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Books > Law > International law > Public international law

Mega-Regional Trade Agreements (Hardcover, 1st ed. 2017): Thilo Rensmann Mega-Regional Trade Agreements (Hardcover, 1st ed. 2017)
Thilo Rensmann
R5,083 Discovery Miles 50 830 Ships in 12 - 17 working days

This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Perspectives in International Economic Law (Hardcover): Asif H. Qureshi Perspectives in International Economic Law (Hardcover)
Asif H. Qureshi
R6,887 Discovery Miles 68 870 Ships in 10 - 15 working days

Economic activity, Professor Qureshi insists, is a visible manifestation of the human condition. Therefore, the laws that regulate it and develop its norms must be deeply human. International economic law must be ever-vigilant in its efforts to represent the economic needs of all strata of humanity - it must not allow the cultural imperatives of any one group to predominate. To investigate the validity of this deeply-held conviction, in May 2001 Professor Qureshi and the University of Manchester School of Law brought together a conference of major IEL scholars to elicit as broad a diversity of perspectives as possible. This book, grew out of that conference, with contributors and other scholars focusing and augmenting their standpoints in essays that crystallize the critical perspectives from which IEL may be viewed. Issues and topics that arise in the course of the investigation include the following: globalization and its institutions; the survival of the nation-state; the role of the International Court of Justice; sustainable development; developing countries and dispute settlement; developing countries and trade negotiations; regional integration; human rights and the "untouchability" of IEL; and the gender bias of basic IEL institutions and rules. There are also clear presentations of specifically Marxist and Islamic perspectives, and an analysis along lines of "fairness" as developed by Thomas Franck and John Rawls.

Boko Haram and International Law (Hardcover, 1st ed. 2018): John-Mark Iyi, Hennie Strydom Boko Haram and International Law (Hardcover, 1st ed. 2018)
John-Mark Iyi, Hennie Strydom
R6,332 Discovery Miles 63 320 Ships in 12 - 17 working days

This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded evidence of religious nepotism on the part of state officials using such state institutions as Islamic Preaching Boards to promote one Islamic sect over another in mainly Muslim Northern Nigeria. The book offers insights into this subtle sectarian divide and how this and other 'subterranean' elements have contributed to the rise of Boko Haram in Northern Nigeria beyond the dominant poverty-terrorism nexus narrative. Furthermore, the book analyses the various components of Boko Haram's radical ideology, situates them in Islamic Jurisprudence, and examines the philosophy of the group (both in doctrine and practice) - their interpretation of the Koran and the waging of Jihad, and the extent to which they conform to the Islamic Sect Boko Haram claims to follow. The book then examines the basic doctrinal features and characteristics of Boko Haram - waging Jihad, prohibiting revealing dresses for women and mixing of genders, rejecting western values and institutions, denouncing scientific inquiry and democracy, hostage taking, sexual exploitation of captives and other aspects of jus ad bellum and jus in bello in Islamic jurisprudence and international law. Finally, the book analyses the plight of vulnerable groups such as internally displaced persons, the atrocities committed against women and girls in the Boko Haram insurgency and the (in)ability of international law to enforce the protections offered to the victims. From the perspective of critical intellectual inquiry, the book also challenges a number of fundamental assumptions and encourages us to revisit our legal characterisation of certain concepts such as "gender-based crimes". It then goes further to analyse some legal grey areas in the Boko Haram insurgency such as the legal status of the Civilian Joint Task Force (CJTF) and the legal framework for holding members accountable for violations of international human rights and humanitarian law. Overall, the book represents a valuable contribution to scholarship, deepens our understanding and delineates how international law could respond to the Boko Haram insurgency in Nigeria in particular and terrorism in Africa in general.

