The Research Handbook on the Law of Treaties provides an authoritative treatment of fundamental issues in international treaty law. Identifying key challenges facing the modern law of treaties, the Handbook addresses the current regime and comments on potential directions of the law.Rather than an article-by-article commentary on provisions applicable to treaties, the Handbook offers an innovative study of their spatial, personal and temporal dimensions and of the tensions that arise due to the need for both flexibility and certainty in treaty relations. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work could yield significant results. This pioneering Handbook will prove an invaluable resource for researchers and advanced students, as well as providing unique insights for practitioners of international law. Contributors: E. Cannizzaro, J. d'Aspremont, K. del Mar, J. Devaney, J. Finke, M. Fitzmaurice, M. Karavias, M. Kotzur, S-I. Lekkas, V. Lowe QC, P.Merkouris, M. Milanovic, A. Nollkaemper, M. Paparinskis, I. Plakokefalos, A. Proelss, S. Ranganathan, A. Rasulov, Y. Ronen, C. J. Tams, A. Tzanakopoulos, M. Waibel, P. Webb, A. Zimmermann

Transboundary Pollution: Evolving Issues of International Law and Policy provides a comprehensive and perceptive overview of the legal principles that govern pollution internationally and explores the utilization of these principles in practice.Legal principles regarding State responsibility for transboundary pollution are well settled in international law. At issue is how these principles are applied and what mechanisms are developed to regulate specific types of transboundary pollution, including pollution of the marine environment and shared water resources, nuclear pollution and air pollution. Expert contributors come together in this book to discuss all major aspects of transboundary pollution and the practical application of the State responsibility doctrine. Empirical studies of European, Asian and Southeast Asian countries demonstrate regional perspectives of how international law and policy governing transboundary pollution translates into practice. Academics, students and practitioners alike will benefit from the perceptive and discerning insight the book presents into this important issue within international law, environmental law and public policy. Contributors: R. Beckman, A. Boyle, H.C. Bugge, G. Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J. Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif, A.K-.J.Tan, S. Tay

Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabbers' landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes references to new case-law and literature, and features brief discussions on recent topics of general interest, including Brexit and the worldwide outbreak of the Coronavirus.

Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban's compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

This authoritative guide to the International Tribunal for the Law of the Sea provides a timely assessment of its activities over the past two decades. P. Chandrasekhara Rao and Philippe Gautier?s comprehensive book delivers a detailed and extensive analysis of the Tribunal?s jurisdiction, the procedural rules governing cases before it, and its contribution to the development of the law of the sea. Through a thorough examination of the Tribunal?s judicial practice, as well as referencing primary sources such as treaties and statutes, the authors demonstrate that the Tribunal has fulfilled the role entrusted to it by the United Nations Convention on the Law of the Sea. Utilising a practice-orientated approach, this methodical analysis reveals that the Tribunal has successfully developed its own working methods in handling cases, whilst establishing itself as a judicial institution with the ability to discharge its functions efficiently and cost-effectively, and most importantly, determines that its jurisprudence has contributed to the development of a coherent and progressive interpretation of the law of the sea. Perceptive and meticulous, this book will be an invaluable resource for legal practitioners, as well as for academics, students and researchers interested in the functioning and achievements of the Tribunal.

The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.

Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent - and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

'. . . the book is a good example of the writing and reasoning style, sometimes vivid and intriguing, often used by NIE authors. Similarly, the book is a good sample of NIE's multidisciplinary approach to economics. . . The range of papers presented gives the reader a good picture of the variety of approaches used by NIE scholars, and their ability to integrate sociological and legal consideration within the economic analysis.' - Martino Bianchi, CEU Political Science Journal The field of institutional economics has witnessed a surge in interest over recent years and has attracted the attention of a growing number of social scientists. This topical and highly informative collection brings together critical writings on the relationship between institutions and economic performance. The included works encompass seminal cross-country studies of 'whether institutions matter', as well as leading examples of within-country studies on the role of specific institutions. This indispensable volume includes an original introduction by the editor which explores the definition and measurement of institutions. The book is essential reading for anyone interested in institutions and economic development.

This book explores the phenomenon of data - big and small - in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the 'personal' in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book's concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.

