Critically assesses the impact of Richard A. Falk's scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Will be a useful book for scholars and students of international law, global governance, political theory and international relations theory, and for those studying human security, international organizations and transnational activism.

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyze all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key features include: ? extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases? exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master?'s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people's understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people's concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

As demonstrated in New Orleans, the vast human and financial costs of natural and human-induced disasters are often needlessly high as a result of poor planning and response stemming from inadequate disaster policy. This new handbook, from two top global authorities in the field, shows how to construct a coherent, relevant and effective policy framework. It is a vital read for all disaster policy makers, planners, managers and governments. From the Asian tsunami to hurricanes Katrina and Rita to the recent earthquake in Pakistan, disasters both natural and human-induced are leading to spiralling costs in terms of human lives, the destruction of homes, businesses, public buildings and infrastructure and the resulting financial and human crises that inevitably follow in the wake of such catastrophes. Yet the failures in planning for, and responding to, such disasters can often be traced to poor disaster policies that are unsuited to the emerging scales of the problems they confront and the lack of institutional capacity to implement plans and manage disasters when they happen.This handbook, written by two top authorities on disaster policy and management, seeks to overcome this mismatch and to guide the examination and development of a policy and institutional framework and associated strategies. In particular, for the first time it brings together into a coherent framework the insights of public policy, institutional design and emergency and disaster management, stressing the cognate nature of policy and institutional challenges between disasters and sustainability. This is indispensable reading for all disaster planners, policy makers and managers across the world seeking to improve the quality, robustness and capacity of their disaster management.

* Specifically aimed at US courses in International Law, this text is authoritative, comprehensive, and distinctively readable. * Emphasizes the structure and process of the international legal system in a unique chapter on this subject as well as throughout the text-important for US students. * Covers key cases and treaties in well-structured feature boxes outlining the Facts, Issues, Decisions, and Reasoning for each case. * Completely up-to-date and streamlined in light of reviews and recent developments in international law including new material on "shark poaching," Space X, cyber-attacks, Belarus, and refugee crises from Ethiopia to Syria, among others. * Reinstates popular chapter on International Economic Law from earlier editions, updated and expanded. * Renews an online resource for students and professors, responding to reviewers.

This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience - States, applicants and public opinion - of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one's private life. The authors look for paths, repetitive patterns of argumentation, and divide them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal, and at the same time pragmatic and axiologically neutral narrative, on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of Jurisprudence, Human Rights Law, and Law and Language.

Examining fisheries, Brexit, the Trade and Cooperation Agreement (TCA) and its consequences for the Fishing Industry in the UK and the EU, this book explores key issues within the complex topic of fisheries after Brexit. Assessing the new fishing relationship between the UK and the EU, which will continue to develop over the next decade, it provides an important study of the state of fisheries post-Brexit. Taking a cross-cutting economic, legal and policy approach, the book outlines the social and economic impacts of Brexit on the UK and EU fishing industries. It critically analyses the provisions relevant to fisheries in the TCA, reflects on the bilateral fishing negotiations between the EU, UK and Norway, providing inferences as to what the "new and special relationship" might be in fisheries. It then focuses on the 2020 Fisheries Act and explores internal divergences in the nations of the UK because of devolution. Taking an international approach, the work offers an exploration of cooperation in fisheries enforcement, international and regional obligations in marine conservation, and the new horizons for the UK in international fisheries organizations and arrangements now it is no longer a member of the EU. It offers an overview of expert opinion on fisheries post-Brexit, highlighting lessons learned and future developments for fisheries in a post-Brexit world. Having finally signed the Trade and Cooperation Agreement on 31 December 2020 after tense negotiations, the United Kingdom and European Union have found themselves in a new fisheries relationship. This book maps the complex social, economic, legal and policy issues of fisheries in a post-Brexit world and will be of interest to stakeholders and scholars.

This book examines accountability issues and the problems of regulating non-governmental organisations (NGOs) through self-regulation. It focuses on methods of self-regulation for NGOs in response to prominent scandals that revealed problems with their accountability, notably the 'Mafia Capitale' scandal in Italy and the Oxfam GB scandal in Haiti. It also touches upon other accountability failures, including the allegations against the WWF of facilitating human rights abuses of indigenous groups in Cameroon. The work brings a legal approach to the topic of NGO self-regulation and accountability, contributing to the academic and policy debate in several ways. It advances a brand-new theoretical model to explain the reasons behind NGOs non-compliance with self-regulation, examines the reasons for self-regulation failures, identifies new accountability routes, and recommends proposals for sectoral reform. The book will be of great interest to scholars, researchers and PhD students who work in the area of NGO regulation and accountability from a legal perspective as well as to accountability and NGO scholars working in other disciplines. It will also appeal to practitioners and policymakers who work on the development of NGO policies.

This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.

The information provided in this book aims to provide a starting point for foreign investors in their investigation of the environmental regulations and the related social priorities which will have an increasing impact on their investment decisions and strategies. Lawyers from Austria, Australia, Belgium, Canada, Denmark, England, Finland, France, Germany, Greece, Ireland, Italy, Norway, Portugal, Spain, Sweden, Switzerland, The Netherlands, and the United States have combined to provide this analytical overview of the regulatory schemes and major environmental issues in their respective jurisdictions. A separate chapter is included on the rules of the EC.

