Through substantive investigation, African Participation at the World Trade Organization: Legal and Institutional Aspects, 1995-2010 offers thorough explanations for the nominal, minimal, and largely ineffective activity of African members in the WTO, focusing on the three core areas of regular committee work, dispute settlement and negotiations, and considering the Group's size, compared to non-African Members. Fundamentally, the research examines the longstanding and continuing question in the Multilateral Trading System revolving around the substantive quality and effectiveness of African participation in a rules-based Multilateral Trading System with a balance of rights and obligations. The book is a must-read for anyone interested in the factors, motivations and explanations that have underpinned the behavior of African countries in the GATT/WTO system of trade rules.

While allegations of double standards are mostly voiced in relation to the EU, this book takes a multidimensional approach to the use of differential standards concerning minorities and minority protection. Not only do academics from different disciplines contribute to the volume but the multidimensionality also resides in the fact that several international organisations active in the field of minority protection are included in the analysis. Furthermore differential standards are also discussed in relation to the (ongoing debate about the status and rights of) new minorities. Finally, the challenge of protecting minorities and other vulnerable groups within minorities is addressed. In the process the book revisits the fundamental tenets of minority protection as well as the basic rational of the international organisations concerned.

Through a collective biographical methodology of four scholars (Hans Kelsen, Hans J. Morgenthau, Hersch Lauterpacht and Erich Kaufmann) this book investigates how Jewish identity and intellectual ties to Judaic civilisation in the German speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that made their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.

This research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.36 articles, dating from 1949 to 2015 Contributors include: D. Boyd, A. Boyle, C. Cullinan, S. Gaines, L. Kotze, R. Lazarus, A. Leopold, H. Rolston II, M. Sagoff, C. Stone

This book explores the history and agendas of the Young Men's Christian Association (YMCA) through its activities in South Asia. Focusing on interactions between American 'Y' workers and the local population, representatives of the British colonial state, and a host of international actors, it assesses their impact on the making of modern India. In turn, it shows how the knowledge and experience acquired by the Y in South Asia had a significant impact on US foreign policy, diplomacy and development programs in the region from the mid-1940s. Exploring the 'secular' projects launched by the YMCA such as new forms of sport, philanthropic efforts and educational endeavours, The YMCA in Late Colonial India addresses broader issues about the persistent role of religion in global modernization processes, the accumulation of American soft power in Asia, and the entanglement of American imperialism with other colonial empires. It provides an unusually rich case study to explore how 'global civil society' emerged in the late 19th and early 20th centuries, how it related to the prevailing imperial world order, and how cultural specificities affected the ways in which it unfolded. Offering fresh perspectives on the historical trajectories of America's 'moral empire', Christian internationalism and the history of international organizations more broadly, this book also gives an insight into the history of South Asia during an age of colonial reformism and decolonization. It shows how international actors contributed to the shaping of South Asia's modernity at this crucial point, and left a lasting legacy in the region.

Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

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.

International frontiers and boundaries separate land, rivers and lakes subject to different sovereignties. Frontiers are "zones" of varying widths and they were common many centuries ago. By 1900 frontiers had almost disappeared and had been replaced by boundaries that are lines. The divisive nature of frontiers and boundaries has formed the focus of inter-disciplinary studies by economists, geographers, historians, lawyers and political scientists. Scholars from these disciplines have produced a rich literature dealing with frontiers and boundaries. The authors surveyed this extensive literature and the introduction reveals the themes which have attracted most attention. Following the introduction the book falls into three sections. The first section deals systematically with frontiers, boundary evolution and boundary disputes. The second section considers aspects of international law related to boundaries. It includes chapters dealing with international law and territorial boundaries, maps as evidence of international boundaries and river boundaries and international law. The third section consists of seven regional chapters that examine the evolution of boundaries in the Americas, the Middle East, Africa, Asia, Europe, islands off Southeast Asia and Antarctica.

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.

Legal Order in the World's Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy's 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world's oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation-Maritime Compliance and Enforcement.

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

In 1965, the UK excised the Chagos Islands from the colony of Mauritius to create the British Indian Ocean Territory (BIOT) in connection with the founding of a US military facility on the island of Diego Garcia. Consequently, the inhabitants of the Chagos Islands were secretly exiled to Mauritius, where they became chronically impoverished. This book considers the resonance of international law for the Chagos Islanders. It advances the argument that BIOT constitutes a 'Non-Self-Governing Territory' pursuant to the provisions of Chapter XI of the UN Charter and for the wider purposes of international law. In addition, the book explores the extent to which the right of self-determination, indigenous land rights and a range of obligations contained in applicable human rights treaties could support the Chagossian right to return to BIOT. However, the rights of the Chagos Islanders are premised on the assumption that the UK possesses a valid sovereignty claim over BIOT. The evidence suggests that this claim is questionable and it is disputed by Mauritius. Consequently, the Mauritian claim threatens to compromise the entitlements of the Chagos Islanders in respect of BIOT as a matter of international law. This book illustrates the ongoing problems arising from international law's endorsement of the territorial integrity of colonial units for the purpose of decolonisation at the expense of the countervailing claims of colonial self-determination by non-European peoples that inhabited the same colonial unit. The book uses the competing claims to the Chagos Islands to demonstrate the need for a more nuanced approach to the resolution of sovereignty disputes resulting from the legacy of European colonialism.

A thorough introduction to the laws of war, the savagery of war crimes, and the international system that demands justice. How do you speak of the unspeakable and defend the indefensible? War Crimes and Justice: A Reference Handbook thoroughly examines the laws of war and how the world community handles the monstrous brutalities of war through the international justice system. Highlighted are 20th century war crimes and trials including Yugoslavia, Kosovo, and the Kerry incident in Vietnam. Also covered are the four international tribunals established to punish violators in Nuremberg, Tokyo, Yugoslavia, and Rwanda. Pulitzer Prize-nominated author Howard Ball discusses those who committed unspeakable acts during war, others who sought justice for victims, and case studies portraying both victims and perpetrators. Significant treaties and conventions are explored, as well as all the options available to nations emerging from the throes of bloody civil wars to ensure peace with justice. Includes coverage of key people and trials including World War II, Vietnam, and the recent war in Kosovo Provides speeches, reports, and edited trial transcripts from cases involving war crimes

Have we already entered a new epoch, the Anthropocene, dominated by the impact of human activities? What of the effects of increasing globalisation on the seas? Thirty-three experts on marine affairs and the law of the sea examine the emerging challenges for the World Ocean, inquiring into developments prompted by globalisation in central issue-areas of the law of the sea. These are explored systematically in sections on the key challenges and developments in the interface of science, economic uses and law (Part I); climate change and the oceans (Part II); sustainability of fisheries (Part III); challenges and responses related to global maritime transport (Part IV); and the regulatory responses to global challenges in seas surrounding Europe (Part V).

This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions Guidance on how these tactics are addressed in national and international law Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.

This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq's invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.

Post-2002 events at the U.S. naval facility at Guantanamo Bay have generated a spate of books on its use as a detention center in the U.S. fight against terrorism. Yet the crucial enabling factor-the lease that gave the U.S. control over the territory in Cuba-has till now escaped any but cursory consideration. T"he Leasing of Guantanamo Bay" explains just how Guantanamo Bay came to be a leased territory where the U.S. has no sovereignty and Cuba has no jurisdiction. This is the first definitive account of the details and workings of the unusual and problematic state-to-state leasing arrangement that is the essential but murky foundation for all the ongoing controversies about Guantanamo Bay's role in U.S. anti-terrorism efforts, charges of U.S. human rights violations, and U.S.-Cuban relations.

"The Leasing of Guantanamo Bay" provides an overview of territorial leasing between states and shows how it challenges, compromises, and complicates established notions of sovereignty and jurisdiction. Strauss unfolds the history of the Guantanamo Bay, recounting how the U.S. has deviated widely from the original terms of the lease yet never been legally challenged by Cuba, owing to the strong state-weak state dynamics. The lease is a hodge-podge of three U.S.-Cuba agreements full of discrepancies and uncorrected errors. Cuba's failure to cash the annual rent checks of the U.S. has legal implications not only for the future of Guantanamo Bay but of the Westphalian system of states. Compiled for the first time in one place are the verbatim texts of all the key documents relevant to the Guantanamo Bay lease-including treaties and other agreements, a previously unpublished U.N. legal assessment, and once-classified government correspondence.

In Participation, Power and Attitudes: Implementing Article 12 of the Convention on the Rights of the Child, Rebecca Thorburn Stern analyses how CRC state parties describe their implementation of Article 12 on respect for the child's views. The focus of the study is on if, and how, references to traditional attitudes are used by state parties to explain their actions and inactions when implementing this key right and principle. It is shown that 'traditional attitudes' are employed less as justification of poor implementation than as a way of allocating responsibility to the population rather than to the state party, and that references to tradition remain a mainly non-Western phenomenon, thus also overlooking the impact of traditional attitudes in Western societies.

This greatly revised edition of an influential 1999 book consolidates its authoritative advocacy of the New Lex Mercatoria (NLM). Since the publication of the first edition, self-regulation and private governance in international business have gained world-wide recognition. Three dynamic commercial law initiatives in particular demonstrate that, in spite of the long-lasting dispute about the nature and dogmatic underpinnings of NLM, legal theory and international practice have accepted that transnational business law is open to the 'codification' of its contents. The UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and (most recently and dramatically) the TransLex Principles at www.trans-lex.org all draw their legal conclusions from observing the real-life phenomena surrounding regional and global integration of markets and foreign direct investment. This new edition presents an advanced elaboration of the author's 'Creeping Codification' thesis based on the TransLex Principles, an Internet-based method using an ongoing, spontaneous, and dynamic codification process which is never completed. The TransLex Principles contain black-letter texts of 128 principles and rules of the NLM with comprehensive, constantly updated comparative law references from domestic statutes, court decisions, doctrine, arbitral awards, and uniform laws. An annex to this book contains a synopsis of the wealth of materials available on the TransLex web site as well as a rare personal account of one of the fathersA"of the NLM, Philippe Kahn. International legal practitioners and academics alike have long complained about the inadequate legal framework for international trade and commerce. This book, with its far-reaching theoretical and methodological analysis of the doctrine of an autonomous transnational economic law, clearly opens the way to an independent and workable third legal system alongside domestic law and public international law. It offers international practitioners (contract negotiators, arbitrators, attorneys and other representatives of the parties in international arbitration proceedings) with a powerful and reliable instrument to apply transnational commercial law in daily legal practice.

Non-discrimination requirements, such as most-favored nation and national treatment obligations, are central to both international trade law and international investment law. Significant inconsistencies between the fields are evident, however, in the way adjudicators have treated key elements of the test for discrimination. This book surveys and criticizes the manner in which tribunals have employed the concept of regulatory purpose in determining whether discrimination has occurred. The authors of this book propose a new definition of regulatory purpose that assists in framing the test for unlawful discrimination in both fields of law. It provides a systematic and structured analysis of how regulatory purpose should - and should not - be used in applying non-discrimination norms. Throughout, the book compares and contrasts trade and investment law, drawing out several parallels and suggesting areas in which one legal system might answer or shed light on questions arising in the other. With its comprehensive and up-to-date analysis of trade and investment jurisprudence, this book will appeal to practitioners and academics in the fields of trade and investment law. Lawyers and adjudicators will find it a useful source of ideas and proposals to inform their arguments and decisions. For government officials, it will be informative when considering the optimal way to structure measures that may affect the interests of foreign traders or investors. It will also provide a useful survey of the literature for academics, as well as a springboard for further comparison of international trade and investment law.

"Lexicon of Environmental Law, les d finitions du droit de l environnement," contains terms found in international instruments together with clear, authentic, objective and easily understandable definitions of them. For human beings and for the planet, environmental law is fundamental and so important that all environmental documents should be understood by anyone, old and young, educated and uneducated, expert and non-expert. Yet many environmental law conventions, declarations, instruments, volumes and papers are extremely hard to comprehend or are easily misunderstood because certain expressions and terms are not clearly defined, or are written in such a way that only those familiar with UN jargon can understand them. Dr. C dric Viale created a useful lexicon for those who face such difficulty in understanding UN environmental law documents and other texts. The volume is easy to use, yet rich in detail, and will be an indispensable tool for practitioners, researchers and students of environmental law. Le "Lexicon of Environmental Law, les d finitions du droit de l environnemen"t contient des termes utilis s dans les instruments ainsi que leurs d finitions claires, objectives et ais ment compr hensibles. Pour les tres humains et pour la plan te, le droit de l environnement est fondamental et si important que tous les documents sur l environnement doivent tre compris par tous, vieux et jeune, dipl m ou non, expert ou d butant. De nombreuses conventions, d clarations, documents sont extr mement difficiles comprendre ou portent facilement l incompr hension parce que, notamment, des mots et expressions ne sont pas clairement d finis ou simplement crits de telle fa on que seuls les familiers du jargon onusien peuvent comprendre. Le Docteur C dric VIALE a produit ce dictionnaire pratique pour ceux qui doivent affronter des difficult s de compr hension du droit de l environnement. Ce volume est facile utiliser, riche en d tails et deviendra l instrument indispensable pour les praticiens, les chercheurs, les tudiants, les traducteurs, les avocats, en environnement et en droit de l environnement.

In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.

The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world. With particular attention to ongoing major negotiations of bilateral and regional investment treaties, including the TPP, TTIP and China's BIT negotiations with the EU and USA, the collection is timely, thorough, and incisive. All readers with an interest in the latest developments in international investment law in general, and the Chinese foreign investment regime in particular, will find an indispensable new resource in this collection of essays from esteemed experts in the field. The volume originated from the "China and ICSID" International Workshop and Roundtable on International Investment Law and Arbitration, organized to commemorate the 20th anniversary of China's accession to the ICSID Convention.