The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. Its comprehensive survey of international water law links international water principles to case studies and examples from specific basins, to bring research into real-world relevancy. Different regional traditions and frameworks of international water law are presented in order to provide a global overview. The work is edited by three scholars and practitioners whose work deals with the law of international watercourses and features perspectives from distinguished experts in the field. This Research Handbook will be a crucial resource for academics and researchers, students, relevant government agencies, and practitioners interested in water law and humanitarian law. Contributors include: L. Boisson de Chazournes, L. Caflisch, M. Curlier, L. del Castillo Laborde, J.W. Dellapenna, G.M. Farnelli, B. Guthrie, J.G. Lammers, R. Larson, C. Leb, D. Magraw, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, M.M. Murcia, N. Odili, D. Padmanabhan, R.K. Paisley, C. Parseghian, G. Reichert, A. Rieu-Clarke, A.F.S. Russell, S.M.A. Salman, S.M. Schwebel, Y. Su, A. Tanzi, A.D. Tarlock, M. Tignino, P. Udomritthiruj, K. Uprety, S. Vinogradov, I.T. Winkler, P. Wouters, D. Ziganshina

Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship's delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.

What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.

The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

This collection reviews developments in DNA profiling across jurisdictions with a focus on scientific and technological developments as well as their political, ethical, and socio-legal aspects. Written by leading scholars in the fields of social studies of forensic science, science and technology studies and socio-legal studies, the book provides state-of-the-art analyses of forensic DNA practices in a diverse range of jurisdictions, new and emerging forensic genetics technologies and issues of legitimacy. The work articulates the various forms of technolegal politics involved in the everyday, standardised and emerging practices of forensic genetics and engages with the most recent scholarly and policy literature. In analyses of empirical cases, and by taking into account the most recent technolegal developments, the book explores what it means to live in a world that is increasingly governed through anticipatory crime control and its related risk management and bio-surveillance mechanisms, which intervene with and produce political and legal subjectivities through human bodies in their DNA. This volume is an invaluable resource for those working in the areas of social studies of forensic science, science and technology studies, socio-legal studies, sociology, anthropology, ethics, law, politics and international relations.

Considers how legal reforms and awareness-raising associated with building the rule of law, have engaged the popular legal consciousness, producing contradictions that have in turn shaped the nature of the resultant legality. Explores the case study of the Democratic Republic of Congo. This book will appeal to comparativists, Africanists, and socio-legal scholars.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

This book analyzes recent developments and likely future paths for trade and financial integration in East Asia. It suggests a more coherent, balanced way forward for regional economic integration and analyses implications for institution building in East Asia. East Asia has achieved a high degree of intra-regional trade, investment and GDP correlation, through an expanding web of free trade agreements and production networks. However, financially, most regional economies are linked more closely to North America and Europe than to each other. As trade integration has accelerated, financial and monetary integration has not kept pace. East Asian Economic Integration analyzes potential reasons and remedies for this phenomenon through a multidisciplinary framework of law, politics and economics. This comprehensive book will appeal to researchers and students in political science, international relations, trade law, international finance law, and regional studies generally. It will also be of great interest to regional policy makers. Contributors include: H. Gao, P. Lejot, C.L. Lim, B. Mercurio, M. Mushkat, R. Mushkat, J. Nakagawa, C.-Y. Park, I. Sohn, L. Toohey, N. Vu, T.H. Yen

This contemporary textbook and manual for aspiring or new environmental managers provides the theory and practical examples needed to understand current environmental issues and trends. Each chapter explains the specific skills and concepts needed for today's successful environmental manager, and provides skill development exercises that allow students to relate theory to practice in the profession. Readers will obtain an understanding not only of the field, but also of how professional accountability, evolving science, social equity, and politics affect their work. This foundational textbook provides the scaffolds to allow students to understand the environmental regulatory infrastructure, and how to create partnerships to solve environmental problems ethically and implement successful environmental programs.

