This book examines the delimited maritime boundaries of Indonesia with its neighbours. It features carefully drawn maps based on the geographical coordinates of the defined maritime boundaries; the reproduction of a complete set of the primary documents with direct relation to the boundaries; and a comprehensive narrative on the geography and the historical development of the archipelagic State. Indonesia has an immense maritime domain that encompasses much of the sea between Australia and the Asian mainland. In addition, Indonesia is itself made up largely of water: in excess of 17,000 islands, Indonesia's archipelagic and territorial waters together form about three-fifths of the country's sovereign territory. This book offers readers clear, accessible information on the maritime boundaries of the world's largest archipelagic state.

In the first part of this book, noted legal scholar Dimtris Liakopoulos deals with reconstructing the legal regulatory framework governing human rights violations in the activities of organizations. After identifying rules that are generally applicable to organizations’ offenses and govern the profile of reparations, this study assesses primary rules that guarantee the right to an effective remedy. Liakopoulos then moves on to how this works in practice, examining the reparations obtainable by an individual in disputes between states and organizations. This includes, for example, damages caused by the United Nations in the context of force operations and requests for the cancellation or modification of sanctions unjustly imposed by the UN’s Sanctions Committee. The author then assesses enforcement practices, highlighting the limits of diplomatic protection from the perspective of protecting individual interests and enhancing some recent tendencies of “humanizing” institutions in question.

This book assesses President Barack Obama's counterterrorism policy as it evolved throughout his presidency, from the expanded use of drones to the controversial decisions regarding the Syrian conflict. President Obama has achieved the dubious distinction of having been the longest continuous war president in American history, and this title explores how Obama pursued and expanded executive war power in key areas, simultaneously committing to a light footprint approach for U.S. military forces and emphasizing the use of drones, targeted killing of terrorists, and training, advising, and assisting local forces to defend themselves from militant groups such as ISIL. It also provides an in-depth analysis of the defining issue of the Obama counterterrorism strategy: Syria, and his refusal to militarily commit to defeat Bashar al-Assad and support Syria's insurgency. The work concludes with a consideration of counterterrorism policy post-Obama.

This book focuses on descriptions of the developments in legal frameworks and policies regarding the human rights of older persons. First, it covers the policies adopted and practices developed at the universal system, particularly within the sphere of the United Nations. Second, it includes a side-by-side comparison of the work of regional human rights mechanisms, which have picked up some momentum in the past decade. Through its inclusion of law, policy, and current processes, the widest net possible has been cast to collect a descriptive resource for advocates. Overall, we hope that this book contributes to a better understanding of the current limitations and possibilities that international institutions offer to uphold the human rights of older persons. We expect that this information will allow states and other policy makers to move forward with the international recognition of the human rights of older persons. We know this is only a first effort in compiling and reporting the standards that are being produced by different international institutions. But we have no doubt that many others will follow with their expert analysis of these emerging standards, and that the ongoing discussion will finally crystalize in international human rights binding instruments explicitly recognizing the universal rights of older persons.

This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.

This book reveals how conflicting worldviews are at the root of public controversies on policy and trade issues. It highlights the particularly controversial disputes at the level of the World Trade Organization in the case of regulating beef-hormones and GMOs, aiming to show how negotiators of international agreements, members of dispute settlement bodies, and policy makers in general could have recourse to concepts of other disciplines such as epistemology and philosophy in order to address deadlocked legal disputes. Ultimately, the book is a manifesto for independent and critical research.

This fifth volume in the book series on Nuclear Non-Proliferation in International Law focuses on various legal aspects regarding nuclear security and nuclear deterrence. 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 Dean of Law and Professor of International and Comparative Law at the University of Manitoba in Canada; a Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law. 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); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

Since its accession to the World Trade Organisation (WTO) in December 2001, China has been committed to full compliance with the Trade-Related Intellectual Property Rights (TRIPS) Agreement. This text considers the development of intellectual property in China, and offers an interdisciplinary analysis of China's compliance with the TRIPS Agreement using theories originating in international relations and law. It notes that despite significant efforts to amend China's substantive IP laws to prepare for WTO accession and sweeping changes to domestic legislation, a significant gap existed between the laws on paper and as enforced in practice, and that infringements to the agreement are still prevalent. The book examines how compliance with international rules can be promoted and encouraged in a specific jurisdiction. Making a case for a wider, more interdisciplinary and global outlook, it contends that compliance needs to align with the national interests of relevant countries and jurisdictions, as governments' economic interests support the greater enforcement of the IP laws.

One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation.

In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products - specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.

This multi-disciplinary book addresses the ever-expanding notion of human rights within the 21st century. By analyzing the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability, Brysk and Stohl assess the potential and limitations of global reforms. Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility. This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign. Contributors include: J. Alley, C. Apodaca, P. Ayoub, M. Baer, A. Brysk, S. Hertel, R. Howard-Hassmann, V. Hudson, F.G. Isa, H. Jo, W. Sandholtz, C. Stohl, M. Stohl, K. Tsutsui

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

The third volume of this yearbook provides articles, comments, and analyses of developments throughout 1998. A special focus section highlights the most significant legal issues raised by the formation of a single currency in the ongoing process of economic and monetary union in the European Union. Commentary is provided on subjects including international financial standards and the transition economies, legal and practical aspects of recovering debt from Russian financial institutions, New Zealand's alternative approach to banking supervision, and regulation of foreign bank access in China. Recent developments, as with previous editions, cover all major areas of the world. This year includes analysis of China's new securities law, the development of the Financial Supervisory Authority in the UK, regional integration and trade liberalization in southern Africa, and problems created by government intervention in the Hong Kong stock market. This volume should be useful to anyone with an interest in international financial and economic law throughout the world.