Banking Regulation and World Trade Law - GATS, EU and Prudential Institution Building (Hardcover, New): Lazaros E Panourgias Banking Regulation and World Trade Law - GATS, EU and Prudential Institution Building (Hardcover, New)
Lazaros E Panourgias
R5,870 Discovery Miles 58 700 Ships in 12 - 17 working days

Banking Regulation and World Trade Law concerns the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalisation of financial services trade in the World Trade Organization, the accords of the Basel Committee on Banking Supervision and the European Central Bank. The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralised/nation-based banking regulation and supervision as a foundation for a sustainable liberalisation of international trade in financial services. The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored: the book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision. In seeking to delineate the interface between international economic law and banking regulation, Dr Panourgias builds on the rich European scholarship on institutional financial issues and the US interdisciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field. The book will be of particular interest to those concerned with financial law and international banking.

The Pursuit of Stability of the Euro Area as a Whole - The Reform of the European Economic Union and Perspectives of Fiscal... The Pursuit of Stability of the Euro Area as a Whole - The Reform of the European Economic Union and Perspectives of Fiscal Integration (Hardcover, 1st ed. 2020)
Luca Lionello
R3,529 Discovery Miles 35 290 Ships in 10 - 15 working days

This book analyses the ongoing reform of the European economic union in the light of the new objective of 'stability of the euro area as a whole' in Article 136(3) TFEU. On the basis of the relevant legal sources, it qualifies this objective as the obligation to preserve the existence of the monetary union, the establishment of which was an EU goal laid down in Article 3(4) TEU. While to date the objective has been achieved through fiscal and macroeconomic consolidation in the member states and the activation of stabilisation mechanisms in cases of emergency, the book argues that full stability requires a better system of economic governance, either through a process of partial fiscal centralisation or the return to a more efficient and sustainable market discipline of public finances. It also analyses the concrete legal challenges these raise, including compliance with the conferral principle, the longstanding democratic deficit of the governance and the balance between financial solidarity and fiscal responsibility.

International Organizations and Legal Sanctions Against Governments (Hardcover): Dimitris Liakopoulos International Organizations and Legal Sanctions Against Governments (Hardcover)
Dimitris Liakopoulos
R3,967 Discovery Miles 39 670 Ships in 10 - 15 working days

This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.

The Practice of International and National Courts and the (De-)Fragmentation of International Law (Hardcover, New): Ole... The Practice of International and National Courts and the (De-)Fragmentation of International Law (Hardcover, New)
Ole Kristian Fauchald, Andre NollKaemper
R3,155 Discovery Miles 31 550 Ships in 12 - 17 working days

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

International Trade Policy and European Industry - The Case of the Electronics Business (Hardcover, 2014 ed.): Marcel van Marion International Trade Policy and European Industry - The Case of the Electronics Business (Hardcover, 2014 ed.)
Marcel van Marion
R4,302 R3,580 Discovery Miles 35 800 Save R722 (17%) Ships in 12 - 17 working days

Trade policy has played a vital role in the decline of European electronics business. The events that resulted in the disappearance of the European television industry, of a European and Japanese video recorder format and of other European consumer electronics are directly related to market structures in exporting countries and business practices. In this book, factual business data shows and economic models explain how restrictive trade practices result in elimination of efficient competitors in export markets. It deals with the memorable case how a videocassette recorder format was established by dumping and how politics enabled it. An innovative tariff increase for CD players was invalidated by heavy dumping, causing closure of production in Europe. European CTV industry succumbed under permanent dumping and a series of biases - as the interest of a state-owned company - and serious errors making trade instruments void and rules irreconcilable with international agreements. Practical and theoretical examples and explanations, some in detail, of trade rules are provided. The book sketches events - carelessness, prejudice or special interests, arbitrary and false application of trade instruments and fraud - resulting in disappearance of various European electronics business segments.

Netherlands Annual Review of Military Studies 2015 - The Dilemma of Leaving: Political and Military Exit Strategies (Hardcover,... Netherlands Annual Review of Military Studies 2015 - The Dilemma of Leaving: Political and Military Exit Strategies (Hardcover, 1st ed. 2016)
Joerg Noll, Daan van den Wollenberg, Frans Osinga, Georg Frerks, Irene van Kemenade
R2,289 Discovery Miles 22 890 Ships in 12 - 17 working days

