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.

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.

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 If a provision of a tax treaty is in conflict with the EC Treaty, it is superseded by the Treaty provisions.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.

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.

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.

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.

The book examines the economic crisis in the European Union and its consequences for European integration and the member states. Discussing the provisions introduced by the Treaty of Lisbon, from the effects of macroeconomic monitoring to the restraints produced by the Fiscal Compact, it offers an analysis of the European Union's current situation and the effects of the measures adopted to manage the crisis, also making reference to how Europe is perceived by its citizens. Moreover, the chapters offer thoughts on the European integration process, in particular the effects that the policies adopted to tackle the crisis have had on the economic and financial sovereignty of the member states. This detailed examination of the situation of the EU between the Treaty of Lisbon and the Fiscal Compact is characterized by an original multidisciplinary approach that offers an articulate reflection on the criticalities that affect the actions of both European and national institutions.

The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.

This study is written for those who seek effective ways of controlling environmental pollution. Indeed, many developing and East European states look to the experience of the United States and Western Europe. The book does not, however, concentrate on any one system of control or control laws, but succeeds in introducing the exact nature of pollution problems and the variety of ways in which effective control and management have been achieved. Rather than advocate a ready-made system, lessons are drawn for example from the UK, USA, Sweden, Denmark, France, Germany and New Zealand, and instructive legislative samples are reproduced, the place of international obligations being clearly marked out. The wide-ranging comparative approach adopted renders this handbook yet more valuable, based as it is on the premise that a control system is better if it is built on existing institutional and legal structures. It should interest all who advise on environmental matters on a daily basis, particularly senior administrators, policy makers, institutions, legal advisers and researchers.

This book provides practical solutions for addressing energy efficiency as a clause term within a charter party contract. For this, upon a reflection of the regulatory craft, it analyzes key concepts of case law, and discusses them together with commercial and economic principles. In this way, the book aims at offering a comprehensive, interdisciplinary view of the chartering process, together with a new approach for safeguarding energy efficiency investments. A special emphasis is given to the maritime industry. Here, the newly developed framework, based on game theory, has been successfully applied to demonstrate the importance of including a clause term in contract negotiation to achieve protection against both an uncertain market and an even more challenging shipping environment. The book not only fills a gap in the literature, covering a topic that has been largely neglected to date, yet it offers researchers and practitioners extensive information to change the chartering process radically.

This book discusses global mobile satellite communications (GMSC) for maritime, land (road and rail), and aeronautical applications. It covers how these enable connections between moving objects such as ships, road and rail vehicles and aircrafts on one hand, and ground telecommunications subscribers through the medium of communications satellites, ground earth stations, Terrestrial Telecommunication Networks (TTN), Internet Service Providers (ISP) and other wireless and landline telecommunications providers. The new edition covers new developments and initiatives that have resulted in land and aeronautical applications and the introduction of new satellite constellations in non-geostationary orbits and projects of new hybrid satellite constellations. The book presents current GMSC trends, mobile system concepts and network architecture using a simple mode of style with understandable technical information, characteristics, graphics, illustrations and mathematics equations. It represents telecommunications technique and technology, which can be useful for all technical staff on vessels at sea and rivers, on all types of land vehicles, on planes, on off shore constructions and for everyone possessing satellite communications handset phones. The first edition of Global Mobile Satellite Communications (Springer, 2005) was split into two books for the second edition - one on applications and one on theory. This book presents global mobile satellite communications applications.

This book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law.

This book presents a creative synthesis of two ostensibly disparate fields of law - arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena - exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties' right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.

The 2005 UNESCO Convention on Cultural Diversity is a landmark agreement in modern international law of culture. It reflects the diverse and pluralist understanding of culture, as well as its growing commercial dimension. Thirty diplomats, practitioners and academics explain and assess this important agreement in a commentary style. Article by article, the evolution, concepts, contents and implications of the Convention are analysed in depth and are complemented by valuable recommendations for implementation. In an unprecedented way, the book draws on the first-hand insights of negotiators and on the experience of practitioners in implementation, including international cooperation, and combines this with a good deal of critical academic reflection. It is a valuable guide for those who deal with the Convention and its implementation in governments, diplomacy, international organizations, cultural institutions and non-governmental organizations and will also serve as an important resource for academic work in such fields as international law and international relations.

The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is "constitutional identity", a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State's power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).

This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, 'non-kinetic' targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.

This work, perhaps for the first time, provides a description of the great variety of proposals at EEC level for the reform and harmonisation of intellectual property law. It addresses patents, copyright and neighbouring rights, trade marks, biotechnology, semiconductor chips, topography right, industrial designs and plant breeders' rights. Save as required for the purpose of shedding light on the EEC proposals, it does not attempt to examine member states' national laws. In the case of industrial designs, where no harmonisation has yet been proposed, a very brief survey of national jurisdictions is presented. There is a useful appendix of documents, a bibliography and index. This practical handbook will prove invaluable to practitioners, both in the IP field and non-specialists, seeking up-to-date information on European developments, including solicitors, barristers, patent agents and trade mark agents in private practice, commerce and industry throughout the EEC and in Member States' major trading partners.

"With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania"

Simona u uianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a "Responsibility to protect" doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations.

The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today.

The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region." "It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book.

