This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.

The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.

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.

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 European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

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.

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.

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.

The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

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.

This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.

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.

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor vs State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.

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.

International Standardization and the Agreement on Technical Barriers to Trade examines the international standardization system generally, with a specific focus on some of the bodies within this system, along with their rules and procedures. It also examines - and questions - the lack of definition regarding several features related to the system, notably an international standardizing body (ISB) and international standards in the Agreement on Technical Barriers to Trade (TBT). Andrea Barrios Villarreal, who has been involved in standardization activities for more than seven years, provides a unique and in-depth analysis that will be useful to scholars, students and practitioners. This illuminating work is a welcome addition to the international economic law literature and should be read by anyone with an interest in the interaction between trade law and international standardization.

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.

The essays which appear in this work are based on the papers presented at a two-day conference held in Liverpool in July 2007 to celebrate the 50th anniversary of the signing of the Treaty of Rome establishing the EEC. The collection reflects critically upon some of the EU's historic characteristics and speculates imaginatively on some of the diverse challenges facing the Union in the future. Contributions from both established and emerging scholars of EU law and policy are united by two main themes: the paradox of the resilient yet unstable basis of the Union's constitutional fundamentals, and the ever-contested balance between the EU's core economic mission and its broader social values and aspirations. For any student, scholar or practitioner interested in the dynamic nature of the constitutional relationship between the Union and its Member States, and in the complex tensions underpinning the EU's substantive policies, these essays will be essential reading.

The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in this Commentary, examining the travaux preparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of a universal regime for shared water resources. Examining cross-cutting topics such as the core water principles, the prevention and settlement of water disputes, the relationship between the Convention and other legal instruments, as well as the role of the ICJ and other judicial means to solve water disputes, this book is crucial to all those who seek a deep understanding of water law.

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

First Freedoms incorporates documents that are drawn from the history of First Amendment rights in America - an ongoing experiment in freedom. Like all experiments, it is full of trial and error. The story of freedom in America recounted here is often painful and contentious - but it is ultimately inspiring. Through it all, the ideal of building a nation 'with liberty and justice for all' keeps pulling America forward, calling its citizens to do better. Incorporating nearly 40 documents relating to First Amendment rights in America, First Freedom traces the ongoing efforts to establish the freedoms on which the country was founded.

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.