This book seeks to bridge the gap between academic, political and military thinking concerning the success and failure of peacekeeping operations and their termination. Exit strategies have recently gained attention in political, military, academic and public debates, due to the Western engagement in international and intrastate conflicts since the end of the Cold War. Yet, many of those debates took place separately. This volume, which is predominantly a joint product of academics and the military of the Faculty of Military Sciences of the Netherlands Defence Academy, shows new venues by bridging the putative political-military divide. Drawing on theory, empirics, and personal experiences the authors address exits at political, strategic, operational and tactical levels of current and past military missions and interventions, ranging from decolonisation wars to Afghanistan and Iraq. Although some of those conflicts are still ongoing, valid inferences can be drawn. An important one is that exit forms a problem for those who leave and for those who stay. While political and military objectives might not have been reached and many of those involved have the feeling that the job is still not yet done, the termination of the entire mission or transitions at operational level necessitate both departures and handovers-takeovers and are thereby characterised by discontinuities and continuities at the same time. It is these dynamics between unfulfilled end states and end dates that, in the end, lead to the dilemma of leaving. All the editors, except van den Wollenberg, are affiliated with the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, the Netherlands. Joerg Noll is Associate Professor of International Conflict Studies. First Lieutenant Air-Commodore Frans Osinga is Professor of Military Operational Art and Sciences. Georg Frerks is Professor International Security Studies and Irene van Kemenade runs the Research Office of the Faculty. Daan van den Wollenberg is Commander of a mechanized artillery platoon of the Netherlands armed forces.

International Judicial Control of Environmental Protection - Standard Setting, Compliance Control and the Development of... International Judicial Control of Environmental Protection - Standard Setting, Compliance Control and the Development of International Environmental Law by the International Judiciary (Hardcover)
Yasuhiro Shigeta
R5,147 Discovery Miles 51 470 Ships in 10 - 15 working days

It is widely understood today that nothing is more urgently needed than international agreement on the scale, application, and enforcement of environmental law. This outstanding book - a major contribution to the debate - demonstrates that existing international judicial bodies have already taken giant steps toward overcoming the insufficiency of international law enforcement with standards, compliance mechanisms, and new law development in the field of environmental law. The author not only presents a detailed analysis of a wealth of relevant case law, but also outlines a model suggesting that a commitment to international judicial control can be used to contain deviance within acceptable limits, ensure harmonized interaction among regimes, and clarify the meaning and application of environmental norms. With pervasive attention to the differing demands of inter-State relations and State-individual relations, and of the varieties of 'soft' and 'hard' control, the book considers the ways in which the proposed judicial control could move powerfully toward minimizing damage in such legal environmental areas as the following: ‒ conservation of marine living resources; ‒ obligation not to cause transfrontier pollution harm; ‒ the human rights challenge to state sovereignty; ‒ equitable utilization of international watercourses; ‒ noise; and ‒ nuclear risk. Among the international judicial regimes examined are the GATT/WTO judiciaries, the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court of Justice, the European Court of Human Rights and other regional human rights courts and commissions, decisions of arbitral tribunals, the Montreal Protocol Non-Compliance Procedure, and the Human Rights Committee of the International Covenant on Civil and Political Rights. It is no exaggeration to say that the environment has taken centre stage in international affairs, and this book's provocative proposal cuts through the much-lamented ineffectiveness of international law where it matters most. In its clear-headed recommendations of practical ways to resolve ambiguities, confront recurrent non-compliance, and cure the absence and defects of applicable rules, it will be of immeasurable value to policymakers, practitioners and academics concerned with international environmental law.

International Law's Collected Stories (Hardcover, 1st ed. 2020): Sofia Stolk, Renske Vos International Law's Collected Stories (Hardcover, 1st ed. 2020)
Sofia Stolk, Renske Vos
R1,696 Discovery Miles 16 960 Ships in 12 - 17 working days

This edited volume presents a collection of stories that experiment with different ways of looking at international law. By using different literary lenses -namely, storytelling, the novel, the drama, the collage, the self-portrait, and the museum- the authors shed light on elements of international law that usually remain unseen or unheard and expose the limits of what international law can do. We inquire into who the storytellers of international law are, the stages on which they tell their stories, and who are absent in these tales. We present it as a collection: a set of different essays that more or less deal with the same subject matter. Alternatively, we would like to call it a potpourri of stories, since the diversity of topics and approaches is eclectic and unconventional. By placing multiple perspectives alongside each other we aim to compare and contrast, to allow for second thoughts, and to rediscover. In doing so, we engage with the ambiguities of international law's characters and spaces, and with the worldviews they reflect and worlds they create.