This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms "a constructive bridge of knowledge" between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Trading biotech products magnifies these risks and benefits globally. This book explores the topical, though still underexplored, question of how to find a point of equilibrium between the revolutionary advancement offered by technology and the need to safeguard biosafety from uncertain, though potentially irreversible, technology risks. It offers a thorough analysis of normative, judicial and epistemic issues hindering a reasoned balance between trade and non-trade interests under the WTO. The work offers practical relevance for the resolution of legal disputes in contexts of uncertainty, as well as innovative theoretical contributions. It will be a valuable resource for policymakers working on precautionary governance and management, scholars in the areas of trade law, human rights law and environmental law, law students and practitioners, as well as NGOs working in the field of new technologies, biosafety, sustainability and food safety.

Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states' inherent self-defence rights might apply in the maritime security context. A significant contribution of the book is the formulation of the Maritime Terrorism Threat Matrix, which provides a structured framework for examining how maritime terrorism incidents have occurred, and might occur in the future. The book also examines the relevant national maritime security legislation for preventing maritime terrorist attacks in the United Kingdom and in Australia. The book concludes by formulating guidelines for the unilateral interdiction of suspected terrorist vessels in exceptional circumstances, and recommending priorities for governments and international maritime industries to focus on in order to reduce the risk for terrorist attacks at sea. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.

Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed.

The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea. It discusses the law of maritime delimitation and, through jurisprudence, the development of the three-stage methodology to describe and explain maritime delimitation agreements in Latin America and the Caribbean according to the method or methods of delimitation employed. It reviews maritime boundaries in Latin America and the Caribbean that were submitted to third-party adjudication as well as provisional arrangements, considering the role of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation. With a renewed focus on maritime delimitation, and increasing litigation focused on Latin America and the Caribbean, the book will be of interest to students, academics and practitioners in the fields of international law, law of the sea, and State practice.

The environmental and human costs of marine accidents are high, and risks are considerable. At the same time, expectations from society for the safety of maritime transportation, like most other activities, increase continuously. To meet these expectations, systematic methods for understanding and managing the risks in a cost-efficient manner are needed. This book provides readers with an understanding of how to approach this problem. Firmly set within the context of the maritime industry, systematic methods for safety management and risk assessment are described. The legal framework and the risk picture within the maritime industry provide necessary context. Safety management is a continuous and wide-ranging process, with a set of methods and tools to support the process. The book provides guidance on how to approach safety management, with many examples from the maritime industry to illustrate practical use. This extensively revised new edition addresses the needs of students and professionals working in shipping management, ship design and naval architecture, and transport management, as well as safety management, insurance and accident investigation.

Climate change has thrust us into a ''no-analog'' future in which climate disasters threaten to cause extraordinary damage, with little precedent to guide policymakers and private actors. Addressing such risks requires a firm grounding in disaster risk reduction, climate change policy, and environmental law. This Research Handbook provides readers with that integrated foundation, investigating topics in international law as well as domestic programs from countries around the world. Because climate disasters affect both government and non-government actors, the Research Handbook covers issues of both public and private law. We know from the scientific literature and recent experience that the laws addressing natural disasters are insufficient to confront disasters amplified by climate change. The Research Handbook acknowledges that the majority of disasters are susceptible in some way to changes in the earth's climate and explores the barriers to, and opportunities for, finding legal solutions to the risks posed by such disasters. It shows that climate change must be considered in order to fully understand disaster risk and the respective legal and policy responses. The Research Handbook also emphasizes the moral responsibility we have to move as quickly as possible to create a carbon-free economy. This work will be of great appeal to legal scholars, practitioners, and policymakers who are interested in environmental law or climate change as it relates to international and domestic law and policy. Contributors include: C.A. Arnold, C. Bakker, M. Burkett, S. Donald, J.D. Echeverria, D.A. Farber, M. Faure, M.B. Gerrard, Q. He, R. Kundis Craig, S. Kuo, D.A. Kysar, R. Lyster, T. Parejo-Navajas, J. Peel, L. Rajamani, S. Shapiro, T. Stephens, L.G. Sun, K. Tracy, R.R.M. Verchick, J. Verschuuren

The law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from 'high end' war-fighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident; offering sophisticated analysis and insights into the case or incidents enduring importance, and their significance for the development of the law applicable to maritime operations; and offering a detailed account and evaluation of the most critical but rarely understood cases in maritime operations law, which encourages comparison between key cases, this book will be an essential reference for practitioners, scholars, teachers, and students of maritime operations law.