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As world natural resources diminish and the necessity of protecting
our environment becomes critical, the need for efficient marine
management increases. However, marine boundaries are not easily
defined and in disputed areas the prospect of sound management is
difficult. The Barents Sea is a perfect example of this. Despite
being rich in living resources, the area remains under developed
and its eco-system is under growing threat. This inefficient
management is largely due to two legal disputes, both of which
involve the USSR. "Marine Management in Disputed Areas" examines
the complicated management of the Barents Sea, as well as offering
a detailed analysis of two highly sensitive legal disputes. This
book should be of interest to undergraduates, postgraduates,
academics and researchers of marine law, marine affairs, polar
affairs and international relations.
Global warming is the most severe environmental challenge faced by
humanity today and the costs of responding effectively will be
high. While Russia's ratification of the Kyoto Protocol ensures the
treaty's entry into force, lack of capacity, or incentives to
renege on their commitments, will impede mitigation efforts in many
countries. An important prerequisite for the proper functioning of
the Protocol is that its compliance system - which is spelled out
by the Marrakesh Accords - proves effective. Implementing the
Climate Regime describes and analyses Kyoto's compliance system.
Organized into four parts, Part I describes the emergence and
design of the compliance system, while Part II analyses various
challenges to its effective operation - such as the development of
norms, verification and the danger that the use of punitive
'consequences' may also hurt compliant countries. Part III
discusses the potential role of external enforcement, with
particular emphasis on trade sanctions. Part IV addresses the
relationship between Kyoto compliance on one hand, and
international governance, oil companies and green NGOs on the
other.
This book offers a critical analysis of current challenges and
developments of the State immunity regime through three dimensions:
it looks at State immunity from a comparative perspective; it
discusses the major trends relating to the interplay between State
immunity and the protection of human rights as well as
counter-terrorism; and it examines the relationship between State
immunity and the financial obligations of States. Part I, Sovereign
Immunity from a Comparative Perspective: Weak v. Strong Immunity
Regimes, deals with the diversity of existing regimes of State
immunity at the national level. This part aims to explore different
approaches of particular states to sovereign immunity and their
general attitude to international law, and attempts to understand
why some States favour a weaker State immunity regime by
multiplying exceptions or interpreting them broadly, while others
continuously support a stronger one and sometimes rely on the
doctrine of absolute immunity. Part II, International Customary Law
of Sovereign Immunity, Human Rights and Counter-Terrorism,
highlights how human rights and counter-terrorism have shaped the
law and practice of sovereign immunity. This part specifically
discusses the role of national legislators and judges in the
development of international law, emerging conflicts between
national constitutional norms and the rules of international law
concerning State immunity and human rights, and possible ways of
their reconciliation. Part III, Sovereign Immunity of States and
their Financial Obligations, contributes to on-going debates
related to the mixed and complex nature of States' financial
obligations. In this part, authors elaborate on perceptions of the
underlying public-private law divide, cross influences in public
and private international law and their consequences for State
immunity, as well as recent trends relating to immunity from
execution.
The recent rise of international trade courts and tribunals
deserves systemic study and in-depth analysis. This volume gathers
contributions from experts specialised in different regional
adjudicators of trade disputes and scrutinises their operations in
the light of the often-debated legitimacy issues. It not only looks
into prominent adjudicators that have played a significant role for
global and regional integration; it also encloses the newly
established and/or less-known judicial actors. Critical topics
covered range from procedures and legal techniques during the
adjudication process to the pre- and post-adjudication matters in
relation to forum selection and decision implementation. The volume
features cross-cutting interdisciplinary discussions among
academics and practitioners, lawyers, philosophers and political
scientists. In addition to fulfilling the research vacuum, it aims
to address the challenges and opportunities faced in international
trade adjudication.
One of the most noted developments in international law over the
past twenty years is the proliferation of international courts and
tribunals. They decide who has the right to exploit natural
resources, define the scope of human rights, delimit international
boundaries and determine when the use of force is prohibited. As
the number and influence of international courts grow, so too do
challenges to their legitimacy. This volume provides new
interdisciplinary insights into international courts' legitimacy:
what drives and undermines the legitimacy of these bodies? How do
drivers change depending on the court concerned? What is the link
between legitimacy, democracy, effectiveness and justice? Top
international experts analyse legitimacy for specific international
courts, as well as the links between legitimacy and cross-cutting
themes. Failure to understand and respond to legitimacy concerns
can endanger both the courts and the law they interpret and apply.
The recent rise of international trade courts and tribunals
deserves systemic study and in-depth analysis. This volume gathers
contributions from experts specialised in different regional
adjudicators of trade disputes and scrutinises their operations in
the light of the often-debated legitimacy issues. It not only looks
into prominent adjudicators that have played a significant role for
global and regional integration; it also encloses the newly
established and/or less-known judicial actors. Critical topics
covered range from procedures and legal techniques during the
adjudication process to the pre- and post-adjudication matters in
relation to forum selection and decision implementation. The volume
features cross-cutting interdisciplinary discussions among
academics and practitioners, lawyers, philosophers and political
scientists. In addition to fulfilling the research vacuum, it aims
to address the challenges and opportunities faced in international
trade adjudication.
International courts and tribunals now operate globally and in
several world regions, playing significant roles in international
law and global governance. However, these courts vary significantly
in terms of their practices, procedures, and the outcomes they
produce. Why do some international courts perform better than
others? Which factors affect the outcome of these courts and
tribunals? The Performance of International Courts and Tribunals is
an interdisciplinary study featuring approaches, methods and
authorship from law and political science, which proposes the
concept of performance to describe the processes and outcomes of
international courts. It develops a framework for evaluating and
explaining performance by offering a broad comparative analysis of
international courts, covering several world regions and the areas
of trade, investment, the environment, human rights and criminal
law, and offers interdisciplinary accounts to explain how and why
international court performance varies.
The emerging international human rights judiciary (IHRJ) threatens
national democratic processes and 'hollows out' the scope of
domestic and democratic decision-making, some argue. This new
analysis confronts this head on by examining the interplay between
national parliaments and the IHRJ, proposing that it advances
parliament's efforts. Taking Europe and the European Court of Human
Rights as its focus - drawing on theory, doctrine and practice -
the authors answer a series of key questions. What role should
parliaments play in realising human rights? Which factors influence
the effects of the IHRJ on national parliaments' efforts? How can
the IHRJ adjust its influence on parliamentary process? And what
triggers the backlash against the IHRJ from parliaments and when?
Here, the authors lay foundations for better informed scholarship
and legal practice in the future, as well as a better understanding
of how to improve the effectiveness and validity of the IHRJ.
International courts and tribunals now operate globally and in
several world regions, playing significant roles in international
law and global governance. However, these courts vary significantly
in terms of their practices, procedures, and the outcomes they
produce. Why do some international courts perform better than
others? Which factors affect the outcome of these courts and
tribunals? The Performance of International Courts and Tribunals is
an interdisciplinary study featuring approaches, methods and
authorship from law and political science, which proposes the
concept of performance to describe the processes and outcomes of
international courts. It develops a framework for evaluating and
explaining performance by offering a broad comparative analysis of
international courts, covering several world regions and the areas
of trade, investment, the environment, human rights and criminal
law, and offers interdisciplinary accounts to explain how and why
international court performance varies.
The emerging international human rights judiciary (IHRJ) threatens
national democratic processes and 'hollows out' the scope of
domestic and democratic decision-making, some argue. This new
analysis confronts this head on by examining the interplay between
national parliaments and the IHRJ, proposing that it advances
parliament's efforts. Taking Europe and the European Court of Human
Rights as its focus - drawing on theory, doctrine and practice -
the authors answer a series of key questions. What role should
parliaments play in realising human rights? Which factors influence
the effects of the IHRJ on national parliaments' efforts? How can
the IHRJ adjust its influence on parliamentary process? And what
triggers the backlash against the IHRJ from parliaments and when?
Here, the authors lay foundations for better informed scholarship
and legal practice in the future, as well as a better understanding
of how to improve the effectiveness and validity of the IHRJ.
The past sixty years have seen an expansion of international human
rights conventions and supervisory organs, not least in Europe.
While these international legal instruments have enlarged their
mandate, they have also faced opposition and criticism from
political actors at the state level, even in well-functioning
democracies. Against the backdrop of such contestations, this book
brings together prominent scholars in law, political philosophy and
international relations in order to address the legitimacy of
international human rights regimes as a theoretically challenging
and politically salient case of international authority. It
provides a unique and thorough overview of the legitimacy problems
involved in the global governance of human rights.
The effective implementation of human rights treaty obligations in
national law is subject to increasing attention. The main
responsibility for the international monitoring of national
implementation at the global level is entrusted to the UN human
rights treaty bodies. These bodies are established by the
respective human rights conventions and are composed of independent
experts. This book examines three aspects of these bodies: the
legal aspects of their structure, functions and decisions; their
effectiveness in ensuring respect for human rights obligations; and
the legitimacy of these bodies and their decisions. Containing
contributions from a variety of eminent legal experts, including
present and former members of the treaty bodies, the analysis
should be read in light of the ongoing effort to strengthen treaty
bodies under the auspices of the UN High Commissioner for Human
Rights and with the involvement of relevant stakeholders.
At fifty, the European Court of Human Rights finds itself in a new
institutional setting. With the EU joining the European Convention
on Human Rights in the near future, and the Court increasingly
having to address the responsibility of states in UN-lead military
operations, the Court faces important challenges at the national,
European and international levels. In light of recent reform
discussions, this volume addresses the multi-level relations of the
Court by drawing on existing debates, pointing to current deficits
and highlighting the need for further improvements.
The effective implementation of human rights treaty obligations in
national law is subject to increasing attention. The main
responsibility for the international monitoring of national
implementation at the global level is entrusted to the UN human
rights treaty bodies. These bodies are established by the
respective human rights conventions and are composed of independent
experts. This book examines three aspects of these bodies: the
legal aspects of their structure, functions and decisions; their
effectiveness in ensuring respect for human rights obligations; and
the legitimacy of these bodies and their decisions. Containing
contributions from a variety of eminent legal experts, including
present and former members of the treaty bodies, the analysis
should be read in light of the ongoing effort to strengthen treaty
bodies under the auspices of the UN High Commissioner for Human
Rights and with the involvement of relevant stakeholders.
There is an increasing focus on the need for national
implementation of treaties. International law has traditionally
left enforcement to the individual parties, but more and more
treaties contain arrangements to induce States to comply with their
commitments. Experts in this 2007 book examine three forms of such
mechanisms: dispute settlement procedures in the form of
international courts, non-compliance procedures of an
administrative character, and enforcement of obligation by coercive
means. Three fields are examined, namely human rights,
international environmental law, and arms control and disarmament.
These areas are in the forefront of the development of
international law and deal with multilateral, rather than purely
bilateral issues. Each part of the book on human rights,
international environmental law and arms control contain a general
introduction and case studies of the relevant treaties in the
field. Will appeal widely to both generalists and specialists in
international law and relations.
At fifty, the European Court of Human Rights finds itself in a new
institutional setting. With the EU joining the European Convention
on Human Rights in the near future, and the Court increasingly
having to address the responsibility of states in UN-led military
operations, the Court faces important challenges at the national,
European and international levels. In light of recent reform
discussions, this volume addresses the multi-level relations of the
Court by drawing on existing debates, pointing to current deficits
and highlighting the need for further improvements.
The past sixty years have seen an expansion of international human
rights conventions and supervisory organs, not least in Europe.
While these international legal instruments have enlarged their
mandate, they have also faced opposition and criticism from
political actors at the state level, even in well-functioning
democracies. Against the backdrop of such contestations, this book
brings together prominent scholars in law, political philosophy and
international relations in order to address the legitimacy of
international human rights regimes as a theoretically challenging
and politically salient case of international authority. It
provides a unique and thorough overview of the legitimacy problems
involved in the global governance of human rights.
There is an increasing focus on the need for national
implementation of treaties. International law has traditionally
left enforcement to the individual parties, but more and more
treaties contain arrangements to induce States to comply with their
commitments. Experts in this book examine three forms of such
mechanisms: dispute settlement procedures in the form of
international courts, non-compliance procedures of an
administrative character, and enforcement of obligation by coercive
means. Three fields are examined, namely human rights,
international environmental law, and arms control and disarmament.
These areas are in the forefront of the development of current
international law and deal with multilateral, rather than purely
bilateral issues. The three parts of the book on human rights,
international environmental law and arms control contain a general
introduction and case studies of the most relevant treaties in the
field. Will appeal widely to both generalists and specialists in
international law and relations.
* Comprehensive examination of the compliance system of the UN
Framework Convention on Climate Change and the Kyoto Protocol*
Covers development and design of the system, obstacles to its
effectiveness, the role of state and non-state parties, and the
importance of trade measures and other factors for compliance*
Contributions from leading international political scientists,
lawyers, economists, and natural scientists to this crucial aspect
of climate policyGlobal warming is the most severe environmental
challenge faced by humanity today, and the costs of responding
effectively will be high. While Russia's ratification of the Kyoto
Protocol ensures the treaty's entry into force, lack of capacity,
or incentives to renege on their commitments, will impede
mitigation efforts in many countries. An important prerequisite for
the proper functioning of the Protocol is that its compliance
system--which is spelled out by the Marrakesh Accords--proves
effective.Implementing the Climate Regime describes and analyzes
Kyoto's compliance system. Organized into four parts, Part I
describes the emergence and design of the compliance system, while
Part II analyzes various challenges to its effective
operation--such as the development of norms, verification, and the
danger that the use of punitive "consequences" may also hurt
compliant countries. Part III discusses the potential role of
external enforcement, with particular emphasis on trade sanctions.
Part IV addresses the relationship between Kyoto compliance on one
hand, and international governance, oil companies, and green NGOs
on the other.
The influence of international courts is ubiquitous, covering areas
from the law of the sea to international criminal law. This
judicialization of international law is often lauded for bringing
effective global governance, upholding the rule of law, and
protecting the right of individuals. Yet at what point does the
omnipresence of the international judiciary shackle national
sovereign freedom? And can the lack of political accountability be
justified? Follesdal and Ulfstein bring together the creme de la
creme of the legal academic world to ask the big questions for the
international judiciary: whether they are there for mere dispute
settlement or to set precedent, and how far they can enforce
international obligations without impacting on democratic
self-determination.
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