![]() |
![]() |
Your cart is empty |
||
Books > Law > International law > Public international law > Treaties & other sources of international law
This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge.
International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international "law" as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
This book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which the processes and substance of international law-making have shifted in response to new technologies and new actors. The essays, written by recognised experts in the field, engage deeply with the practice under the Convention. The 4 parts examine: the rise of new actors and their impact on the Convention's law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness and coherence of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.
The thawing Antarctic continent offers living space and marine and mineral resources that were previously inaccessible. This book discusses how revisiting the Antarctic Treaty System and dividing up the continent preemptively could spare the world serious conflict. The Antarctic Treaty and related agreements-collectively known as the Antarctic Treaty System (ATS)-regulate the seventh continent, which is the only continent without a native human population. The main treaty within the ATS came into force in 1961 and suspended all territorial claims in Antarctica. The Antarctic Environmental Protocol followed in 1998 and prohibited any minerals exploitation in the continent. With this prohibition up for review in 2048, this book asks whether the Antarctic Treaty can continue to protect Antarctica. Doaa Abdel-Motaal-an expert on environmental issues who has traveled through the Arctic and Antarctic-explains that the international community must urgently turn its attention to examining how to divide up the thawing continent in a peaceful manner. She discusses why the Antarctic Treaty is unlikely to be an adequate measure in the face of international competition for invaluable resources in the 21st century. She argues that factors such as global warming, the growth in climate refugees that the world is about to witness, and the increasingly critical quest for energy resources will make the Antarctic continent a highly sought-after objective. Readers will come to appreciate that what has likely protected Antarctica so far was not the Antarctic Treaty but the continent's harsh climate and isolation. With Antarctica potentially becoming habitable only a few decades from now, revisiting the Antarctic Treaty in favor of an orderly division of the continent is likely to be the best plan for avoiding costly conflict. Argues that the Antarctic Treaty, which was opened for signature in 1959, needs to be reconsidered since pressure continues to build for the occupation of the continent and the exploitation of its living and non-living resources Suggests that international conflict over Antarctica is likely in the coming decades, particularly because the ban on mineral resources is up for revision in 2048 Argues that policymakers need to draw lessons from the economic competition the world is now witnessing in the thawing Arctic Ocean
Law and Migration is an authoritative volume which draws on statutory and case law to expose the limitations of the law in protecting the individual caught in the complex web of national and regional constraints on migration. International law provides for the exercise of the sovereign power of states to control the entry of non-nationals. However, more recent international conventions have shown a growing awareness of the failure of the law to protect individuals and their families from violation of their human rights and civil liberties. Whilst avoiding open conflict with the principle of sovereignty, national courts have strived to comply with the spirit of human rights conventions and have often decided in favour of individuals. Despite this, border and internal controls on entry continue to proliferate. Globally the failure to establish an adequate legal framework which takes account of forced migration caused by wars and natural disasters has provoked a debate beyond the traditional legal norms. This volume presents a selection of published work from a variety of countriest and addresses the theoretical questions and policy issues which will continue to tax lawyers in the twenty first century.
"America First" is "America Alone" Foreign policy is like physics: vacuums quickly fill. As the United States retreats from the international order it helped put in place and maintain since the end of World War II, Russia is rapidly filling the vacuum. Federiga Bindi's new book assesses the consequences of this retreat for transatlantic relations and Europe, showing how the current path of US foreign policy is leading to isolation and a sharp decrease of US influence in international relations. Transatlantic relations reached a peak under President Barack Obama. But under the Trump administration, withdrawal from the global stage has caused irreparable damage to the transatlantic partnership and has propelled Europeans to act more independently. Europe and America explores this tumultuous path by examining the foreign policy of the United States, Russia, and the major European Union member states. The book highlights the consequences of US retreat for transatlantic relations and Europe, demonstrating that "America first" is becoming "America alone," perhaps marking the end of transatlantic relations as we know it, with Europe no longer beholden to the US national interest.