The Law on International Trade in Agricultural Products - From GATT 1947 to the WTO Agreement on Agriculture (Hardcover):... The Law on International Trade in Agricultural Products - From GATT 1947 to the WTO Agreement on Agriculture (Hardcover)
Melaku Geboye Desta
R8,502 Discovery Miles 85 020 Ships in 10 - 15 working days

As far back as Ricardo's principle of comparative advantage - from which all trade liberalization theory ultimately derives - it has been customary to treat agriculture as the general exception to trade rules. Nations protect their agricultural trade in a variety of ways: through the limited quantitative restrictions and export quotas permitted under prevailing trade rules; through country-specific derogation in the form of waivers; or even through blatant violations of the General Agreement on Tariffs and Trade (GATT). In fact, despite the general dramatic decline in tariffs in recent decades, the level of effective protection against the flow of agricultural trade has been steadily rising, almost entirely at the behest of developed countries and to the detriment of developing countries. This book analyzes the realities and future prospects for global trade in agricultural products. It seeks to explain the real or apparent rationale behind the virtual exemption of agricultural trade from the operation of the law governing international trade in general, focusing on the GATT/WTO system but examining a variety of nation-source policy reasons that generate this crucial counter-current to the general sweep of trade liberalization. The issues and topics that arise in the course of the discussion include the following: the "tariffication" of non-tariff barriers under the Agriculture Agreement; export subsidies under the Agreement on Subsidies and Countervailing Measures; remedies available against prohibited subsidies; relevant WTO cases, especially FSC and Canada Dairy, as well as earlier GATT jurisprudence; "downstream flexibility" exceptions; the concept of "domestic support"; methods used to reduce Aggregate Measurement of Support (AMS); and, relevant non-trade concerns, for example, environment; poverty alleviation; food safety; and animal welfare. Professionals interested in the effective and equitable development of international trade, as well as officials involved in trade or agricultural regulation at any administrative level, should find both informed insight into present and future concerns and realistic assessment of a critical area of global policy in this book.

Labour Laws and Global Trade (Hardcover, Uk Ed.): Bob Hepple Labour Laws and Global Trade (Hardcover, Uk Ed.)
Bob Hepple
R2,832 Discovery Miles 28 320 Ships in 12 - 17 working days

The global economy poses major new questions for employment and social policy on an international scale. Governments worldwide face dilemmas; whether to liberalize trade and investment or opt for protectionism; and whether to create flexible or tightly regulated labour markets. These same questions are hotly debated within the World Trade Organization, the International Labour Organization, the International Monetary Fund and the World Bank, and also within regional blocs such as the European Union, NAFTA, MERCOSUR, APEC and SADC. For neo-liberals, as for old-style labour protectionists, the choices may appear to be relatively simple. But most Governments and policy makers are striving to achieve a balance between free trade and investment on the one hand and high employment and raised social standards on the other. This book, written by a leading authority on international labour law, provides a thorough and comprehensive analysis of the complex policy and legal choices which face those wishing pursue a broadly social democratic response to the removal of barriers to trade and investment in a globalized market economy dominated by transnational corporations.

Effects of Insurance on Maritime Liability Law - A Legal and Economic Analysis (Hardcover, 2014): Muhammad Masum Billah Effects of Insurance on Maritime Liability Law - A Legal and Economic Analysis (Hardcover, 2014)
Muhammad Masum Billah
R5,218 Discovery Miles 52 180 Ships in 12 - 17 working days

The book examines how the absence of insurance in the past led to some special maritime liability law principles such as 'general average' (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners' liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.

