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Books > Law > International law > Public international law

The Organization of Global Negotiations - Constructing the Climate Change Regime (Hardcover): Joanna Depledge The Organization of Global Negotiations - Constructing the Climate Change Regime (Hardcover)
Joanna Depledge
R4,467 Discovery Miles 44 670 Ships in 12 - 17 working days

* An enormous contribution to the understanding of climate negotiations - the most complex and challenging international regime to date* Explains how governments need to organize ever more demanding multilateral negotiations successfully* Essential reading for those involved in climate negotiations and in planning or participating in other high-level negotiationsThe global negotiations over climate change involved over 180 countries and innumerable observers and other participants, addressing enormously complex and economically vital issues with conflicting agendas. For the UN to create an effective and well-supported international regime required enormous and very skilful organization. Using the metaphor of a theatrical production, this book shows how this was accomplished to produce the UN Framework Convention on Climate Change, the Kyoto Protocol and the subsequent Bonn and Marrakesh Accords. The author draws out the lessons and implications for other intricate and far-reaching negotiations, not all of which have succeeded so far, such as the WTO trade negotiations at Seattle and Cancun. She identifies six key elements that determine organizational effectiveness as a necessary condition for successful outcomes.

Trade Secrecy and International Transactions - Law and Practice (Hardcover): Elizabeth Rowe, Sharon K. Sandeen Trade Secrecy and International Transactions - Law and Practice (Hardcover)
Elizabeth Rowe, Sharon K. Sandeen
R4,825 Discovery Miles 48 250 Ships in 12 - 17 working days

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

International Trade and Investment Law - Multilateral, Regional and Bilateral Governance (Paperback): Rafael Leal-Arcas International Trade and Investment Law - Multilateral, Regional and Bilateral Governance (Paperback)
Rafael Leal-Arcas
R1,377 Discovery Miles 13 770 Ships in 12 - 17 working days

This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction ? regional versus global ? for the settlement of disputes.This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important.

Regulating Judicial Activity in Europe - A Guidebook to Working Practices of the Supreme Courts (Hardcover): Network of the... Regulating Judicial Activity in Europe - A Guidebook to Working Practices of the Supreme Courts (Hardcover)
Network of the Presidents of the Supreme Judicial Courts of the European Union
R2,766 Discovery Miles 27 660 Ships in 12 - 17 working days

The role of the European judiciary has, in recent years, undergone a significant upheaval that has led to a realignment of judicial, legislative and executive powers. This exciting new book provides an insider s perspective on how these changes have affected the practical aspects of life in the European judiciary.This first book in Elgar's new series on Judicial Cooperation covers areas central to the evolution of the judiciary's role, including the protection of its independence, the working conditions of the judiciaries, as well as their relations with outside partners. With great insight, the contributors to this volume explore the shifting role that courts play as both legal innovators and system stabilizers. In order to carry out these roles effectively the judiciary must strive for cooperation: this book makes a valuable contribution to that aim. Regulating Judicial Activity in Europe will appeal to researchers and graduate students as well as to EU and national officials. Contributors include: A.S.H. Gaspar, V. Lamanda, G. Londers, K. Tolksdorf

Global Environmental Law at a Crossroads (Paperback): Robert V Percival, Jolene Lin, William Piermattei Global Environmental Law at a Crossroads (Paperback)
Robert V Percival, Jolene Lin, William Piermattei
R1,436 Discovery Miles 14 360 Ships in 12 - 17 working days

The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.' - Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.' - Malgosia Fitzmaurice, Queen Mary University of London Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia. This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law. Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao

Handbook on the Law of Cultural Heritage and International Trade (Paperback): James A.R. Nafziger, Robert Kirkwood Paterson Handbook on the Law of Cultural Heritage and International Trade (Paperback)
James A.R. Nafziger, Robert Kirkwood Paterson
R1,845 Discovery Miles 18 450 Ships in 12 - 17 working days

This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research. Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource. Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schoenenberger, K. Siehr, A.F. Vrdoljak

The Development of International Law (Hardcover): geoffrey G. Butler, Geoffrey Butler, Simon MacCoby The Development of International Law (Hardcover)
geoffrey G. Butler, Geoffrey Butler, Simon MacCoby
R1,628 Discovery Miles 16 280 Ships in 12 - 17 working days