This book provides analyses with respect to a wide range of contemporary issues, from China to Eurasia, including Turkey's foreign policy, conflicts in the Eastern Mediterranean, Caucasia, Central Asia, Russia, EU, migration, Middle Eastern issues, current conflicts and influences over global competition, energy security and the future of struggles on energy resources, the structure of intra-state conflicts and foreign terrorist fighters. In the study, many interesting questions, such as whether China will turn to a maritime great power in the Pacific Sea, possible impacts of China's BRI project on global politics, the future of the new great game in China's westward politics, and possible effects of North-South corridor on regional power struggle are also examined.
In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.
'War is a man's game,' or so goes the saying. Whether this is true or not, patriarchal capitalism is certainly one of the driving forces behind war in the modern era. So can we end war with feminism? This book argues that this is possible, and is in fact already happening. Each chapter provides a solution to war using innovative examples of how feminist and queer theory and practice inform pacifist treaties, movements and methods, from the international to the domestic spheres. The contributors propose a range of solutions that include arms abolition, centring Indigenous knowledge, economic restructuring, and transforming how we 'count' civilian deaths. Ending war requires challenging complex structures, but the solutions found in this edition have risen to this challenge. By thinking beyond the violence of the capitalist patriarchy, this book makes the powerful case that the possibility of life without war is real.
Complicity in International Law aims to analyze questions arising from a state’s complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in turn commits an offense if it is aware of the main fact and is bound by the same obligation. International law offers adumbrates the outcome of a codification process undertaken by the International Law Commission. The practice and its consequences, and the reflections of the doctrine, have matured with regard to the original hypothesis. Several cases of participation in the unlawful conduct of others, for example in facilitating the illicit use of the armed force, or of financial support to states responsible for human rights violations, have been recorded since the period immediately following World War II. International doctrine has long shown great interest in the theme of competition of several subjects in an international illicit act. This is a new phenomenon, given that until recently the issue had been the subject of in-depth analysis in a small number of works, few of which have been monographic in nature. Complicity in International Law will address the issue comprehensively.
Building on a careful analysis of Southeast Asia's recent history, politics, economics, and place within the Asia Pacific, this report looks forward two decades to anticipate the development of trends in the region and how they will impact the U.S.-Japan alliance. How will Southeast Asian states come to grips with the political and economic rise of China? How will they modernize their military forces and security relationships, and what role can the United States and Japan play? How will they manage their disputes in the South China Sea, and how will they pursue greater regional integration? These questions will prove critical in understanding Southeast Asia's role in the Asia Pacific, and in the U.S.-Japan alliance, in the decades ahead.
Published under the auspices of the International Centre for Settlement of Investment Disputes, this fifteen-volume work includes the texts of more than 1,400 bilateral investment treaties (BITs) concluded by over 165 countries from 1959 to the present. The collection also features alphabetical and chronological indices for easy reference to the treaties. Together with Investment Laws of the World, these volumes represent an unparalleled compilation from over 170 countries. If you or your clients invest in foreign countries, then the insight found here is essential to your investment strategy. For complete alphabetical and chronological indices of the series, see ICSIDs dedicated webpage at: https://icsid.worldbank.org/en/Pages/resources/Investment-Tr eaty-Series.aspx
Nations have powerful reasons to get their military alliances right. When security pacts go well, they underpin regional and global order; when they fail, they spread wars across continents as states are dragged into conflict. We would, therefore, expect states to carefully tailor their military partnerships to specific conditions. This expectation, Raymond C. Kuo argues, is wrong. Following the Leader argues that most countries ignore their individual security interests in military pacts, instead converging on a single, dominant alliance strategy. The book introduces a new social theory of strategic diffusion and emulation, using case studies and advanced statistical analysis of alliances from 1815 to 2003. In the wake of each major war that shatters the international system, a new hegemon creates a core military partnership to target its greatest enemy. Secondary and peripheral countries rush to emulate this alliance, illustrating their credibility and prestige by mimicking the dominant form. Be it the NATO model that seems so commonsense today, or the realpolitik that reigned in Europe of the late nineteenth century, a lone alliance strategy has defined broad swaths of diplomatic history. It is not states' own security interests driving this phenomenon, Kuo shows, but their jockeying for status in a world periodically remade by great powers.
