This book strives to take stock of current achievements and existing challenges in nuclear verification, identify the available information and gaps that can act as drivers for exploring new approaches to verification strategies and technologies. With the practical application of the systems concept to nuclear disarmament scenarios and other, non-nuclear verification fields, it investigates, where greater transparency and confidence could be achieved in pursuit of new national or international nonproliferation and arms reduction efforts. A final discussion looks at how, in the absence of formal government-to-government negotiations, experts can take practical steps to advance the technical development of these concepts.

The new security challenges that have arisen as a result of the rise in prominence of global terrorism have presented the European Union with a unique opportunity to rebrand itself as dominant force on the international stage. Traditionally viewed as a weak actor, it efforts to promote intelligence-sharing and by instituting wide-ranging cooperation between national police forces have ensured that the EU is well-placed to combat the challenges posed by global terrorism and have given it renewed vigour as an international actor. Through contributions from experts on the EU and global security, this book discusses the measures taken by the European Union to counter terrorism at a both national and global level as well as drawing wider conclusions on the nature and success of the confederation as an international security actor focusing specifically on JHA policy. This volume provides an original and much needed contribution to the literature on EU security governance at the global level.

The Role of Customs in International Treaties concentrates on issues of friction between member states of the United Nations. In view of the role played by the United Nations in resolving international disputes, Dimitris Liakopoulos hypothesizes that ""practical guides"" based on custom often catalyze the positions taken by states, courts, scholars, and other actors, constituting an ""orthodox"" position against which formulaic legal opposition will become predictably more difficult. In addition to reiterating what some would say are obvious, on some particularly controversial issues, the United Nations has essentially chosen not to take a position and allowed customs to define conflict resolution.

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

This work analyzes the commercial, legal and financial aspects of the complex process of developing an international energy project for the production and marketing of liquefied natural gas (LNG). The authors describe the essential chains in the commercialization of natural gas as LNG: entrepreneurial aspects; functional LNG facilities; and a linked series of contracts and contractual relationships. The expert contributions show the import and significance of the crucial dependent factors that appear and reappear in all stages of a successful LNG project. Each activity, each facility, each contract must be understood in the context of the overall project development process. By providing an understanding of the whole, this book aims to inform the performance of those who have personal responsibility for only a small part in the development and implementation of an LNG project.

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.

Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of theirincreasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

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This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book's contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a "sovereignty modern" approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people's expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of "judicial activity" to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.

Progress is a familiar slogan in international law, commonly used to accompany claims for improvement or change. At the same time, the notion of progress is rarely explored as such in the literature. The book begins to address this gap by examining the function of the notion of progress in international law rhetoric and writing. By looking at three concrete case studies taken from 'everyday' international law, the book concentrates on explaining 'what is it' that makes a specific international law event synonymous with progress. The book engages questions of narrativity, objectivity, and truth in some of international law's founding progress narratives. The book is valuable reading for international law academics and practitioners alike, especially for those interested in the history and theory of international law. Dr. Thomas Skouteris is currently Associate Professor and Director of the Ibrahim Shihata Memorial LLM Program in International and Comparative Law at The American University in Cairo as well as Secretary General of the European Society of International Law. Before AUC, Skouteris taught at the Faculty of Law of Leiden University and other universities as Visiting Professor. He is General Editor of the Leiden Journal of International Law and he teaches and publishes in public international law, legal history and theory, international dispute settlement, and international criminal law.

