The case law of the World Trade Organization is extensive, now running into some three hundred decided cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi identifies some of the underlying problems of interpreting WTO agreements, and examines the conditions for the interpretation of these agreements. Since the first edition of this book, the case law has grown, and the interpretation evolved further. This second edition addresses these developments and engages in the contemporary discourse on the subject. Also included is a new section on issues of interpretation relating to preferential trade agreements and the WTO. This book is an essential tool for WTO trade specialists, as well as government and judicial officers concerned with interpreting these agreements.

The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study. This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux preparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement. This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.

Since the birth of criminal copyright in the nineteenth century, the copyright system has blurred the distinction between civil and criminal infringements. Today, in many jurisdictions, infringement of copyrighted materials can result in punitive fines and even incarceration. In this illuminating book, Eldar Haber analyzes the circumstances, justifications, and ramifications of the criminalization process and tells the story of how a legal right in the private enforcement realm has become over-criminalized. He traces the origins of criminal copyright legislation and follows the movement of copyright criminalization and enforcement on local and global scales. This important work should be read by anyone concerned with the future of copyright and intellectual property in the digital era.

This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Strategies for transboundary natural resource management; winner of Harvard Law School's Raiffa Award for best research of the year in negotiation and conflict resolution. Transboundary natural resource negotiations, often conducted in an atmosphere of entrenched mistrust, confrontation, and deadlock, can go on for decades. In this book, Bruno Verdini outlines an approach by which government, private sector, and nongovernmental stakeholders can overcome grievances, break the status quo, trade across differences, and create mutual gains in high-stakes water, energy, and environmental negotiations. Verdini examines two landmark negotiations between the United States and Mexico. The two cases-one involving conflict over shared hydrocarbon reservoirs in the Gulf of Mexico and the other involving disputes over the shared waters of the Colorado River-resulted in groundbreaking agreements in 2012, after decades of deadlock. Drawing on his extensive interviews with more than seventy high-ranking negotiators in the United States and Mexico-from presidents and ambassadors to general managers, technical experts, and nongovernmental advocates-Verdini offers detailed accounts from multiple points of view, on both sides of the border. He unpacks the negotiation, leadership, collaborative decision-making, and political communication strategies that made agreement possible. Building upon the theoretical and empirical findings, Verdini offers advice for practitioners on effective negotiation and dispute resolution strategies that avoid the presumption that there are not enough resources to go around, and that one side must win and the other must inevitably lose. This investigation is the winner of Harvard Law School's Howard Raiffa Award for best research of the year in negotiation, mediation, decision-making, and dispute resolution.

The first major reappraisal of Pierre Trudeau's controversial defence policy, The Price of Alliance uses the 1976 procurement of Leopard tanks for Canada's troops in Europe to shed light on Canada's relationship with NATO. After six years of pressure from Canada's allies, Trudeau was convinced that Canadian tanks in Europe were necessary to support foreign policy objectives, and the tanks symbolized an increased Canadian commitment to NATO. Drawing on interviews and records from Canada, NATO, the United States, and Germany, Frank Maas addresses the problems of defence policymaking within a multi-country alliance and the opportunities and difficulties of Canadian defence procurement.

The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.

This book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe; the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. Providing a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the CJEU; this book is ideal for practitioners. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.

Human activities have taken place in the world's oceans for most of human history. With the oceans being used for trade, being exploited for fisheries and mineral resources extraction, and becoming the focal point for security crises, the legal regime regulating the rights and responsibilities of nations in their use of the world's oceans has long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by thirty nine expert contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. It is an invaluable and thought-provoking resource for scholar, students, and practitioners of the law of the sea.

Foreign gunboats forced China, Japan and Korea to open to the outside world under mid-19th century treaties which included "extraterritoriality", rules forbidding local courts from trying foreigners. Britain and the United States established courts in all three countries and, as trade grew, the British Supreme Court for China and Japan and the US Court for China. These courts - for over 100 years in China - dispensed British and US justice in the Far East. "Extrality" had a huge impact, which continues to this day, on how China and Japan view the world. This three-volume work tells its history through the fascinating cast of characters both on and before the bench and the many challenging issues the courts faced including war, riots, rebellion, murder, infidelity and even a failed hanging.

This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.

Foreign gunboats forced China, Japan and Korea to open to the outside world under mid-19th century treaties which included "extraterritoriality", rules forbidding local courts from trying foreigners. Britain and the United States established courts in all three countries and, as trade grew, the British Supreme Court for China and Japan and the US Court for China. These courts - for over 100 years in China - dispensed British and US justice in the Far East. "Extrality" had a huge impact, which continues to this day, on how China and Japan view the world. This three-volume work tells its history through the fascinating cast of characters both on and before the bench and the many challenging issues the courts faced including war, riots, rebellion, murder, infidelity and even a failed hanging.

Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses, for example, the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.

Insiders and outsiders agree; there is something particular about negotiating in Brussels. This book analyses ten years of continuous negotiations about EU enlargement to the Western Balkans, answering questions such as When and how are decisions typically reached in the European Union? What is this `culture of consensus' that pervades negotiations in the Council of Ministers? And why are some member states more successful than others in making their voices heard? Using the metaphor of the Caucus race from Alice in Wonderland, Smeets' book offers a fresh perspective on the decision-making realities in Brussels' European Quarter. By providing unique empirical insight into behind-closed-doors debates, it explains the faltering accession process of the countries of former Yugoslavia. But most of all, it reveals the mechanism by which national interests are accommodated, so that deals can be reached between the member states.

Foreign gunboats forced China, Japan and Korea to open to the outside world in the mid-19th century. The treaties signed included rules forbidding local courts from trying foreigners; or, ""extraterritoriality"". Britain and the United States established consular courts in all three countries and, as trade grew, the British Supreme Court for China and Japan and the United States Court for China. These courts for many decades-over 100 years in China-dispensed British and American justice in the Far East. Extraterritoriality had a huge impact, which continues to this day, on how China and Japan view the world. This book tells its history through the fascinating cast of characters both on and before the bench and the many challenging issues the courts faced including war, riots, rebellion, corruption, murder, infidelity, and, even, a failed hanging. Doug Clark, a practicing lawyer who has lived in China, Japan and Korea for over 25 years, has trawled through dusty archives around the world to bring back to life this long-forgotten exotic world.

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux preparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century. When it does feature, focus tends to be on the Scramble for Africa, and the treaties concluded between European powers and African polities in which sovereignty and territory were ceded. Drawing on a wide range of archival material, Inge Van Hulle brings a fresh new perspective to this traditional narrative. She reviews the use and creation of legal instruments that expanded or delineated the boundaries between British jurisdiction and African communities in West Africa, and uncovers the practicality and flexibility with which international legal discourse was employed in imperial contexts. This legal experimentation went beyond treaties of cession, and also encompassed commercial treaties, the abolition of the slave trade, extraterritoriality, and the use of force. The book argues that, by the 1880s, the legal techniques that were fashioned in the language of international law in West Africa had largely developed their own substantive characteristics. Legal ordering was not done in reference to adjudication before Western courts or the writings of Western lawyers, but in reference to what was deemed politically expedient and practically feasible by imperial agents for the preservation of social peace, commercial interaction, and humanitarian agendas.

Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law, and international human rights treaties. The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights, and intestate succession; and the relationship between customary law, human rights, and gender equality.

The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.

This book is a product of the Expert Round table Discussion on the topic 'The Road to Ratification and Implementation of the ASEAN Charter', jointly organized by the ASEAN Studies Centre (ASC) of the Institute of Southeast Asian Studies (ISEAS) and the Habibie Centre, on 17 July 2008 in Jakarta. The objective of the discussion was to illuminate the provisions of the ASEAN Charter and its strengths and weaknesses. Despite its evident merits, the signing of the ASEAN Charter has brought to prominence the sharp differences that have divided partisans and critics of ASEAN, as reflected by selected speakers who voiced their views on the subject. They, however, agreed that the Charter was imperfect in its current state and required clarification and further attention to detail. Even the more skeptical participants in the Round table discussion did not consider the Charter a complete failure but admitted that, if implemented well, it could be beneficial to the people of the ASEAN member states.

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 main goal of this seminar is to clarify on the basis of case studies what is meant by the concept of abusive application of tax treaties and whether and to what extent the concept of abuse is a domestic one and/or one of treaty law. To the extent that the concept of abuse is a purely domestic one, the question arises how domestic anti-avoidance rules affect double taxation conventions and to what extent one contracting state, for the purpose of taxation, should be prepared to consider the other contracting state's notion of abuse. To the extent that the concept of abuse is one of treaty law, it has to be clarified whether such a concept is known in Treaty law as an unwritten rule or whether the treaties need to include an express provision. Another important question in this respect is whether abusive use of tax treaties by contracting states is possible, e.g. by denying the access to the treaty or by implementing exit charges in the national legislation. What is or can be the role of the OECD in this process and to what extent does EC law innuence the way abuse of tax treaties can be tackled?