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
The signing of the Association Agreement and DCFTA between Moldova and the European Union in 2014 was a strategic political act to deepen the realisation of Moldova's 'European choice'. Of all the EU's eastern neighbours, Moldova is objectively the most European on several accounts, including sharing a common history, language, culture and border with its direct neighbour and now EU member state Romania. This signifies highly positive foundations for making a success of the Agreement, notwithstanding the major political and economic challenges that contemporary Moldova faces. The purpose of this Handbook is to make the legal content of the Association Agreement clearly comprehensible. It covers all the significant political and economic chapters of the Agreement, and in each case explains the meaning of the commitments made by Moldova and the challenges posed by their implementation. A unique reference source for this historic act, this Handbook is intended for professional readers, namely officials, parliamentarians, diplomats, business leaders, lawyers, consultants, think tanks, civil society organisations, university teachers, trainers, students and journalists. The work has been carried out by two teams of researchers from leading independent think tanks, CEPS in Brussels and the Expert-Grup in Chisinau, with the support of the Swedish International Development Agency (Sida). It is one of a trilogy of Handbooks, with the other two volumes examining similar Association Agreements made by the EU with Ukraine and Georgia.
The signing of the Association Agreement and DCFTA between Ukraine and the European Union in 2014 was an act of strategic, geopolitical significance in the history of Ukraine and Europe itself. Emblematic of a struggle to replace a corrupt, oligarch-controlled regime at home and to resist attempts by Russia to deny Ukraine its 'European choice', the Association Agreement is a defiant statement of the country's determination to become a democratic, independent state. The purpose of the Handbook is to make the content of this complex treaty clearly comprehensible. The first edition of this book has become an acknowledged 'bible' for all practitioners and scholars engaged in east European affairs. This second edition carries the story forward, with a systematic assessment of the achievements and problems that implementation of the treaty has been witnessing over the subsequent years.
The signing of the Association Agreement and DCFTA between Ukraine and the European Union in 2014 was an act of strategic, geopolitical significance in the history of Ukraine and Europe itself. Emblematic of a struggle to replace a corrupt, oligarch-controlled regime at home and to resist attempts by Russia to deny Ukraine its 'European choice', the Association Agreement is a defiant statement of the country's determination to become a democratic, independent state. The purpose of the Handbook is to make the content of this complex treaty clearly comprehensible. The first edition of this book has become an acknowledged 'bible' for all practitioners and scholars engaged in east European affairs. This second edition carries the story forward, with a systematic assessment of the achievements and problems that implementation of the treaty has been witnessing over the subsequent years.
The signing of the Association Agreement and DCFTA between Moldova and the European Union in 2014 was a strategic political act to deepen the realisation of Moldova's 'European choice'. Of all the EU's eastern neighbours, Moldova is objectively the most European on several accounts, including sharing a common history, language, culture and border with its direct neighbour and now EU member state Romania. This signifies highly positive foundations for making a success of the Agreement, notwithstanding the major political and economic challenges that contemporary Moldova faces. The purpose of this Handbook is to make the legal content of the Association Agreement clearly comprehensible. It covers all the significant political and economic chapters of the Agreement, and in each case explains the meaning of the commitments made by Moldova and the challenges posed by their implementation. A unique reference source for this historic act, this Handbook is intended for professional readers, namely officials, parliamentarians, diplomats, business leaders, lawyers, consultants, think tanks, civil society organisations, university teachers, trainers, students and journalists. The work has been carried out by two teams of researchers from leading independent think tanks, CEPS in Brussels and the Expert-Grup in Chisinau, with the support of the Swedish International Development Agency (Sida). It is one of a trilogy of Handbooks, with the other two volumes examining similar Association Agreements made by the EU with Ukraine and Georgia.
