In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The "plurilateral" WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity - more than 10 per cent of gross domestic product in most countries. This study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade; the institutional structure for dealing with government procurement in the GATT/WTO system; the impact of relevant WTO law on national legal systems; the types of contracts and entities covered in the Agreement on Government Procurement; how the National Treatment principle and the Most Favored Nation obligation affect government procurement; rules of WTO contract award procedure and the controversy over their interpretation and revision; the free trade versus social and environmental issues question in the context of government procurement; and the monitoring and enforcement of WTO procurement rules. Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments.

The Vienna Convention on Diplomatic Relations (VCDR) was signed at the height of the Cold War more than fifty years ago. The agreement and its negotiation have become a cornerstone of diplomatic law. "A Cornerstone of Modern Diplomacy," which is based on archival research in the National Archives (London), the Austrian State Archives (Vienna) and the Political Archive (Berlin), delivers the first study of the British policy during the negotiation of the key convention governing diplomatic privileges and immunities: the 1961 Vienna Convention on Diplomatic Relations. The book provides a complete commentary on the political aspects of the codification process of diplomatic law. By clearly presenting the case with accessible analysis, author Kai Bruns makes the relations between international law and politics understandable, stressing the impact of the emergence of the third world in UN diplomacy. This unique study is a crucial piece of scholarship, shedding light on the practice of United Nations conference diplomacy and the codification of diplomatic law at the height of the Cold War.

This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.

This book addresses the various sustainability issues that the tourism industry has faced over time like the trend from over-tourism to under-tourism or from tourism in increasingly distant destinations to a new local tourism with new needs. It also highlights how contracts, both between businesses and those with consumers, can represent tools for the financial, ecological and social sustainability of the tourism industry.

This book scrutinizes the growth of the ecoterrorism movement operating on a global scale, focusing on the main groups and their more radical offshoots, both historically and currently active. These include Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society. Gerry Nagtzaam critically examines how these groups formed and how they have evolved, their key personnel, their strategies and tactics, principles, motivating philosophies and attitudes to violence. Specifically, this book seeks to understand whether groups such as these inevitably evolve from activists to militants to terrorists who gravitate towards political violence on behalf of the environment. Particular attention is paid to the future of such groups, predicting whether they will become more prominent as more people become ecologically aware and as global environmental conditions deteriorate, or whether groups like these have peaked as a force for environmental change. Gerry Nagtzaam compares and contrasts the selected ecoterrorist groups, highlighting their similarities and differences as regards to their use of political violence and pathways of radicalization. This book will be of interest to a number of different audiences, including scholars, teachers and students of law enforcement, terrorism, environmental politics, environmental law, international relations theory, geography, environmental science, sociology and development studies. It will also be relevant for activists and environmental NGOs.

Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.

This book presents an important discussion on soil and sustainable agriculture from a range of perspectives, addressing key topics such as sustainable intensification, the FAO Voluntary Guidelines, and the crucial role of appropriate tenure rights. This second volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with several aspects of the theme "soil and sustainable agriculture." In turn, the second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses cross-cutting issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" is a book series that discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national and regional level. The Chapter "The Use of Property Law Tools for Soil Protection" by Jessica Owley is available open access under a CC BY 4.0 license at link.springer.com.

This book investigates stakeholders' interests, market players, and governance models for the takeover market in the changing global economic orders. Authors from the UK, Germany, the Netherlands, Australia, and China discuss takeovers in the context of China as a rising power in the global M&A market and re-examine takeover as an efficient method for corporate competition, consolidation, and restructuring. China has come to embrace takeovers as a market practice and is seeking directions for further reforms of its law, regulatory model, and banking system in order to compete with other economic powers. Yet, China is at a very different economic development stage and has different legal and political structures. State-owned enterprises dominate the Shanghai and Shenzhen stock markets - a very different landscape from UK and European exchanges. Researchers and policy makers are currently developing options in response to needs for reform. Recently, China has also announced the opening of its financial markets to foreign ownership. This book reflects on the UK and European models and focuses on the policy choices for China to transform its capital market. The book is of interest to postgraduate students and researchers (LLM, PhD, postdocs), law and management/finance academics, and policy makers.

The book provides a structural analysis of the European space effort from an institute change perspective. It analyzes the EU-ESA inter-institutional relationship, gives an overview of the development of space policy in Europe, and advances the debate about the impact of the European integration process on existing institutional actors. While European Space collaboration was initially developed outside the competences of the European Union (EU) with space programmes being carried out almost exclusively under the framework of European Space Agency (ESA) and national agencies, the EU has gained "shared competences" (Art. 2, TFEU) in space policy following the adoption of the Lisbon Treaty. Currently the EU and ESA work together under a Framework Agreement. In 2016, the EU Commission has published a Communication entitled "European Space Policy" (ESP). Even though ESA's Member States have agreed to keep ESA as an intergovernmental organisation during the ESA Ministerial Council of 2014, the discussion about ESA becoming part of the EU framework continues. The EU's ambitions for leadership in European space policy raise question concerning the future of ESA. The study of institutions lies at the heart of political sciences. Strikingly the theoretic framework qualifying institutional change and making it comparable leaves room for more concrete and testable dimensions of institutional change.

This book provides insight into the globally interlinked disability rights community and its political efforts today. By analysing what disability rights activism contributes to a global power apparatus of disability-related knowledge, it demonstrates how disability advocacy influences the way we categorise, classify, distribute, manipulate, and therefore transform knowledge. By unpacking the mutually constitutive relations between (practical) moral knowledge of international disability advocates and (formal) disability rights norms that are codified in international treaties such as the UN Convention on the Rights of Persons with Disabilities (CRPD), the author shows that the disability rights movement is largely critical of statements that attempt to streamline it. At the same time, cross-cultural disability rights advocacy requires images of uniformity to stabilise its global legitimacy among international stakeholders and retain a common meta-code that visibly identifies its means and aims. As an epistemic community, disability rights advocates simultaneously rely on and contest the authority of international human rights infrastructure and its language. Proving that disability rights advocates contribute immensely to a global culture that standardises what is considered morally and legally 'right' and 'wrong', thereby shaping the human body and the body politic, this book will be of interest to all scholars and students of critical disability studies, sociology of knowledge, legal and linguistic anthropology, social inequality, and social movements.

This book explores the impact of disintegrity on various aspects of governance, as the disregard of ecological conditions produce grave direct effects to human rights (to water or food) and, indirectly, also to human security in several ways. International legal regimes need to be reconsidered and perhaps re-interpreted, in order to correct these situations that affect the commons today. Some believe that our starting point should acknowledge the impact we already have on the natural world, and accept that we now live in the "anthropocene". Others think that the present emphasis on sustainable development needs to be re-defined. Finally, many believe that reconnecting with moral principles both in professional life and in governance in general represents a necessary first step.

Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix. The editors have organized the book according to the theories underlying the protection of international intellectual property rights. For example, they have considered the historical and philosophical foundation of copyright protection in the context of the protection of culture and personality, while issues regarding compulsory licensing to ensure public use of certain forms of intellectual property have been illustrated by examples drawn from patent protection. The problem of "harmonization" is addressed through many diverse examples from intellectual property protection. And the closely-related field of the protection of cultural patrimony is also included.

