This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).

Global governance emerged as a concept more than two decades ago. Despite its relevance to key processes underlying the major public policy questions of our age, the contours of 'global governance' remain contested and elusive. This Research Review seeks to clarify key trends and challenges in global governance by bringing together the leading scholarship on its different forms. The Research Review discusses key issues in relation to global governance institutions: democracy, legitimacy, accountability, fragmentation, effectiveness and dispute settlement.

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.

International tax practice demands a constantly renewed understanding of tax treaty provisions and how they are applied. Practitioners working with Western European taxation must master the further complexity introduced by the interplay between Community law and national law, especially as it affects the administration of tax law in the various countries. This text is a detailed survey of tax treaty interpretation in the 15 EU states plus Norway. Presented as 16 national reports by authorities from each country, the analysis provided is the result of a conference sponsored by the European Commission and held in Rust, Austria, in January 2001. Each report gives an organized, in-depth summation of the discussion as it related to the country in question, amalgamating the research and commentary brought to the conference by sixty experts in all. "Tax Treaty Interpretation" builds on the 1993 analysis of Klaus Vogel and Rainer Prokisch for the International Fiscal Association (IFA), and takes full account of such developments as the following: court decisions since 1993; the OECD report on partnerships; changes in administrative practice at the national level; and recent Community law affecting taxation and tax practice.

On the occasion of the twenty-fifth anniversary of the Netherlands Institute of International Relations 'Clingendael' The Netherlands Institute of International Affairs 'Clingendael' celebrates its 25th anniversary in 2008. This is not only a reason to look in retrospect, but also to look into the future. In this book, research fellows from the Institute shed some light on the near future regarding their research topics. Various themes in the field of Diplomacy, European integration, Security, and Energy are dealt with. In the tradition of the Clingendael Institute, being a policy-relevant think-tank, the different contributions to this book are not hypothetical foresights written from an ivory tower, but thought-provoking, policy-oriented chapters that will be relevant to anyone interested in international relations. Prof. Dr Jaap de Zwaan is Director of the Clingendael Institute, Dr Edwin Bakker is Head of the Clingendael Security and Conflict Programme, Sico van der Meer MA is a Research Fellow in the Clingendael Security and Conflict Programme.

Authorities in the fields of environmental and international law and policy, political science, environmental technology, and public administration compare and contrast the ways in which the United States and the European Union handle similar environmental issues. The contributors critically analyze the influence of culture and history on the way apparently "similar" developed democracies handle the same problems; they examine the center-state relationship as it applies to EU member countries in contrast to states within the United States; they look at the challenge of transboundary, international, and global environmental problems, and how these relate to the still-emerging geopolitical reconfigurations involved in such structures as NAFTA and the EU; and they examine how transnational resources are handled in the North American and EU contexts. Randall Baker has assembled leading experts who examine significant issues for policymakers and environmentalists in North America and Western Europe.

On 1 August 2008 the Chinese Anti-Monopoly Law entered into force, introducing a comprehensive framework for competition law to the Chinese market. One set of the new rules pertains to merger control. China's Ministry of Commerce (MOFCOM) was nominated as the authority responsible for enforcing merger control in China and has been actively doing so ever since. Recent years have established China as one of the most important merger filing jurisdictions for cross-border mergers alongside the EU and USA. This work evaluates the Chinese merger control law regime and MOFCOM's decision-making practice after more than five years of application. In particular, it assesses which policy goals (competition policy goals or industrial policy considerations) prevail in the written law and its application and provides suggestions for a further improvement of the law - with the aim to develop a transparent merger control regime that promotes long-term economic growth in China.