"One of the Most Valuable Contributions to the History of International Law Yet Made" J.P. Bullington, Yale Law Review This history is divided into three sections. The first, The Age of the Prince, gives the history of fundamental doctrines of international law regulating the intercourse between states on land and sea in peace and war. The second, The Age of the Judge, is chiefly devoted to commercial relations, the development of neutrality and maritime law. The third, The Age of the Concert, addresses the conference method of adjusting international problems, tracing its development and accomplishments from its introduction at the Congress of Vienna through the recently established League of Nations. Much useful information on the social and economic forces that shaped the development of international law is provided. Originally published in 1928, it addresses several issues introduced or modified during the First World War, such as aerial warfare, the right to search neutral shipping and the protection of minorities, and an early assessment of the League of Nations. Sir Geoffrey Butler 1887-1929] was a Fellow of Corpus Christi College, Cambridge, a Member of Parliament for the University of Cambridge and an expert on the procedures of the League of Nations. His books include The Tory Tradition: Bolinbroke, Disrali, Salisbury (1914), A Handbook to the League of Nations (1919, final rev. ed. 1928) and Studies in Statecraft (1920). Simon Maccoby, one of Butler's former students, was a notable historian of English politics and society. A prolific scholar and editor, his most important study is the six-volume English Radicalism (1935-1961). The most striking feature of this work is the method of treatment--quite the most effective which has yet been employed in dealing with the subject. (...) The author rarely, ventures a conclusion or an opinion, but when he does it usually reveals a strong sense of reality, and a thorough knowledge of the meaning of history. The compactness of the work reveals the immense amount of labor which must have been expended in its preparation. (...) Based on a wide knowledge of history, filtered through an objective and realistic brain, this book must take its place as one of the most valuable contributions to the history of international law yet made. J.P. Bullington, Yale Law Review 38 (1828-1929) 843, 845

Treaty Series 3044 (English/French Edition) (English, French, Paperback): United Nations Office of Legal Affairs Treaty Series 3044 (English/French Edition) (English, French, Paperback)
United Nations Office of Legal Affairs
R1,224 R1,087 Discovery Miles 10 870 Save R137 (11%) Ships in 12 - 17 working days

In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary. Conformement a l'article 102 de la Charte et aux resolutions pertinentes de l'Assemblee generale, tous les traites et accords internationaux enregistres ou classes aupres du Secretariat depuis 1946 sont publies dans le Recueil des traites. Actuellement, la collection comprend environ 30.000 traites reproduits dans leur langue d'origine, avec des traductions en anglais et en francais, si necessaire.

The Law and Business of International Project Finance - A Resource for Governments, Sponsors, Lenders, Lawyers and Project... The Law and Business of International Project Finance - A Resource for Governments, Sponsors, Lenders, Lawyers and Project Participants (Hardcover)
Scott L. Hoffman
R10,520 Discovery Miles 105 200 Ships in 12 - 17 working days

Capital-intensive projects throughout the world - including large-scale energy, infrastructure, toll road, solid waste, and recycling projects - rely on project finance as the most important financing technique available. But the complexity of project finance requires that the practitioner predict and resolve a number of potential risks involving bankruptcy, currency, and political issues, among others, and often in emerging economies. Drawing on the author's 15-plus years of experience in all types of project finance, this text is a comprehensive, multidiscipline book addressing these risks and their resolution and detailing each of the elements necessary for a successful project financing. Mirroring the structure of an actual project finance deal, this all-in-one handbook examines each step of the process, from the rationale for the project finance, through risk allocation and mitigation, to dispute resolution. Topics discussed include: financing sources; environmental issues; bilateral and multilateral support; contract aspects and typical contract terms; project contracts as credit support; project finance loan documents; collateral documents; and permits. All participants in project financing - including lenders, developers, investors, host governments, governmental agencies, multilateral and bilateral agencies, off-take purchasers, input suppliers, contractors, and operators - should find this text an accessible tool and a research database. Its combination of practical features includes: a checklist of key considerations to assist the practitioner in structuring, negotiating a reviewing a project finance transaction; a detailed glossary of project finance terms; references to legal and business books and articles relating to project finance; and sample project finance clauses and provisions with discussion and suggestions implementation. These features should enable practitioners and non-practitioners at all levels to understand the components and language of project finance and to recognize and avoid potential pitfalls.

Policing International Trade in Endangered Species - The CITES Treaty and Compliance (Hardcover): Rosalind Reeve Policing International Trade in Endangered Species - The CITES Treaty and Compliance (Hardcover)
Rosalind Reeve
R4,451 Discovery Miles 44 510 Ships in 12 - 17 working days

A comprehensive examination of the way in which the Convention on the International Trade in Endangered Species (CITES) is implemented and policed. CITES is one of the oldest international environmental agreements and has been responsible for some striking conservation successes. But, given the way it has evolved, there are also some critical weaknesses that unscrupulous countries and commercial interests can exploit, especially regarding information, institutions and enforcement. The convention needs reform and this book gives a trenchant critique, including practical and effective recommendations for change.