Economics Without Laws - Towards a New Philosophy of Economics (Hardcover, 1st ed. 2017): Ukasz Hardt Economics Without Laws - Towards a New Philosophy of Economics (Hardcover, 1st ed. 2017)
Ukasz Hardt
R3,894 Discovery Miles 38 940 Ships in 12 - 17 working days

This book offers a vision of economics in which there is no place for universal laws of nature, and even for laws of a more probabilistic character. The author avoids interpreting the practice of economics as something that leads to the formulation of universal laws or laws of nature. Instead, chapters in the book follow the method of contemporary philosophy of science: rather than formulating suggestions for practicing scientists of how they should do research, the text describes and interprets the very practice of scientific research. This approach demonstrates how economists can explain economic phenomena not by subsuming them under general laws, but rather by building models of these phenomena, by referring to causes, or even by investigating what is in the nature of given factors, events, or circumstances to produce.

Recognition of Foreign Administrative Acts (Hardcover, 1st ed. 2016): Jaime Rodriguez-Arana Munoz Recognition of Foreign Administrative Acts (Hardcover, 1st ed. 2016)
Jaime Rodriguez-Arana Munoz
R4,499 R3,490 Discovery Miles 34 900 Save R1,009 (22%) Ships in 12 - 17 working days

This book presents an analysis of the concept of the administrative act and its classification as 'foreign', and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

Nuclear Non-Proliferation in International Law - Volume II - Verification and Compliance (Hardcover, 1st ed. 2016): Jonathan... Nuclear Non-Proliferation in International Law - Volume II - Verification and Compliance (Hardcover, 1st ed. 2016)
Jonathan L.Black- Branch, Dieter Fleck
R4,803 Discovery Miles 48 030 Ships in 12 - 17 working days

This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth. 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 a further constructive discourse on the topic at both national and international levels. A Third Volume, to be published in Autumn 2016, will focus on legal issues of safety and security of the use of nuclear energy for peaceful purposes. Jonathan L. Black-Branch is Professor of International Law, Royal Holloway University of London; a Member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and 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); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Prolife ration and Contemporary International Law.

The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human... The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human Dignity (Hardcover, 2014 ed.)
Sonja C Grover
R2,795 Discovery Miles 27 950 Ships in 10 - 15 working days

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

International Technology Transfers (Hardcover, 1995 Ed.): Harry Rubin International Technology Transfers (Hardcover, 1995 Ed.)
Harry Rubin
R10,639 Discovery Miles 106 390 Ships in 10 - 15 working days

Intended for both business people and legal practitioners, this book offers a practical conceptual framework for the analysis and implementation of cross-border technology transactions, as well as alerting potential parties to technology transfers to the salient issues they should systematically confront and resolve as they seek to structure and implement their transaction. Particular attention is devoted to the identification of traps in the path of successful international-technology transfer. The term "technology" is used in the book in its broadest possible sense, including what in some countries is referred to as "industrial property" and encompassing all legal categories of intellectual property, such as copyrights, trademarks, patents, know-how and trade secrets. The book applies an interdisciplinary approach to a complex and interdisciplinary subject and seeks to harmonize the frequently divergent perspectives that business people and lawyers bring to technology transactions. The topics covered include intellectual-property regimes and how to safeguard one's proprietary rights in technology; contractual provisions; tax structures and tax implications of technology-transfer transactions; and conflicts of law, choice of law and dispute resolution in the international technology-transfer context.

Research Handbook on International Human Rights Law (Paperback): Sarah Joseph, Adam McBeth Research Handbook on International Human Rights Law (Paperback)
Sarah Joseph, Adam McBeth
R1,802 Discovery Miles 18 020 Ships in 12 - 17 working days

This innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples. Providing an excellent grounding for scholars seeking to understand the major topics within the discipline, this topical book is accessible to the novice human rights scholar, yet of great interest to the most seasoned human rights researcher. It will strongly appeal to law academics as well as students and practitioners of human rights.

International Investment Law and the Law of Armed Conflict (Hardcover, 1st ed. 2019): Katia Fach Gomez, Anastasios... International Investment Law and the Law of Armed Conflict (Hardcover, 1st ed. 2019)
Katia Fach Gomez, Anastasios Gourgourinis, Catharine Titi
R4,938 Discovery Miles 49 380 Ships in 12 - 17 working days

Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.