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Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others--with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one's life through the relationships and the societal structures we inhabit. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law

Based on official records and reports, relevant secondary sources, and observations of members of the Convention's implementary organ, The Convention on the Rights of the Child describes and evaluates the first international human rights treaty to deal specifically with the rights and freedoms of the child. Mower deals first with the significance, origin, and development of the Convention on the Rights of the Child, then describes and analyzes its substantative content, procedures, and mechanisms for the Convention's implementation. He concludes with an examination of the factors that are most likely to determine the rate of progress toward the realization of the convention's goals. Based on official records, relevant secondary sources, and observations of members of the Convention's implementary organ, the book will be of considerable use to scholars and researchers in the fields of human rights and children's welfare.

The 2008 UNCITRAL Convention commonly known as the Rotterdam Rules promises to achieve the hitherto elusive goal of a legal unification of international transport contracts. Its innovative set of rules accommodates such modern trade practices as those treating the carriage of goods by sea as part of wider door-to-door commercial transport operations and those relying on electronic commerce. It closes many gaps in the existing international transport regime, thoroughly specifying the relation of transport documents to the rights and obligations between exporters and importers of goods, and clarifying the interests of credit and insurance in contracts of carriage. This remarkable book, which will examine the Rotterdam Rules in depth, is edited and written by international lawyers intimately familiar with the negotiations leading to the Convention in finished form. It proceeds by a detailed analysis of each of the Convention's 18 chapters in turn, in a clause-by-clause manner, drawing attention to interlinking implications throughout the document. The book's lucid insights and guidance are especially valuable in showing exactly how the Rules improve the existing international transport regime through its clearer and more complete regulation of such elements as the following: allocation of burden of proof; evidentiary value of transport documents and electronic records, including non-negotiable documents and records; freedom of contract in respect of volume contracts; continuous character of the obligation of seaworthiness; limits of liability; rights during transit; recovery of loss of and damage to goods caused by accidents of navigation; and, jurisdiction and arbitration. It also includes: role of subcontracted carriers both on sea and inland; role of warehouses, transport terminals and stevedoring companies; risks and contract practices of lenders; interests of freight forwarders, cargo insurers and liability insurers; and, prevention of maritime fraud. The authors provide a crystal-clear picture that allows the reader to appreciate the balanced way in which the interests of the various stakeholders are addressed by the Rules - the greater legal certainty for each party's legal position, the freedom to extend the Rules by contract to the whole transport operation, the clear legal basis for the use of electronic transport records, and the flexibility with which the Rules have left room for evolving trade practices. It will be of immeasurable value to practitioners and all parties interested in understanding how the new Convention operates and how the provisions are intended to be applied after the Convention comes into force.

In the law of contracts, the term "internationalization" has come to mean the removal of transactions from any nation's legal standards, system of dispute resolution, or commercial practices. The benefits include avoidance of choice-of-law and venue deadlocks, use of clearly defined terms (sometimes specialized for a particular industry) that have attained general international usage, and escape from the jurisdiction of unacceptable laws, legal systems and courts. The trend has picked up speed in recent years, to the point where many business people want their contracts "internationalized" as a matter of course. This volume focuses on the elements that make a contract "international" in the new sense, and the interrelationships between those elements, rather than on the constantly changing mass of attendant detail. It provides an understanding of the principles that underlie the structure of a sound international commercial contract, and aims to give the practitioner the insight necessary to negotiate such a contract successfully, whatever the particular circumstances. To clarify such an understanding of "internationalization", the author describes and analyzes aspects of the following international contract law regimes: the United Nations convention on contracts for the international sale of goods (CISG); the UNIDROIT principles; CISG and UNIDROIT jurisprudence; the "lex mercatoria" and other international, regional, and national contract law principles; privately established rules, standards and certifications; model contracts, provisions, and standards; and international commercial arbitration regimes and other non-national dispute resolution fora. A final chapter deals exclusively with practical applications - when to and when not to "internationalize" a contract, how to plan for effectiveness and the best advantage, and selecting appropriate and consistent devices for "internationalization".

This reference work examines the procedure and practice relating to commercial agreements and trade association practices under UK and EC competition laws. It first covers procedure in both the UK and EC, and then provides a detailed comparative analysis of all the major types of commercial agreements and trade association practices in both UK and EC law. Since much of competition law is, in practice, administered by administrative rather than judicial bodies, full treatment is given to the informal administrative solutions applied by the authorities. However, as an increasing amount of competition law is subject to litigation, there is also in-depth analysis of all the major cases. There is also a full discussion of the EC block exemptions and recent developments in UK competition law.

The desperate need for a vast part of the global population to access better medicines in more certain ways is one of the biggest concerns of the modern era.
"Pills for the Poorest" offers a new perspective on the much-debated issue of the links between intellectual property and access to medication. Using ethnographic case studies in Djibouti and Ghana, and insights from actor-network theory, it explores the ways in which TRIPs and pharmaceutical patents are translated in the daily practices of those who purchase, distribute, and use (or fail to use) medicines in sub-Saharan Africa. It suggests that focusing on routine practices and the material deployment of intellectual property significantly enriches our understanding of the complex dynamics that animate the field of access to medicines and helps relocate the role of law within those processes. It demonstrates how intellectual property affects access to medicines in ways that are often discreet, indirect and forgotten. By exploring these complex mechanisms, it seeks to ask questions about the modes of actions of pharmaceutical patents, but also, more generally, about the complexity of legal objects.

The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.