The Space Law Stalemate - Legal Mechanisms for Developing New Norms (Paperback): Anja Pecujlic The Space Law Stalemate - Legal Mechanisms for Developing New Norms (Paperback)
Anja Pecujlic
R1,283 Discovery Miles 12 830 Ships in 9 - 15 working days

The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development and uncertain eco-sustainability. Therefore, the prolonged legal stalemate cannot be treated simply as an academic question for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global common, thus it is essential that the ability of the norm-creation mechanism of UN COPUOS is equipped to address the ongoing changes and provide for adequate global governance. This book conducts an evaluation of the current legal state and sheds light on potential future prospects, offering an overview of the political context within which it developed, providing an assessment of the selected successful examples in international law, analysing lessons learned and makes recommendations for how the UN COPUOS legal apparatus should be modified in order to ensure that future space activities are possible beyond anarchy, greed, ecological irresponsibility, and to ensure that the principle of the peaceful uses of outer space remains the governing norm.

Defeating Impunity - Attempts at International Justice in Europe since 1914 (Hardcover): Ornella Rovetta, Pieter Lagrou Defeating Impunity - Attempts at International Justice in Europe since 1914 (Hardcover)
Ornella Rovetta, Pieter Lagrou
R3,009 Discovery Miles 30 090 Ships in 12 - 17 working days

Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Dusseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.

Treaties in Force - A List of Treaties and Other International Agreements of the United States in Force on January 1, 2020,... Treaties in Force - A List of Treaties and Other International Agreements of the United States in Force on January 1, 2020, Including the 2021-2022 Supplement (Paperback)
State Department
R1,308 Discovery Miles 13 080 Ships in 12 - 17 working days

Treaties in Force contains information on treaties and other international agreements to which the United States has become a party. The treaties presented here cover a wide range of subjects, including agricultural commodities, economic and technical cooperation, defense, education, general relations, relief supplies and packages, postal matters, extradition, and more. The appendix contains a consolidated tabulation of documents affecting copyright relations of the United States. Bilateral treaties and agreements are listed by country or entity while multilateral treaties and agreements are arranged by subject.

Tackling Terrorism in Britain - Threats, Responses, and Challenges Twenty Years After 9/11 (Paperback): Steven Greer Tackling Terrorism in Britain - Threats, Responses, and Challenges Twenty Years After 9/11 (Paperback)
Steven Greer
R1,369 Discovery Miles 13 690 Ships in 9 - 15 working days

In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the 'four Ps' of the official CONTEST counterterrorist strategy - Protect, Prepare, Prevent, and Pursue - it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.

Maritime Security and the Law of the Sea - Help or Hindrance? (Hardcover): Malcolm D. Evans, Sofia Galani Maritime Security and the Law of the Sea - Help or Hindrance? (Hardcover)
Malcolm D. Evans, Sofia Galani
R3,138 Discovery Miles 31 380 Ships in 12 - 17 working days

Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security. Featuring contributions from both expert academics and practitioners in the field, the book explores new maritime security threats posed by non-state actors, such as piracy and illegal fishing. It analyses how states have had to reconsider their understanding of maritime security and rethink the use and protection of their maritime domain in the face of modern challenges, including the robotics revolution, the rise of unmanned systems and the blue economy agenda. Providing a comprehensive analysis of the interplay between LOSC and maritime security, this is key reading for scholars of maritime law, international relations and security studies. Practitioners working in the shipping industry or fishing sector, as well as maritime law enforcement officials will benefit from the practical advice offered. 'There is increasing agreement maritime security is important, but there is still disagreement about what that implies or even what the term means. This book is a timely intervention in the debate by leading thinkers in the field. Maritime security scholars and practitioners will find it an indispensable reference.' - Douglas Guilfoyle, University of New South Wales Canberra, Australia Contributors include: R. Barnes, C. Bueger, K. Chadwick, T. Edmunds, S. Kopela, A. Murdoch, A. Petrig, V. Roeben, M. Rosello, K. Zou

International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia (Hardcover): Keyuan Zou International Law Of The Sea In The Twenty-first Century, The: State Practice In East Asia (Hardcover)
Keyuan Zou
R2,673 Discovery Miles 26 730 Ships in 10 - 15 working days