Freshwater is an increasingly scarce resource globally, and effective sustainable management will be absolutely crucial in the future. This timely book sets out future scenarios of international trade in both 'real' and 'virtual' water, examining the relationship between climate change, water scarcity, the human right to water and World Trade Organization law. Trade in Water Under International Law addresses questions of global importance such as: how can international trade in bulk water contribute to the advancement of the human right to water? Are 'green-boxed' irrigation subsidies disturbing the markets? Should water-footprint process and production methods allow for a different treatment of otherwise 'like' products? From examining the impact of water law on small-scale farmers in developing countries, to the broader issue of global environmental responsibility, Fitzgerald Temmerman explores the options available for fair resource allocation through international law arrangements such as the General Agreement on Tariffs and Trade, and the Agreement on Technical Barriers to Trade. By taking a wide-reaching and non-technical approach, this book will capture the attention not only of international trade law professionals, but of all stakeholders in the field. With such relevance to contemporary environmental issues, this book will also be of interest to non-legally qualified individuals who want to comprehend the future possibilities of fair water trade.

The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.

The 2004 volume of the "Comparative Law Yearbook of International Business" contains a wide variety of topics of interest to international commercial lawyers and their clients. Various areas of Company Law are discussed, including mergers and acquisitions, piercing the corporate veil and the financing of share acquisitions. The Yearbook also contains several chapters on investments and securities, including the need for corporate governance in this area, and the role of collective investment schemes in Bermuda. Some chapters deal with the introduction of new technology into the realm of commerce, particularly new legislation relating to e-commerce and the Competition Law issues encountered by the telecommunications industry. The introduction and effects of new legislation generally are also addressed, including the new Ukrainian Commercial Code and Brazilian Civil Code. In addition to discussions on intellectual property, arbitration and asset protection, the Yearbook contains a section on real property rights, including a very interesting comparison between the way in which China and Indonesia view property rights, and the treatment received by such rights in Western society. Various areas of law are also looked at from a European point of view, such as the increase in America-style asbestos litigation in Europe, the hiring out of workers within Europe and the effect of the European Convention on Human Rights upon business. With the ever-increasing introduction of new technology, the expansion of global communications, new attitudes towards business and commerce and increased awareness of personal and property rights, there is a constant need for the law to develop in order to adequately deal with these issues. The yearbook branches out into some of the innovative and topical areas of contemporary law, and should be of great interest to anyone involved in modern-day business.

With a foreword by Major-General Nico Geerts, Commander Netherlands Defence Academy, Breda, The Netherlands International conflict resolution increasingly involves the use of non-military power and non-kinetic capabilities alongside military capabilities in the face of hybrid threats. In this book, counter-measures to those threats are addressed by academics with both practical and theoretical experience and knowledge, providing strategic and operational insights into non-kinetic conflict resolution and on the use of power to influence, affect, deter or coerce states and non-state actors. This volume in the NL ARMS series deals with the non-kinetic capabilities to address international crises and conflicts and as always views matters from a global perspective. Included are chapters on the promise, practice and challenges of non-kinetic instruments of power, the instrumentality of soft power, information as a power instrument and manoeuvring in the information environment, Russia's use of deception and misinformation in conflict, applying counter-marketing techniques to fight ISIL, using statistics to profile terrorists, and employing tools such as Actor and Audience Analysis. Such diverse subjects as lawfare, the Law of Armed Conflict rules for non-kinetic cyber attacks, navigation warfare, GPS-spoofing, maritime interception operations, and finally, as a prerequisite, innovative ways for intelligence collection in UN Peacekeeping in Mali come up for discussion.The book will provide both professionals such as (foreign) policy makers and those active in the military services, academics at a master level and those with an interest in military law and the law of armed conflict with useful and up-to-date insights into the wide range of subjects that are contained within it. Paul A.L. Ducheine and Frans P.B. Osinga are General Officers and full professors at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, The Netherlands. Specific to this volume in the Series: * Written by academics with both practical and theoretical experience* Addresses counter measures to hybrid crises* Offers both strategic and operational insights to non-kinetic conflict resolution

The Hungarian Yearbook of International Law and European Law comprises a collection of articles written mainly by Hungarian authors, covering developments in the field of international law and EU law, and progress in the domestic implementation and application of these fields of law. The thematic part of Vol. 8 (2020) deals with new tendencies in the law of foreign investments in European law and public international law, while the Anniversary section is dedicated to the centenary of the Trianon Peace Treaty concluded after World War I. The Yearbook also contains numerous articles on new developments in European law and international law, Hungarian state practice, case notes and book reviews. The Yearbook offers a comprehensive picture of the state of application and implementation of international law and EU law in Hungary.

The continued implementation of the competition rules of the EC Treaty and the provisions of the third package of aviation liberalization measures of 1 January 1993 remain of great importance to the Community's aviation industry. 1994 has seen important activity on access to Community air routes (such as the Orly airport cases), ground handling, state aids and code sharing. These subjects, and others, are examined in the Association's annual conference for 1994, with a round table session on access to air routes in particular. In addition, in view of the conference's location in Amsterdam, there will be a particular Dutch perspective on certain current issues.

This book analyzes the implementation of Law 975 in Colombia, known as the Justice and Peace Law, and proposes a critical view of the transitional scenario in Colombia from 2005 onwards. The author analyzes three aspects of the law: 1) The process of negotiation with paramilitary groups; 2) The constitution of the Group Memoria Historica (Historic Memory) in Colombia and 3) The process of a 2007 law that was finally not passed. The book contains interviews with key actors in the justice and peace process in Colombia. The author analyses the contradictions, tensions, ambiguities and paradoxes that define the practices of such actors. This book highlights that a critical view of this kind of transitional scenario is indispensable to determine steps towards a just and peaceful society.

Historiographical approaches to international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of historical methods and historical research can lead to a better understanding of international investment law. International Investment Law and History critically analyses the use of historical argument in international investment law. It examines the vital roles that historical arguments play in interpreting investment treaties, resolving investor-state disputes, and justifying or criticising the current system of investment protection. This book is the first in-depth study on the methodological challenges and benefits of historical analysis in international investment law. As such, it is a vital tool for scholars and practitioners in the field who wish to understand ways in which to use historical research and analysis to improve and redefine international investment law. Contributors include: M. Boase, H. Bray, Y. Chernykh, J. Ho, R. Hofmann, J. Kammerhofer, A. Kulick, K. Miles, M. Pinchis-Paulsen, S.W. Schill, T. St. John, C.J. Tams, J. Yackee

This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business 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. Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, the use of force, conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control the level of armaments, to limit the occasions when governments can use military force to mitigate the conduct of warfare and to build peace. Key Features include: A comprehensive survey of the relevant international law In-depth coverage written in an accessible style, structured into short, focused chapters A combination of law, practice and politics that introduces the reader to the complexities of the law Detailed coverage of international legal regimes not normally gathered together in one place A critical evaluation of the direction, purposes and content of international conflict and security law, with particular reference to arms control, use of force, collective security, armed conflict, post-conflict situations and private security actors Written in a sharp and engaging style this authoritative introduction provides a unique overview of international conflict and security law. It will be an essential resource for students and researchers in international law and international relations.

This publication represents a collection of scholarly and highly practical chapters prepared by leading experts on banking law. Important changes are taking place in the financial sectors in the Pacific Rim; vital roles are being played by Tokyo, Hong Kong, Singapore and Taipei. This volume deals with the broad policy issues entailed in the liberalization and deregulation of the banking industry and is divided into two parts. Part 1 covers liberalization and the search for an appropriate banking law model; and Part 2 deals with convergence of supervisory standards of international banking. This collection, which was designed as a broad foundation for comparative analysis of changes and reforms occurring worldwide in international banking regulation and practice, should be a useful aid to domestic and international government officials, executives of banking and other financial institutions, professionals (attorneys, accountants and other advisers) representing such institutions and academics, in trying to understand both policies and practicalities reflected by these rapid changes and reforms. A separate, but related, companion volume on international banking operations and practices has also been produced, entitled "International Banking Operations and Practices: Current Developments", which deals with the relevant legal questions regarding the changing international financial practices.