In light of new global challenges for international cooperation and coordination, such as the revival of protectionism, surge of populism, or energy-related issues, this volume highlights possible scenarios for the future of Global Economic Governance (GEG). The contributing authors analyze the substance of GEG as a normative framework for resolving collective action issues and promoting cross-border co-ordination and co-operation in the provision or exchange of goods, money, services and technical expertise in the world economy. Furthermore, the book examines drivers of fundamental shifts in global economic steering and covers topics such as power and authority shifts in the global governance architecture, technological and energy-related challenges, and the role of the G20 and BRICS in shaping global economic governance. "This book provides a very timely and nuanced account of the challenges facing the established global order." Andrew F. Cooper (Professor of Political Science at the University of Waterloo) "This valuable collection from a new generation of innovative scholars of global economic governance offers insights from a broad range of theoretical approaches to the central policy issues of the day" John Kirton (Director of the Global Governance Program, Munk School of Global Affairs, University of Toronto)

Although more than 40 years have passed since the end of World War II, the subject of Nazi war criminals remains a timely and emotionally charged topic of interest to scholars as well as the general public. Administered jointly by the four major Allies, the Nuremberg trial of Hermann Goering and Joachim von Ribbentrop, among other Nazi leaders, has drawn much attention over the years. It was the U.S. Army, however, which was most active in bringing Nazi war criminals to justice and, between 1944 and 1947, the army prosecuted 1,672 individuals for violations of the laws of war. Most of the army's trials remained obscure and little-noticed, even though they dealt with almost 90 percent of all defendants in the American zone. This study examines the treatment of prominent and lesser-known war criminals in the U.S. Zone of Occupation, covering both the trial and clemency aspects of the American war crimes program. In addition, it also explores the relationship between the war criminals issue and U.S. efforts to democratize the Germans, German nationalism, U.S. constitutional issues, the cold war and German rearmament in the 1950s. Finally, the study analyzes the extent to which the U.S. Army war crimes program achieved its stated goals. Based on unpublished sources from both the United States and West Germany, many of which have only recently been declassified, this book provides fresh insight on Nazi war criminals and their treatment, as well as important issues relating to post-war Germany. This book will be of special interest to scholars and historians specializing in European and modern history, post-war Germany, U.S. foreign relations since World War II, the Holocaust, and U.S.military justice and war criminals.

Conquest, annexation, secession by force these belong to a statecraft which great powers after World War II seemed to have set aside for good. Russia in 2014 however brought them back. Aggression against Ukraine examines the stakes in Crimea, Donetsk, Luhansk and other troubled borderlands and for international law and public order as a whole.

This important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments. The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States. This discerning Research Handbook will be a welcome read for policy makers and students with an interest in the laws and policies of marine governance and climate change. This will also be an ideal read for those who are interested in the pressing environmental issues facing the world community.

This book addresses the lack of binding multi-lateral international agreement on cartels, through analysis of trials and failures. It also suggests strategic approaches to overcome current standstills. In addition, the book contrasts international agreement on cartels with inter-governmental commodity agreement which has been developed separately through international law. Through this project, the author puts forth that successful international law on cartels needs to reflect the interests and arguments of developing countries.

States and the Interpretation of Treaties opens with a provocative reconsideration of a debate on the subject of comparative international legal obligations by the United Nations's International Law Commission. In this book, distinguished Tufts University legal scholar Dimitris Liakopoulos identifies and explores relevant considerations in the work of the Commission and offers an overview of the status of international law as defined by the United Nations authority responsible for its codification and development. The Commission's conclusions form the starting point for an insightful comparative approach to international law and liability.

This insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law. Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.

This work presents an analysis and commentary on the 1992 United Nations Convention on Biological Diversity, which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention was an international treaty which addressed all aspects of biodiversity, ranging from the conservation of biological diversity and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyzes the controversial issue of intellectual property rights, the problems of implementation in the EU, differences between developing and developed states, and the role of indigenous people. This work was written by members of the Committee on Environmental Law of the British branch of the International Law Association, following an earlier study of International Law and Global Climate Change (Graham & Trotman, 1991).

Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds."