The international law of the sea is the oldest branch in traditional international law but also a fast developing branch in contemporary international law. After the entry into force of the UN Convention on the Law of the Sea in 1994, there have been considerable developments in the field of the law of the sea. Some provisions of the Convention proved to be inadequate, ambiguous or difficult for an effective implementation. This book attempts to reflect the latest developments in the law of the sea, including maritime dispute settlement, maritime boundary delimitation, non-traditional maritime security issues, and the impact of maritime powers such as the United States on the development of the law of the sea. While the book takes a holistic approach, it has made a special reference to East Asia, the most vibrant region in economic development and the most volatile place in maritime disputes in today's world.

Discrimination and Human Rights - The Case of Racism (Hardcover, New): Sandra Fredman Discrimination and Human Rights - The Case of Racism (Hardcover, New)
Sandra Fredman
R3,781 Discovery Miles 37 810 Ships in 12 - 17 working days

This set of essays constitutes a key contribution to the debate about the role of human rights law in combating race discrimination. Including essays by a range of leading experts, the book is a particularly important source of information and critical analysis for students, researchers, and policy akers aiming to understand both the new race Directive adopted by the EU, and the role of international human rights law, which was the focus of the UN world conference on racism, 2001.

Aviation Safety through the Rule of Law - ICAO's Mechanisms and Practices (Hardcover, New): J. Huang Aviation Safety through the Rule of Law - ICAO's Mechanisms and Practices (Hardcover, New)
J. Huang
R4,710 Discovery Miles 47 100 Ships in 10 - 15 working days

Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than 'as few accidents as possible'. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO's quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: - global ramifications of national and regional initiatives; - auditing of state compliance with international standards; - characterization of crimes against the safety of civil aviation; - importance of ensuring that safety requirements are not compromised by profit considerations; - burgeoning of airline alliances, code-sharing and outsourcing activities; - demands for simplification and unification of certain regulatory procedures; - prohibition of the use of weapons against civil aircraft in flight; and - development of new technology, such as satellite-based navigation systems; - importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.

New Directions in the Effective Enforcement of EU Law and Policy (Hardcover): Sara Drake, Melanie Smith New Directions in the Effective Enforcement of EU Law and Policy (Hardcover)
Sara Drake, Melanie Smith
R4,012 Discovery Miles 40 120 Ships in 12 - 17 working days

The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralised enforcement. The contributors evaluate the traditional 'dual vigilance' framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy. Contributors: E. Baker, P. Cortes, S. Drake, M. Eliantonio, M. Hobolth, M. Lottini, D.S. Martinsen, R. Murphy, C. Petrucci, J. Polak, M. Smith, J. Van der Heijden, E. Versluis

The Role of the EU in Transnational Legal Ordering - Standards, Contracts and Codes (Hardcover): Marta Cantero Gamito, Hans W.... The Role of the EU in Transnational Legal Ordering - Standards, Contracts and Codes (Hardcover)
Marta Cantero Gamito, Hans W. Micklitz
R3,861 Discovery Miles 38 610 Ships in 12 - 17 working days

This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through the examination of what are found to be the three major proxies of transnational private ordering: private standards, contracts and codes. Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards. The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law, transnational governance, and private law. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial. Contributors include: C. Busch, M. Cantero Gamito, L. de Almeida, T. Juutilainen, A. Marcacci, M. Mataija, H.-W. Micklitz, M. Paz de la C. de los Mozos, K. Pijl, G. Spindler, R. Vallejo, R. van Gestel, P. van Lochem, P. Verbruggen, B. Warwas

Mercosur - Trade and Investment Amid Financial Crisis (Hardcover): Jorge Guira Mercosur - Trade and Investment Amid Financial Crisis (Hardcover)
Jorge Guira
R6,833 Discovery Miles 68 330 Ships in 10 - 15 working days