How big a problem is torture? Are the right things being done to prevent it? What does the UN do, and why does it appear at times to be so impotent in the face of torture? In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening in places of detention around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to be in a better position to bring about change. The author draws on over ten years’ experience as the Chair of the United Nations Sub-Committee for Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, what it has not been able to achieve – and most importantly, why.

Gender equality rights are fundamental human rights that are recognized in international human rights treaties, which bind states to eliminate gender discrimination formally and in practice. Islam is recognized as the official religion in the constitutional law of Islamic countries; religious scholars have the competence to interpret Islamic law, resulting in creating a series of unequal rights for women based on Islamic law, which often continues in legal structures. Nevertheless, a majority of Islamic countries have ratified the international human rights treaties but have put reservations in place based on Sharia concerning articles on gender equality rights. Therefore, this dissertation addressed that the degree to which international law has accepted gender discrimination for religious reasons.

Attesting to the ever-increasing presence and influence of Islamism is the emergence of Islamic State of Iraq and the Levant. This newfangled theocracy is a constant source of inversions and shockwaves. But, while Islamism, Statehood and Human Rights does not give a day-to-day account of events in the newly created state, it does look in depth at the worldviews that shape public policies and law in the 21st century world of Islam. At the heart of this book is the question of whether religious and political philosophies of contemporary Islamic regimes are compatible with human rights originating from the secular tradition of the West. Islamism, Statehood and Human Rights contributes to the ongoing universalist-relativist debate in international relations and law. It examines two different worlds with competing perspectives on international human rights: firstly, a world where all humans are, by nature, entitled to human rights, and secondly a world where religious identity is a requirement for human rights. The former world of entitlement usually consists of secular societies where efforts are consistently made to ensure the separation of Church and State. In the latter world however, there is a hypostatic union between Church and State. Political and legal authority is stamped on the minds of citizens or subjects through religion. Rights, some theocrats believe, are divinely ordained and ascribed to members of a given community of faith.Informing the interdisciplinary research is a spirited desire for ethnographic understanding in multicultural societies and for peaceful co-existence within modern multi-religious states, which are often divided and threatened not only by religion but also by the manipulation of laws derived from religiously based traditions. Islamism, Statehood and Human Rights accordingly investigates and analyses how law, politics and religion interact in such local and international public arenas.

Common Heritage or Common Burden? contains a comprehensive and authoritative assessment of the US role in the negotiations on the UN Convention on the Law of the Sea and particularly in the negotiations on one of the remaining commons, the ocean floor beyond national jurisdiction. The author first examines the US view of the lawfulness of deep seabed mining under international law. He reviews the bureaucratic struggles, within the US Administration and the Congress, concerning the options to be pursued at the Conference; analyses the US position in the seabed negotiations from 1974 to 1980; and casts a fresh look both on the Reagan Administration's `policy review' of 1981-1982 which threatened the Conference's outcome, and current US oceans policy which remains an impediment to the Convention's early entry into force. The study suggests that despite significant compromises negotiated between the US and developing countries at the Conference up to 1980, the emerging seabed regime was not as widely endorsed by US officials as is generally assumed. Drawing on material collected from interviews with many key negotiators, the study contributes to a better understanding of domestic and international decision-making procedures and the dynamics of international negotiations.

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.' - Pall Hreinsson, EFTA-Court'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.' - Gudmundur Alfredsson, University of Akureyri, Iceland What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Climate change is modifying, in varying measure, the coastal geography of States. The phenomenon is not temporary but is expected to carry on during the 21st century and beyond. A distinctive feature of modern international law is the concept of maritime zones. Each maritime area is subject to an intricate scheme of States’ rights and obligations. Coastal geography is a fundamental component of a long-standing method, developed and agreed upon between States, to establish the outward limits of these areas. A feature of this method is the baseline. In international law it is the only reference line from where the outward limits of maritime zones are measured. There are clear rules on how this is established along a coast. There is a concern amongst a number of States that rising sea water levels as a result of climate change may compel them to shift their baselines inward thus affecting the outward limits of their maritime zones. It is clear that the stability of maritime boundaries is put into question and this may bring about serious political, legal and economic repercussions. This concern may also affect the outcome of dispute settlement procedures before a competent international court or tribunal the purpose of which is to resolve overlapping maritime claims. Key questions emerge. What is the role played by coastal geography in the legal regime determining the outward limits of maritime zones? What are the consequences of changes to coastal geography? To what extent are dispute settlement procedures before a Court or Tribunal immune from this concern? Is international law able to address this? If so, in what way and what are its limits? What can be done to resolve this?

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

The study of Law forms a component of many undergraduate and postgraduate programs. Its inclusion does not aim to equip business practitioners with skill and expertise to render professional legal advice unnecessary, but more to provide a legal framework of reference in which both strategic and more immediate business issues can be placed. Equipping managers with a basic understanding of how law impacts upon business activity can help them avoid legal pitfalls in the first place or at least identify potential problems at an early stage, to avoid inconvenience and cost.
International business can present problems that are not present in a purely domestic transaction. Any law component in a management program should embrace it and by doing so the business practitioner can be familiarized with the wider picture in which modern business, aided by technological development, is increasingly practiced.
* Shows the legal dimensions in managerial decisions both nationally and internationally
* Familiarizes the reader with legal issues from a practical business perspective in plain and jargon-free language
* Uses numerous examples to illustrate the legal principles under consideration

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.