Following the agreement made by Prime Minister David Cameron with the EU on 18-19 February 2016, the day for the referendum for the UK to remain in or leave the EU is set for 23 June 2016. This will be the most important decision taken by the British people in half a century, and whose consequences will live on for another half century. The first edition of this book, published in March 2015, laid the foundations for any objective assessment of the workings of the EU and the UK's place in it. It was widely acclaimed and rated as "a myth-breaking exercise of the best kind". This second edition adds a substantial new chapter following Cameron's agreement with the EU and announcement of the referendum. It reviews both the 'Plan A', namely the status quo for the UK in the EU as amended by the new agreement, and three variants of a 'Plan B' for secession. The key point is that the 'leave' camp have not done their homework or 'due diligence' to specify the post-secession scenario, or how the British government would face up to the challenges that this would bring. The authors therefore do the 'leave' camp's homework for them, setting out three Plan Bs more concretely and in more depth than the 'leave' camp have been able or wanted to do, or any other source has done. The book is therefore unique and essential reading for anyone concerned with the fateful choice that lies soon ahead.
The signing of the Association Agreement and DCFTA between Georgia and the European Union in 2014 was a strategic political act to deepen the realisation of Georgia's 'European choice'. Of all the EU's eastern neighbours, Georgia has distinguished itself by pushing ahead in the years since the Rose Revolution of 2003 with the most radical economic liberalisation and reform agenda. It has notably succeeded in reducing corruption and establishing a highly favourable business climate. The Association Agreement and DCFTA thus build on a most promising base. The purpose of this Handbook is to make the legal content of the Association Agreement clearly comprehensible. It covers all the significant political and economic chapters of the Agreement, and in each case explains the meaning of the commitments made by Georgia and the challenges posed by their implementation. A unique reference source for this historic act, this Handbook is intended for professional readers, namely officials, parliamentarians, diplomats, business leaders, lawyers, consultants, think tanks, civil society organisations, university teachers, trainers, students and journalists. The work has been carried out by two teams of researchers from leading independent think tanks, CEPS in Brussels and the Reformatics policy consulting firm in Tbilisi, with the support of the Swedish International Development Agency (Sida). It is one of a trilogy of Handbooks, with the other two volumes examining similar Association Agreements made by the EU with Ukraine and Moldova.
In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.
Rising concern over the increasing threat of nuclear war impelled the 2017 United Nations (UN) negotiations and adoption by 122 UN member states of a Treaty on the Prohibition of Nuclear Weapons. The Treaty seeks to ban nuclear weapons globally in the same way chemical and biological weapons have already been prohibited. This book provides the first in-depth comprehensive analysis of the implications and possibilities of the new treaty, drawing on the insights of international relations, international laws, and disarmament experts and specialists from Europe, America, the Asia-Pacific, and the UN. In a context where existing nuclear weapon states have so far declined to be party to the new treaty, the book examines not only its emergence and significance but also the prospects and possibilities for its implementation, the challenges associated with verifying the new agreement, the role of both civil society and governments, and the treaty's wider implications in addressing regional and global nuclear threats. This book was originally published as a special issue of Global Change, Peace & Security but additionally includes the special section articles on the treaty in the Journal for Peace and Nuclear Disarmament.
This book explores the significance of the post-First World War peace settlement negotiated at Versailles in 1919. Versailles has always been a controversial subject and it has long been contended that the Treaty imposed unnecessarily severe conditions upon the defeated nations, particularly Germany, and in large part can be held responsible for the outbreak of war in 1939. This book considers the critical question as to whether the Treaty of Versailles established a new international settlement that could produce a peaceful and prosperous Europe, something that many have alleged was impossible. In an exhaustive analysis of the events that followed the Paris Peace Conference, Howard Elcock argues that the Versailles Treaty created a more stable diplomatic framework than has commonly been recognised, and challenges the traditional understanding that the delegates at Versailles can be held responsible for the failure to secure long-term peace in Europe. |
![]() ![]() You may like...
IMF and World Bank Sponsored Structural…
Kwadwo Konadu-Agyemang
Paperback
R1,287
Discovery Miles 12 870
|