The impact of United States jurisprudence on air carrier liability involving international air transportation has been so great over many decades that it is not unreasonable to conceive of that body of jurisprudence as the principal source for the interpretation and application of the uniform rules relating to air carrier liability in the international transportation by air of passengers, baggage and cargo, as envisioned by the original drafters of the Warsaw Convention of 1929. Hence, an in-depth analysis of this body of jurisprudence, such as is presented in this indispensable book, constitutes, for all practical purposes, the preeminent treatise on international air transportation liability - all the more so, in that the drafters of the 1999 Montreal Convention (MC99) were determined not to erode in any way this established body of Warsaw Convention jurisprudence when interpreting and applying the 1999 successor instrument, MC99. George Tompkins, a leading authority with world wide recognition on the interpretation and application of international private air law agreements, - and himself among the drafters of MC99 - here lays out the rich fruit of his vast personal experience in handling cases and controversies in the Courts of the United States involving the application of the liability rules of the Warsaw Convention and now MC99. The resulting publication is an essential legal guide for determining and resolving claims governed by one or more of the international law instruments that comprise the Warsaw Liability System, which consists of the 1929 Warsaw Convention, the 1955 Hague Protocol, the 1961 Guadalajara Convention, the 1975 Montreal Protocol No. 4 and various intercarrier agreements (applicable only to claims involving passenger death or bodily injury governed by the Warsaw Convention) all now superseded and governed by MC99. Among the multitude of topics covered in depth, users of this book will find the following: ‒ When the liability rules of MC99 or one of the predecessor Warsaw Liability System instruments is applicable to a claim; ‒ What triggers liability under the applicable instrument; ‒ Who can make a claim against the air carrier; ‒ Who can file a legal action for damages; ‒ Where the action must be brought--Jurisdiction; ‒ When the action must be brought-Limitations period; ‒ What law applies in determining the recoverable damages; ‒ Limitations on recoverable damages; ‒ The accepted definitions of key terms in the Convention Rules, such as carrierA", accidentA", bodily injuryA", operations of embarking disembarkingA", destinationA"; ‒ The treatment of mental injury claims; ‒ Liability for delay; ‒ Defenses available to the carrier; ‒ Willful misconduct of the carrier. The author explains the required particulars for establishing the liability of the air carrier in detail under a wide variety of circumstances, and clearly defines all terms - especially such contentious terms as 'willful misconduct,' 'accident', 'bodily injury', 'embarking', 'disembarking' 'destination' - as their applicability varies under successive conventions and protocols as interpreted and applied in years of court decisions. As a thorough summary and critique of the interpretation and application of the 70-year body of Warsaw Convention jurisprudence, this unmatched publication provides a convenient one-volume basis for the development of a body of MC99 jurisprudence. It also is an incomparable practical guide for the use and benefit of everyone involved in the practice or study of international private air law, including lawyers, airline in-house counsel, international aviation organizations, aviation liability insurers and re-insurers, aviation insurance brokers, aviation-related departments of national governments, judges, law clerks, students and teachers.

Due to the fact that no attempt to create uniform law for multimodal carriage has as yet met with success, transport law has no adequate means to create certainty as to the legal consequences of any loss, damage or delay of cargo resulting from multimodal carriage contracts. A fragmented, complex and inconsistent liability patchwork - which involves regional, subregional and national laws usually focused on unimodal transport, supplemented by contractual standard rules created by the industry - serves as an international liability framework. The consequence of this state of affairs is that the applicable liability rules vary greatly from case to case and give rise to uncertainty concerning the extent of a multimodal carrier's liability in a given situation. Indeed, according to a 2003 UNCTAD survey, most parties involved in the transport industry do not consider the existing legal framework for multimodal transportation to be satisfactory or even cost-effective. Now, progressing through an in-depth analysis of the exact nature of the international multimodal carriage contract, this important study assesses how the most advantageous law applicable to a multimodal contract may be uncovered. Using the ideas, legislation and case law on multimodal carriage in the legal systems of Germany, The Netherlands and England to anchor her presentation, the author offers a thorough investigation of the existing framework of carriage law, the applicable rules of private international law, and the options provided by choice of law based on contractual conditions. In the course of the analysis all essential issues are scrutinized, including the following: ‒ whether the modes of transport to be used may be left open by the contract; ‒ time bars on protest and litigation and when they commence; ‒ carriage documentation; ‒ liability of the carrier for subcontractors; ‒ planning for 'friction costs'; ‒ rules on jurisdiction and the resulting forum shopping practice; ‒ instances where conventions overlap, or when no existing carriage regime applies; ‒ damage or loss that occurs at the point where one unimodal regime ends and another begins; ‒ damage or loss brought about by multiple causes; and ‒ rights and obligations attached to delivery. No comparable treatise exists on which rules may govern international multimodal contracts for the carriage of goods and under what conditions they will do so, and this book is thus an indispensable asset to the work of any practitioner or official connected with international transport. In addition, the author presents a detailed review of the various drafts and propositions that have been on offer in recent years, and submits a well-thought-out proposal for a set of multimodal transport rules to alleviate the difficulties that currently plague this area of carriage law.

This compelling research review discusses the major literary contributions to the economic analysis of the consequences of trade liberalization on growth, productivity, labor market outcomes and economic inequality. Examining the classical theories that stress gains from trade stemming from comparative advantage, the review also analyses more recent theories of imperfect competition, where any potential gains from trade can stem from competitive effects or the international transmission of knowledge. Empirical contributions provide evidence regarding the explanatory power of these various theories, including work on the effects of trade openness on economic growth, wages, and income inequality, as well as evidence on the effects of trade on firm productivity, entry and exit. This review will be an invaluable research resource for academics, practitioners and those drawn to this fascinating topic.

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court's role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this "inevitable element of judicial interpretation" has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.

Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law. The contributors reflect the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each. Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy-makers. Contributors include: E. Benvenisti, L. Boisson De Chazournes, B. Delcourt, A. Fabbricotti, A. Gianelli, E. Kica, U. Kohut, C. Leb, T.A. Lehmann, M.K. Lewis, P. Merkouris, A. Nollkaemper, M. Panizzon, N. Petersen, P.B. Stephan, J.P. Trachtman, A. Van Aaken, D. Vitiello, A. Von Staden, R.A. Wessel, J. Wouters

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people's behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.

This book is the most updated and comprehensive look at efforts to protect the Amazon, home to half of the world's remaining tropical forests. In the past five years, the Basin's countries have become the cutting edge of environmental enforcement through formation of constitutional protections, military operations, stringent laws, police forces, judicial procedures and societal efforts that together break through barriers that have long restrained decisive action. Even such advances, though, struggle to curb devastation by oil extraction, mining, logging, dams, pollution, and other forms of ecocide. In every country, environmental protection is crippled by politics, bureaucracy, unclear laws, untrained officials, small budgets, regional rivalries, inter-ministerial competition, collusion with criminals, and the global demand for oils and minerals. Countries are better at creating environmental agencies, that is, than making sure that they work. This book explains why, with country studies written by those on the front lines-from national enforcement directors to biologists and activists.

This book challenges the quasi-consensus that Latin American countries dominate global homicide rankings mainly due to the illegal nature of drug production and trafficking. Building on US scholarship that looks at the role of social exclusion and discriminatory policing in drug violence, the authors of this volume show that the association between illegality and violence cannot be divorced from the inequality that prevails in those countries. This book looks in detail at the functioning of drug markets in Recife, the largest metropolitan area in Brazil's North-East and, over the last 25 years, the heart of the country's most violent metropolitan area. Building on extensive interviews and field work, the authors map out the city's drug markets and explore the reasons why some of those markets are violent, and others are not. The analysis focuses on the micromechanics of each market, looking at consumption patterns and at the workings of retail sales and distribution. Such a systematic micro-level comparative analysis of the workings of Latin American drug markets is simply not available elsewhere in current literature. These findings point to significant gaps in current understandings of the link between illegal markets and violence, and they illuminate the need to factor in the way in which those markets are nested in exclusionary social contexts.

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.

This book aims to advance the understanding of pre-commercial procurement (PCP) as innovation policy instrument and as means to fulfil public needs. To this end, it places PCP within its political and legal context and elucidates its origins and its economic rationale. Based on this analysis, it suggests a clear conceptualization of PCP and a clear delineation from other innovation policy instruments. Subsequently, the book assesses the value and achievements of the more established type of PCP policy programmes, and draws lessons for improvement. In this context, it raises awareness of the remaining obstacles to its wide and effective implementation and suggests appropriate solutions ranging from policy guidance to law interpretation and legislative reform. The text makes use of illustrative practical examples of policy-making and project implementation in various public programmes of R&D procurement. This is a highly relevant book for academics and practitioners in the field of public procurement. Ramona Apostol is Senior Procurement Adviser at Corvers Procurement Services B.V. in the Netherlands. She holds a Ph.D. in Law from Leiden University, the Netherlands. She has been involved in a wide range of procurement projects related to the implementation of R&D and innovation procurement and regularly acts as independent expert for the European Commission on this topic.

Fair Trade In CSR Strategy of Global Retailers shows how retailers can improve the success of their fair trade strategy. Using Polish market research, the authors analyze the aggressive and detrimental competition between retailers such as Ikea, and Tesco to emphasize the benefits of CSR strategy for stakeholders and society at large.

This book provides a comprehensive study of the standard of 'full protection and security' (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.