This comprehensive, three-volume set focuses on the legal and business aspects of sports in the USA and abroad. The authors have presented the subject matter from a practical and pragmatic perspective, yet with analytical precision and attention to fine points of detail. This work is composed of five parts. Part I deals with the law and business of sports in the United States, with the primary emphasis on the legal aspects of professional sports. Part II deals with the internationalization of sports from various perspectives, principally North American team sports. In Part III the law and business of sports is explored in 18 foreign (from an American's standpoint) jurisdictions. Part IV treats the legal and, to some extent, business aspects of broadcasting and sports, both in the United States and in selected foreign jurisdictions. Finally, Part V focuses upon sports marketing in its variegated forms in the USA, as well as its international perspectives.

This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Rio Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

This book considers governance and policy-making within the maritime sector, and focuses significantly on the dimensional context within which governance works. Recognising the importance of understanding governance and policy at times when the world is faced with social, political, and economic problems, it highlights the fact that both areas are equally significant in understanding today's political economy. By focusing on the maritime sector, a pillar industry supporting international trade activities, the book offers a unique perspective to explain the difficulties of balancing policy-making with governance in order to provide solutions. It also examines the importance of developing a governance process that encourages and accommodates juxtaposition in a way that ensures that the effect of independent policy-making is understood upon the success or otherwise of policies across a range of contexts and problems. Given the in-depth nature of the text, it is of interest to academics, researchers and professionals in the field.

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.

This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.

In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book.

Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.

This work reviews the progress of children's rights 25 years since the adoption of the UN Convention on the Rights of the Child. It studies the progress of that human rights instrument as part of an ongoing process. It examines how recent past, present and future generations will benefit or suffer as part of the process in which outcomes cannot be predicted. It does not project into the future. Its emphasis is on a review of the period after 1989 and it comments on what has happened and offering guidance on how children's rights might progress. The book presents a realistic but not always critical review of two and a half decades of intensive activity in the field of children's rights worldwide. It includes both failures and examples of good practice and positive experiences. It offers a review of progress and lack of progress in child rights and welfare in the twelve countries used as case studies in its predecessor, The Next Generation. Finally, the volume considers the impact of current geopolitical and economic realities on children's rights in the early years of the twenty-first century. The book is a tribute to Judith Ennew and pays homage to all of the people who have contributed so much to children's rights over the years and wishes to encourage others to take up the cause.

This book focuses on the management of ship operations, an activity that requires integrative knowledge and technical expertise that spans various disciplines. As such, ship operations personnel are expected to be well-versed with aspects of management, economics, engineering, technology and law. Further, ship operations management requires the ability to identify and neutralize threats and to manage risks and make decisions that will optimize costs and contribute to performance improvements. Despite the fundamental nature of ship operations management, no book has ever attempted to reconcile and compile a comprehensive body of knowledge, while pursuing a coherent, structured and systematic approach. This edited volume addresses that fundamental gap in the extant literature, and brings together a wealth of knowledge from experts in their respective fields. Concretely, it explores issues of organization, technical management, crewing and behavioral issues, chartering and post fixture, risk management, finance, legal aspects of international conventions and regulations, attainment of safety, security and marine insurance, as well as ocean governance and sustainability. As such, the book offers a vital reference guide for maritime companies and organizations, while also serving as a teaching supplement in academic and professional maritime programmes.

This book presents a comprehensive geopolitical analysis of European space activities. By studying outer space as a physical and socio-economic space as well as a military-diplomatic area, the author helps readers understand outer space as a geopolitical environment. The book also offers insights into the behavior and strategies of different actors, with a special focus on the European space strategy and the nature of the European space program and diplomacy.

This book reviews the nature of the alleged abuse committed by the UK military forces, exploring the legal paradigm in which the abuse allegedly occurred; the morality of those accused; and the robustness of the accusation of a 'policy of abuse'.

This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa.

Challenging views prevalent among Western and Polish scholars, this book explains Poland's surprising success in developing effective environmental and occupational regulatory systems while achieving remarkable socioeconomic growth, despite the toxic legacy of the Communist era. It offers rich insights into the questions of how one can achieve both economic growth and improved environmental and safety protection, and of the extent to which regulatory systems can be transferred across national and cultural boundaries. The authors develop a theoretical framework for assessing regulatory success, then use it to analyze Poland's recent experience. Grounded in five case studies of recently privatized firms, the analysis also presents a new survey of privately owned firms, extensive policy and data analysis, and interviews with key policy leaders, entrepreneurs, and intellectuals. The book points to case-specific decision making and information richness as key dimensions of an effective regulatory system and considers in depth the extent to which information richness is culturally dependent, and hence its portability as a policy tool. Addressing regulatory issues that are specific to both the United States and the international development community, the book makes a significant contribution to advancing the theoretical and conceptual frameworks used to explain the success, or lack of success, of regulatory systems.