accessible and comprehensive analysis of RMFOs. She offers valuable insights into the role of science and politics in shaping sustainable fisheries policies for the open oceans. ---Peter M Haas, Professor Department of Political Science, University of Massachusetts Amherst As envisaged by the UN Decade of Ocean proclamation, this book is an important and sincere effort, hopefully to be accompanied by many others to come during this promising decade, that will help to build a common framework to ensure that ocean science can support countries and the international community in creating improved conditions for the sustainable development of our cherished Ocean. ---Fabio H. Hazin - Professor at Federal Rural University of Pernambuco, Brazil |
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