From trade relations to greenhouse gasses, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone involved in the creation or interpretation of treaties or other forms of international agreement.

The World Heritage Convention (WHC) is the most comprehensive and widely ratified among UNESCO treaties on the protection of cultural and natural heritage. The Convention establishes a system of identification, presentation, and registration in an international List of cultural properties and natural sites of outstanding universal value. Throughout the years the WHC has progressively attained almost universal recognition by the international community, and even the International Criminal Tribunal for the Former Yugoslavia has recently considered sites inscribed in the World Heritage List as "values especially protection by the international community." Besides, the WHC has been used as a model for other legal instruments dealing with cultural heritage, like the recently adopted (2003) Convention on the Safeguarding of Intangible Cultural Heritage. During its more than 30 years of life, the Convention has undergone extensive interpretation and evolution in its scope of application. Operational Guidelines, which are the implementing rules governing the operation of the Convention, have been extensively revised. New institutions such as the World Heritage Centre, have been established. New links, with the World Bank and the United Nations, have developed to take into account the economic and political dimension of world heritage conservation and management. However, many legal issues remain to be clarified. For example, what is the meaning of "outstanding universal value" in the context of cultural and natural heritage? How far can we construe "universal value" in terms of representivity between the concept of "World Heritage" and the sovereignty of the territorial state? Should World Heritage reflect a reasonable balance between cultural properties and natural sites? Is consent of the territorial state required for the inscription of a World Heritage property in the List of World Heritage in Danger? What is the role of the World Heritage Centre in the management of the WHC? No comprehensive work has been produced so far to deal with these and many other issues that have arisen in the interpretation and application of the WHC. This Commentary is intended to fill this gap by providing article by article analysis, in the light of the practice of the World Heritage Committee, other relevant treaty bodies, as well as of State parties and in the hope that it may be of use to academics, lawyers, diplomats and officials involved in the management and conservation of cultural and natural heritage of international significance.

The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues. Analysing the repercussions of abduction from the perspectives of both abducted children and the therapeutic professionals engaged in their cases, chapters assess the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal practice and various regional initiatives, it considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing the need to tackle the challenges in its future operation. Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of use to legal practitioners working in family law alongside NGOs and central authorities working in the field.

Presenting up-to-date case law and a freshly updated bibliography, this second edition of The Law of Treaties is a valuable addition to contemporary international law scholarship. It offers much-needed clarity on complicated cases and questions whilst maintaining a highly readable style. This timely second edition offers both theoretical and practical insights into the modern law of treaties. Chapters include new additions based on recent legal developments, such as updated information on the invalidity of treaties, and provides precise legal analyses through the integration of modern treaty practice. The Law of Treaties will be highly beneficial for students and academics of international law, politics and international relations looking to expand their knowledge of international affairs. It will also be a valuable read for practitioners wishing to remain informed about new treaties law.

This comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels. Key Features: One of the first detailed considerations of each of the Principles for Responsible Contracts Contributions from more than 40 leading international academics and practitioners in the field Discussion of legal and regulatory instruments as well as case law emanating from the Principles Offers information on interpreting, analysing, and using the UNGPs and the Principles for Responsible Contracts in a centralized accessible format. Practitioners, including government officials, who are responsible for corporate governance and human rights issues will find this Commentary invaluable for its systematic analysis of the obligations of both States and corporations. It will also be of interest to academics and those working for NGOs in the area of business and human rights, as well as businesses themselves looking to incorporate sustainability initiatives into their corporate practices.

In this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice. Delving into the workings of the Vienna Convention of the Law of Treaties (VCLT) and its use within the WTO courts, the author provides a critical assessment of the interpretation of the WTO contract and illuminates the role of WTO adjudicators and the Secretariat in clarifying obligations. Mavroidis then explores the uncertainty and distortion that emerge as a result of the discretion from adjudicators invited by the VCLT, explaining why this matters and offering steps towards resolving these issues. Providing an expansive analysis of the interpretation of WTO treaties, this book will be an invaluable resource for scholars and students in the field of WTO law, as well as international trade and economic law more broadly. Its discussion of the possible future of dispute settlement, particularly its proposal for a re-evaluation of the judicial selection process, will also prove insightful to practitioners in this area.