Since its creation by the Treaty of Asuncion in 1991, the regional trade association of MERCOSUR has been plagued by financial crises in its member states. Yet it continues, albeit slowly, to meet its objectives. To its four full members (Brazil, Argentina, Paraguay, and Uruguay) it has already added Chile and Bolivia as associate members, and continues its negotiations with the Andean Community and even with Mexico. This book by a leading authority on the subject is the first full-length analysis of the viability of MERCOSUR as an effective engine of economic development. Drawing on vast reservoirs of expertise and insight, Professor Guira considers the phenomenon of MERCOSUR in all its real-world and theoretical contexts, from forces inherent in Latin American history to its role in a global trading regime dominated by the WTO, the IMF, the EU, and NAFTA. He provides in-depth commentary on the nexus between the economic crises of member states (particularly Brazil and Argentina) and the multiple and complex linkages that animate MERCOSUR s continuing and distinct identity. He finds that, despite the modest effect to date of MERCOSUR on the economic development of its member states, the laws and institutions that characterise the organisation are now sufficiently established to weather the confidence-building challenge that must be met and overcome if the major Latin American nations are to play a role in global commerce that matches their enormous economic significance. Every scholar, practitioner, official, and policymaker working anywhere in the fields of international trade law or international relations must read this book. In putting together the world trade puzzle, players oftenfind that the MERCOSUR piece is missing or incomplete. With the publication of this book, a major deficiency is fully remedied.

International Fisheries Management (Hardcover): Stuart B. Kaye International Fisheries Management (Hardcover)
Stuart B. Kaye
R10,524 Discovery Miles 105 240 Ships in 10 - 15 working days

While the size of the world's fishing catch remains at a constant level, current fishing practices are placing increasing pressure on stocks, and in turn threatening the communities which rely on them. This work examines the role of international law in dealing with this crisis in world fisheries, discussing the principles of marine living resource management found in contemporary international law, and analysing the means by which those principles are implemented. The study is focused around the two principal approaches to fisheries management: the first based upon maximising the yield of particular stocks, and reflected in the content of the 1982 United Nations Convention on the Law of the Sea; and the second founded on the precautionary approach and the associated notion of risk assessment, which encourage taking into account the management of the entire ecosystem. The author explores the legal bases of these different approaches and charts their development in international law. The work makes a comparative analysis of the two systems with reference to two international conventions, operating in analogous polar environments: the Bering Sea "Doughnut Hole" Convention, designed to preserve the pollock stock in the central area of the Bering Sea; and the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), designed to manage all the elements of the marine ecosystem of the Southern Ocean. The author concludes with a discussion of the difficulties common to both approaches in the area of compliance, and proposes a number of mechanisms by which the management of stocks could be improved.

Social Rights in Europe (Hardcover, New): Grainne de Burca, Bruno de Witte Social Rights in Europe (Hardcover, New)
Grainne de Burca, Bruno de Witte; Edited by (associates) Larissa Ogertschnig
R2,663 Discovery Miles 26 630 Ships in 10 - 15 working days

Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe in recent years. The debate over the justiciability of social rights in the EU's Charter of Fundamental Rights, and the revision of the Council of Europe's European Social Charter, have contributed in different ways to this prominence. The chapters in this book examine these recent developments, and discuss some of the current dilemmas and challenges for the system of protection of social rights in Europe. The collection moves deliberately beyond the traditional focus on labour rights to consider other social rights which are seen to be of growing importance, such as health and disability in particular. Writers who are familiar with, and in some cases who have worked within, the various European systems assess different aspects of their functioning, including their respective mechanisms for monitoring and enforcement. The relationship between the two main systems of protection of social rights (The EU Charter of Fundamental Rights and the European Social Charter) is considered both in a chapter on the possibility for future accession of the EU to the ESC, as well as through a series of case studies on the right to work, to health, to freedom from discrimination, and the rights of the disabled. This approach allows reflection on the respective strengths and weaknesses of these two systems, and the existing tensions and synergies between them.

From Here to Sustainability - Politics in the Real World (Paperback): Ian Christie From Here to Sustainability - Politics in the Real World (Paperback)
Ian Christie; Edited by Diane Warburton
R912 Discovery Miles 9 120 Ships in 12 - 17 working days

For a large proportion of the electorate, national politics misses the real issues. As a result, membership of campaigning organizations has soared whilst party numbers have declined. This work distils the principles and priorities of many of the leading voluntary groups into a strong and coherent programme of political aims and actions. The problem can be measured as a "sustainability gap" - between official policies and achievements and actual democratic participation, environmental restoration and the eradication of poverty. With examples and short case studies, the book translates the gap into practical and realistic recommendations for progress.

Judicial Responsibility and Coups d'Etat - Judging Against Unconstitutional Usurpation of Power (Paperback): Kriangsak... Judicial Responsibility and Coups d'Etat - Judging Against Unconstitutional Usurpation of Power (Paperback)
Kriangsak Kittichaisaree
R1,205 Discovery Miles 12 050 Ships in 9 - 15 working days

This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d'etat). It explores judges' liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d'etat. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.

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