In the light of mass migration, the rise of nationalism and the resurgence of global terrorism, this timely volume brings the debate on border protection, security and control to the centre stage of international relations research. Rather than analysing borders as mere lines of territorial demarcation in a geopolitical sense, it sheds new light on their changing role in defining and negotiating identity, authority, security, and social and economic differences. Bringing together innovative and interdisciplinary perspectives, the book examines the nexus of authority, society, technology and culture, while also providing in-depth analyses of current international conflicts. Regional case studies comprise the Ukraine crisis, Nagorno-Karabakh, the emergence of new territorial entities such as ISIS, and maritime disputes in the South China Sea, as well as the contestation and re-construction of borders in the context of transnational movements. Bringing together theoretical, empirical and conceptual contributions by international scholars, this Yearbook of the Austrian Institute for International Affairs offers novel perspectives on hotly debated issues in contemporary politics, and will be of interest to researchers, graduate students and political decision makers alike.

This book deals with foundation law in various European countries. It sums up contributions from the most outstanding experts in foundation law in fourteen countries. These are either civil law or common law, and their socio-economical situation is considerably different.
Despite the outstanding differences in each country, foundations have been growing in number and importance all over Europe in the last decades. Political, economical and social changes occurred in various European countries increased foundations' role. The need to focus on foundations' laws and regulations arose in many States for different reasons.
The contributions in this book focus in particular on the recent development of foundation law, on the evolution foundations have undergone in recent years and on trends in law.

Ballast water management is a complex subject with many issues and still limited knowledge, however, it is building up on new scientific researches and practical experience. The Ballast Water Management Convention is the global legal framework which still needs to be implemented. This book brings together a long-term and newest experience from practical work, scientific research, administration and policy involvements, offering unique insights to readers who would like to learn more about this subject. It also provides recommendations and practical solutions especially important for professionals, administrations and organizations in the process of the implementation of this Ballast Water Management Convention.

The People s Republic of China s tax policies and international obligations are as multifaceted and dynamic as they are complex, developing closely with the nation s rise to the world s fastest-growing major economy. Today, after decades of reform and the entry into the World Trade Organization, China has developed regulatory systems that enable it to provide stable administration, including a tax structure. China s main tax reform can be attributed to the enactment of the Enterprise Income Tax Law, which came into effect on January 1, 2008. Chinese tax regulations include direct taxes, indirect taxes, other taxes, and custom duties and from a collection point of view, China s tax administration adopts a very devolved system, with revenue collected and shared between different levels of government in accordance with contracts between the different levels of the tax administration system. With respect to international treaties, China has established a network of bilateral tax treaties and regional free trade agreements. This publication describes in detail China s complex tax system and policies, as well as major bilateral treaties in which China has entered into using country-by-country analysis.

Lorenzo Riccardi is Tax Advisor and Certified Public Accountant specialized in international taxation. He is based in Shanghai, where he focuses on business and tax law, assisting foreign investments in East Asia. He is an auditor and an advisor for several corporate groups and he is partner and Head of Tax of the consulting firm GWA, specializing in emerging markets.

This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU's external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.

This book is the outcome of the global consultation on the development and enforcement of international environmental law, with a special focus on the preservation of biological diversity. More than 250 experts on international environmental law and representatives of the global environmental movement collaborated in the drafting of a list of recommendations and conclusions. This list was then communicated to the delegates at the Third Preparatory Committee meeting for the United Nations Conference on Environment and Development.

This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU's legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.

Near-earth space, with extends to geosynchronous orbits where satellites remain faithfully over a fixed spot on the ground, does not lend itself to romantic fantasies of science fiction. It is a working place from which services can be delivered with ease and efficiency. Meteorology, seismic and crop-yield predictions, environmental monitoring, communications of all sorts, guidance and navigation, medical and educational services, treaty verification and photographic reconnaissance, news-gathering, scientific observation across the entire electromagnetic spectrum, prospecting, remote sensing, and monitoring of human activities are all in a day's work for near-earth space. Global cellular telephony, only a few years ago the exclusive privilege of comic-book heroes, is becoming a space-based commonplace. Planes that land in fog and cars that find their way in the labyrinthine steels of Tokyo guided from space are beyond a near horizon. Space is delivering its promise. This volume describes many of these activities and their prospects for changing the way we live, communicate, and travel on this Earth.