Brice Dickson examines the engagement of the United Kingdom with international human rights monitorin1g mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK. By analysing the role that monitoring mechanisms are meant to play in enforcing human rights standards, and the UK's commitment to that role, Dickson considers in turn the work of general monitoring mechanisms, mechanisms focused on civil and political rights or on social and economic rights, and mechanisms assessing discrimination based on gender, race, age or disability. The book demonstrates that, while monitoring mechanisms certainly play a crucial role in holding the UK government to account, crediting them with enhancing the protection of any specific right is problematic. Providing a comprehensive study of the operation of international human rights monitoring mechanisms, this book will be an insightful resource for human rights law students and scholars, particularly those concerned with civil, social and non-discrimination rights. Academics interested in public international law and politics will also benefit from this text.

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, O. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin

International custom "as evidence of a general practice accepted as law", is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms. Shahla F. Ali analyses survey data, in-depth case studies and UNCITRAL participation records to provide a comprehensive view of the contributions of Asia Pacific states in the development and refinement of UNCITRAL dispute settlement instruments. She argues that this has corresponded with the emergence of a new form of decentralized transnational legal ordering, advancing representation and legal innovation at both regional and global levels. The book concludes that these findings support the expansion of regional centres in areas with historically limited representation in global law making. Students, scholars and practitioners of transnational dispute resolution and comparative law will find this book to be critical reading. Its identification of best practices and law and policy recommendations will also be of interest to those working in global legislative design and policy.

This carefully crafted book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes. Contributing to a growing and important body of scholarship,Principles of International Trade and Investment Law provides critical analysis of important topics in international economic law, including cross-border data transfers and prudential regulation. By identifying commonalities and divergences in how the two regimes treat key legal concepts,such as necessity testing and non-discrimination, the book provides insight into international trade and investment law while also furthering our understanding of the broader fields of international economic law and public international law. Examining how these key principles are interpreted and used in international economic law, this book will be welcomed by academics and practitioners interested in international investment and trade law as well as researchers in the international public law field.

This timely book explores a critical new juncture where globalisation is in retreat and global norms of behaviour are not converging. Frank Vibert provides an expert analysis on how this situation has arisen from a combination of changes in the relative power and position of nations and the different values behind the organisation of domestic government in democracies and authoritarian states. Vibert challenges the assumption that differences in the way countries organise their domestic form of government can be kept separate from rulemaking at the international level. The book examines how democracies can defend their own values relative to others, the methods of influence, and the ways of managing conflict between contending values. Comity maps a path away from impasse to where democracies cooperate to make rules for themselves that can then be extended to others. It also discusses the legitimacy of this form of international rulemaking. Vibert concludes with the need for democracies to address their own democratic backsliding and to refresh their alliances with other democracies. This book steps back from conventional claims that we are heading towards an ever more globalised world and sets out the importance of norms in shaping institutions, relationships and the techniques of rulemaking. The book will be critical reading for scholars of international relations, constitutional and administrative law, regulation, and international politics. It will also be useful for practitioners in international organisations, governments and administrative bodies.

The subject of investment relationships between the European Union and China is an increasingly vital topic to understand, yet academic literature has until now been underexplored. Bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, which will prove to be vital in the field of international economic law. Divided into three parts, this book deals with the key issues of the EU-China investment partnership and its implications, both internally and internationally. Each chapter in China-European Union Investment Relationships covers a core theme of the subject of international economic law, including competition law, financial regulation, economic integration and dispute resolution. Covering the key topics in the area, and drawing diverse perspectives into a single collection, this book is an important resource for scholars and practitioners in legal and policy fields, and will be invaluable for students of trade and investment law to understand in more detail human rights and environmental law and policy. Contributors include: J. Baumgartner, J. Chaisse, N.B. Duong, D. Freeman, M. Hodgson, J. Hu, J. Jemielniak, C.-C. Kao, P. Kerneis, D.J. Lewis, F. Lupo-Pasini, E. Neframi, F.D. Simoes, V.V. Thien, C. Titi, C.-H. Wu

International economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law. Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. Vadi

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. This volume of the Elgar Encyclopedia of Environmental Law presents a structured overview and selective analysis of multilateral environmental agreements (MEAs). These agreements encompass the regulating aspects of the protection, conservation, management, use and exploitation of living and natural resources in various areas including biodiversity, fisheries, marine environment, shared freshwater resources, atmosphere, climate change, human rights, and polar regions. The expert contributions offer critical analysis and a concise but informative approach that provides a comprehensive introduction to each agreement as well as to the broader landscape of MEAs. The book guides the reader through the multifarious conventional regulation of each area of environmental protection, both at the global and regional levels. It details the path from the first post-war sectorial attempts at introducing international pieces of conventional environmental regulation to the booming of environmental instruments of the 1990s and the recent fertile period of new MEAs and their exponential growth. Each entry includes an overview of the topic, a concise review of current knowledge, new directions for cutting-edge research and a detailed bibliography to facilitate further reading. This comprehensive, topical and accessible volume is an essential resource for environmental law practitioners, students and scholars seeking a broad overview of MEAs, concise explanations of individual agreements, and avenues for research. Contributors include: R. Bates, L. Chiussi, C. Contartese, M.E. Desmond, A. Dizdarevic, G.M. Farnelli, E. Fasoli, M. Fitzmaurice, S. Goldberg, E.J. Goodwin, S. Gruber, C. Ibe, F.R. Jacur, K. Kakkaiyadi, E.A. Kirk, J.V. Kohler, I. Krasnova, V. Lanovoy, M. Lewis, P. Merkouris, G.A. Oanta, A. Papantoniou, N. Popattanachai, A. Powers, T.H. Reis, F. Seatzu, F. Sindico, K. Steenmans, A. Tanzi, A. Trouwborst, M.S. Wong, M. Yzquierdo, F. Zaharia

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

Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor-state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.

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.

This book offers a systematic study of the interpretation of investment-related treaties - primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?

This insightful book offers a comprehensive account of the conceptual challenges facing state consent in the framework of treaty making. It highlights the relevant discursive patterns and pinpoints the increasing antagonism between treaty bodies and state parties over the ownership of treaty evolution, with the author warning of the repercussions of treaty institutionalization. Showcasing the broad and encompassing nature of treaties, the author highlights the surrounding conflicts through chapters on the theory and concept of treaty and case studies on the flexibility of consent to be bound means, treaty withdrawal, the automatic succession doctrine and the law of reservations. The last part of the book explores how the invocation of the collective interest ideal, the institutionalization of treaties and the recurrence of formalism can endanger the legitimacy and effectiveness of treaty regimes. This book offers an original perspective on the role of state consent in the law of treaties and will be of great interest to academics, researchers and practitioners of international law seeking further knowledge about this complex topic.

If your adult child becomes incapacitated or dies, you do not automatically gain custody of your grandchildren. Sometimes, depending on the age of the children and whether or not they are adoptable will determine who gets custody. Hundreds of thousands of dollars in federal bonus monies are given to states each year when they exceed the number of adoptions from the previous year. Your grandchild may be needed to help reach the numbers necessary for your state to receive its bonus.

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court.The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavor to the institution through the portraits of some of the great figures that have served as its judges. Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations. Contents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court - Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) Index

In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The "plurilateral" WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity - more than 10 per cent of gross domestic product in most countries. This study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade; the institutional structure for dealing with government procurement in the GATT/WTO system; the impact of relevant WTO law on national legal systems; the types of contracts and entities covered in the Agreement on Government Procurement; how the National Treatment principle and the Most Favored Nation obligation affect government procurement; rules of WTO contract award procedure and the controversy over their interpretation and revision; the free trade versus social and environmental issues question in the context of government procurement; and the monitoring and enforcement of WTO procurement rules. Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments.