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Central Asia has emerged as potentially the most important new hydrocarbon province in decades. Among the countries whose natural resources are now the focus of world attention, Kazakhstan is very much in the front tank. The scale and strategic importance of its reserves mean that it is set to become one of the key players in the global market. Realizing that potential depends on many factors, not least its legal treatment of the oil and gas industry. The contributors to this volume consider the various dimensions of that legal treatment, including investment and contractual issues, dispute settlement, transport and refining, environmental issues, and taxation. The importance of the international context for Kazakhstan's domestic law is key feature of this book, as is a concern with identifying existing problems and suggesting the most fruitful direction for reform. The book will be of interest to practitioners and academics working in the specific field as well as in the more general area of legal relations between the oil and gas industry and transition economies. Ilias Bantekas is Reader in Law at the University of Westminster, London, UK. He has written widely in the field of international law and won the International Committee of the Red Cross Paul Reuter prize in 2000. Visiting Fellow at Harvard Law School (2003-04). John Paterson is Reader in Law at the University of Westminster, London, UK. He has written on the regulation of the oil and gas industry and acts as a consultant to the OECD Nuclear Energy Agency. Maidan Suleimenov is Professor of Law at the Kazakh State Academy of Law and Adilet Higher Law School, Almaty, Kazakhstan. He was directly involved in Kazakhstan'saccession to the Energy Charter Treaty and has also been responsible for legislative drafting in the field.
This book examines the establishment of trust funds by States and international organizations in respect of international development, environmental protection, fiscal stabilization, democracy-building and others. It traces their foundational legal attributes, their investment potential and legal status as investors and the legal means by which they are set up, particularly treaties, resolutions of international organizations, informal agreement, memoranda of understanding, unilateral acts and others. The book examines the various decision-making and management models adopted in contemporary trusts, the fiduciary and other duties of the trustee, as well as the status and rights of beneficiaries. Moreover, it examines the personality of trusts funds, whether as mere accounts, informal associations, foundations under domestic law or even international organizations. Finally, the book discusses the potential of trust funds in enhancing participatory democracy, budgeting and governance, revenue sharing and fiscal management, as well as the role of environmental trust funds. A useful resource for international lawyers, academics and international organisations.
As Qatar's aspirations of becoming a key location for international dispute settlement and international trade grow, so too does the importance of understanding private law in Qatar and the Gulf states. In this innovative book, Ilias Bantekas and Ahmed Al-Ahmed provide an original, English-language treatise on the contract law of Qatar. Using an abundance of case law, the authors combine scholarly and practice-oriented expertise to develop a comprehensive treatment of Qatari contract law. The analysis is drawn from a wealth of judgements from the Qatari Court of Cassation and Court of Appeal, much of which was previously inaccessible to readers. Bringing sophisticated, detailed insights on Qatari law to an English-speaking legal audience, this is a vital text for academics, practitioners and students who wish to comprehend this increasingly influential global player. This title is available as Open Access on Cambridge Core.
First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
As Qatar's aspirations of becoming a key location for international dispute settlement and international trade grow, so too does the importance of understanding private law in Qatar and the Gulf states. In this innovative book, Ilias Bantekas and Ahmed Al-Ahmed provide an original, English-language treatise on the contract law of Qatar. Using an abundance of case law, the authors combine scholarly and practice-oriented expertise to develop a comprehensive treatment of Qatari contract law. The analysis is drawn from a wealth of judgements from the Qatari Court of Cassation and Court of Appeal, much of which was previously inaccessible to readers. Bringing sophisticated, detailed insights on Qatari law to an English-speaking legal audience, this is a vital text for academics, practitioners and students who wish to comprehend this increasingly influential global player. This title is available as Open Access on Cambridge Core.
How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors - not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.
How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors - not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.
This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
This unique textbook merges human rights law with its practice, from the courtroom to the battlefield. Human rights are analysed in their particular context, and the authors assess, among other things, the impact of international finance, the role of NGOs, and the protection of rights in times of emergency, including the challenges posed by counter-terrorism. In parallel, a series of interviews with practitioners, case studies and practical applications offer multiple perspectives and challenging questions on the effective implementation of human rights. Although the book comprehensively covers the traditional areas of international human rights law, including its regional and international legal and institutional framework, it also encompasses, through distinct chapters or large sections, areas that have a profound impact on human rights worldwide, such as women's rights, human rights and globalisation, refugees and migration, human rights obligations of non-state actors, debt and human rights, and others.
Providing an introduction to and detailed examination of substantive, enforcement and procedural aspects of international criminal law, this book's examination of international and transnational crimes under treaty and customary law has been fully updated and revised. Exploring the enforcement of international criminal law through an investigation of the practice of the Security Council-based tribunals for Yugoslavia and Rwanda, the International Criminal Court and other hybrid tribunals, such as those for Cambodia, Sierra Leone, Lockerbie and truth commissions, the authors look at terrorism, offences against the person and piracy and jurisdiction and immunities amongst a variety of other topics. New to this edition are four additional chapters on:
This is an ideal text for undergraduate and postgraduate students of law or international relations, practitioners and those interested in gaining an insight into international criminal law
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.
International Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others." Carly Hatchard, law student, University of Bolton "The Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it's a great series." Emma Wainwright, law student, Oxford Brookes University "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level" - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, King's College London Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by extensive online resources to take your learning further (www.oup.com/lawrevision/). The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources include: - advice on revision and exam technique from experienced examiner Nigel Foster; - a diagnostic test to help you pinpoint areas to focus your revision on; - interactive glossary and key cases to help you revise key terminology, facts, and principles; - multiple choice questions to test your knowledge; and - outline answers to questions in the book.
This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
The first comprehensive treatment of Islamic contract law in the English language, Islamic Contract Law serves as both a reference work and an authoritative statement of the law and the Fiqh underlying it. The book's structure draws from the tradition of western contract law books to enable non-expert readers to easily navigate its structure, sources, and application. It covers the complete spectrum of Islamic contract regulation, and includes chapters on the formation of contracts, the sources of Islamic contract law, the role of intention, legal capacity, the importance of the subject matter, as well as the prohibited elements of contracts. Further chapters discuss validity and defects, contractual terms, bilateral agreements, equity-based partnership contracts, ancillary and unilateral contracts, termination and damages, and the role of third parties. Finally, a chapter is devoted to the application of Islamic law in contemporary Muslim-majority legal systems. This is a key work for understanding the contract underpinnings of Islamic finance instruments and is a must-read for scholars, legal professionals, and students with an interest in contracts governed by Islamic Law.
In September 2015, the United Nations General Assembly adopted the 17 Sustainable Development Goals (SDGs). This historic document constituted a transformative 'plan for action for people, planet and prosperity' with regards to the sustainable development efforts of all countries. The Sustainable Development Goals serves as an expert compendium, the most authoritative ready-reference tool for anyone interested in the SDGs. Each chapter comprises a detailed target-by-target analysis of one of the SDGs, including a methodical analysis of the preparatory proceedings that shaped each goal in its present form, an exhaustive examination of their content, and a critical assessment from an international law perspective. This commentary provides readers with the most up-to-date information on normative and legal questions arising from the incorporation of the SDGs into the international economic, social, and environmental legal frameworks, and on their implementation status. Scholars, practitioners, and those interested in the fields of law, politics, development, economics, environmental studies, and global governance will find this book a must-read.
This volume is one of the few books to explain in-depth the international crimes behind the scenes of substantive or procedural law. The contributors place a particular focus on what motivates participation in international crime, how perpetrators, witnesses and victims see their predicament and how international crimes should be investigated at local and international level, with an emphasis on context. The book engages these questions with a broad interdisciplinary approach that is accessible to both lawyers and non-lawyers alike. It discusses international crime through the lens of anthropology, neuroscience, psychology, state crime theory and information systems theory and draws upon relevant investigative experience from experts in international and domestic law prosecutions.
Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.
This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed. Thus it covers the theory of ICL, including the concepts of individual responsibility, the sources of ICL, State criminality, legality and legitimacy; the subjective (mens rea) and objective (actus reus) elements of international crimes and the particular position of the International Criminal Court Statute; the various modes of liability and participation in international crimes; the doctrine of command responsibility; defences and grounds for excluding liability; immunities; an extensive analysis of all war crimes; crimes against humanity; genocide; the crime of aggression; and, international criminal law of the sea, including piracy, armed robbery at sea, pollution-related offences, fisheries-related offences, maritime terrorism, injury to cables and pipelines, illegal broadcasting and enforcement against such offences. It also covers: transnational crimes, including organised crime, corruption, money laundering, illicit trafficking of drugs and postal offences; particular international offences against the person, especially slavery and related practices, apartheid, enforced disappearances and torture; the legal contours of the crime of terrorism; an analysis of the historical development of ICL and of the legal processes relating to the Nuremberg Tribunal; an analysis of the UN tribunals for Yugoslavia and Rwanda; an examination of the International Criminal Court; an analysis of hybrid internationalised tribunals, such as those of Iraq, Sierra Leone, Cambodia, East Timor, Kosovo, Lebanon and Lockerbie, as well as an examination of truth commissions and amnesties; the various strands of criminal jurisdiction; and, the different modes of inter-State cooperation in criminal matters, including cooperation with international tribunals, extradition, illegal rendition and mutual legal assistance.
Human rights law is a complex but compelling subject that fascinates students but also confuses them. This innovative textbook explores human rights law from a theoretical and practical perspective. Case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. The up-to-date coverage includes introductions to important emerging fields such as globalisation, poverty and advocacy. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' combined expertise, engaging writing style and ability to clarify not simplify ensures that this important new book will become required reading for all students of human rights law.
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