Tax Treaties and EC Law (Hardcover): Michael Lang, W. Gassner, E. Lechner Tax Treaties and EC Law (Hardcover)
Michael Lang, W. Gassner, E. Lechner
R8,918 Discovery Miles 89 180 Ships in 10 - 15 working days

The laws of the Member States of the European Union and the tax treaties concluded by them - being part of their national laws - must be consistent with European Community law. Apart from EC Directives and Regulations, the EC Treaty itself contains rules directly applicable to matters of international taxation. In this context the decisions of the European Court of Justice on the fundamental freedoms laid down in the EC treaty are of primary importance. If a provision of a tax treaty is in conflict with the EC Treaty, it is superseded by the Treaty provisions. The EC Treaty may therefore have the effect of changing the content of tax treaties, a matter of crucial importance to international tax planning techniques. This collection of essays examines the effects of primary European Community law, in particular the fundamental freedom provisions in the EC Treaty, on tax treaties concluded by the Member States. Using the method of examination employed by the European Court of Justice, the contributors to this volume present a systematic analysis of the effects of the interaction of national tax law, tax treaty law and the EC Treaty.

Regulating Municipal Water Supply Concessions - Accountability in Transitional China (Hardcover, 2014 ed.): Yan Wei Regulating Municipal Water Supply Concessions - Accountability in Transitional China (Hardcover, 2014 ed.)
Yan Wei
R2,829 R1,794 Discovery Miles 17 940 Save R1,035 (37%) Ships in 12 - 17 working days

This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.

The EU Merger Regulation and the Anatomy of the Merger Task Force (Hardcover): Jose Rivas The EU Merger Regulation and the Anatomy of the Merger Task Force (Hardcover)
Jose Rivas
R5,275 Discovery Miles 52 750 Ships in 10 - 15 working days

This book provides a comprehensive guide to the scope of European Merger Control Regulations. It follows a practical approach, which is aimed at fulfilling the need for a straightforward, user-friendly introduction to the workings of merger control at European level. It is designed to provide the reader with the framework provisions, as opposed to a case-by-case analysis, thereby enabling those involved with mergers to understand more comprehensively how the regulations and the decisions of the Merger Task Force affect specific mergers, organizations and business. The scope and functions of the Merger Regulations are set out fully and step-by-step guides to the various procedures are provided. Information sources include the full text of the Regulations as amended, relevant Commission Notices, and details of the national authorities dealing with mergers. As the EU moves further towards the accomplishment of the internal market and as mergers of ever-increasing value take place, the Merger Regulations and the work of the Merger Task Force has become of heightened importance.

Post 2030-Agenda and the Role of Space - The UN 2030 Goals and Their Further Evolution Beyond 2030 for Sustainable Development... Post 2030-Agenda and the Role of Space - The UN 2030 Goals and Their Further Evolution Beyond 2030 for Sustainable Development (Hardcover, 1st ed. 2018)
Annette Froehlich
R3,937 Discovery Miles 39 370 Ships in 12 - 17 working days

This book provides a deep insight to which extent further improvement should be envisaged to ensure and improve the sustainable development beyond 2030 (the Sustainable Development Goals is a set of 17 global goals with 169 associated targets which the state community adopted in 2015). As the world, its environment, economy and society is getting more and more technical advanced, it is of high interest to analyze how space and its various applications can support this development. Once the Goals of the "2030 Agenda for Sustainable Development" will be achieved new challenges are waiting. The analysis takes into account a proactive use of artificial intelligence for the development based on space infrastructure. Another important aspect revolves around the economic development which asks for further analysis of the cryptocurrencies relationship with space applications and how to use space based cryptocurrencies for development. Environment-wise the challenges for a sustainable development on Earth i.e. water supply, but also in outer space are requested ensuring a sustainable exploration and exploitation of space and its orbital resources. The book also highlights possible contributions of the post-2030 space industry to global economic development based on satellite technology and the enlargement of the scope of application of satellite data in administration and Justice to ensure development of effective, accountable and transparent institutions at all levels to promote growth, stability and security and peace on global level.

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