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This collection addresses the central question of how the current international framework for the regulation of fisheries may be strengthened in order to meet the challenges posed by changing fisheries and ocean conditions, in particular climate change. International fisheries law has developed significantly since the 1990s, through the adoption and establishment of international instruments and bodies at the global and regional levels. Global fish stocks nevertheless remain in a troubling state, and fisheries management authorities face a wide array of internal and external challenges, including operational constraints, providing effective management advice in the face of scientific uncertainty and non-compliance by States with their international obligations. This book examines these challenges and identifies options and pathways to strengthen international fisheries law. While it has a primarily legal focus, it also features significant contributions from specialists drawn from other disciplines, notably fisheries science, economics, policy and international relations, in order to provide a fuller context to the legal, policy and management issues raised. Rigorous and comprehensive in scope, this will be essential reading for lawyers and non-lawyers interested in international fisheries regulation in the context of profoundly changing ocean conditions.
Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. Improved access for shipping and resource development is leading to new international rules on safety, pollution prevention and emergency response. Around the Arctic, maritime boundary disputes are being negotiated and resolved, and new international institutions, such as the Arctic Council, are mediating deep-rooted tensions between Russia and NATO and between nation states and indigenous peoples. International Law and the Arctic explains these developments and reveals a strong trend towards international cooperation and law-making. It thus contradicts the widespread misconception that the Arctic is an unregulated zone of potential conflict.
A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.
An International Expert Workshop on the Right to Social Security was held in April 2005 at the German Institute for Human Rights, whose purpose was to highlight specific issues of the right to social security which should be addressed by the Committee when drafting a General Comment on article 9. The results of this workshop are published in this volume providing an insight into the current challenges on social security as a human right.
Authored by international experts from academia, international organizations, governments and NGOs, this book highlights the main environmental security issues in the South-East European (SEE) countries, with a particular focus on climate change and water management. The common goal of the authors was to provide a reliable evaluation of whether existing legal regimes and correct implementation of applicable international treaties may contribute to reducing environmental security risks in the region. In-depth analyses and assessment of major challenges in compliance, serve as a firm ground which such evaluation is based on. This volume is recommended for public officials, legal practitioners and consultants. Its interest may also extend beyond the SEE countries, serving as a case-study of a broader and paradigmatic relevance of the analysis and management of environmental and security issues in a trans-boundary context.
This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations. The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which international organizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of International Organizations will be of particular interest to academics and graduate students in the fields of international law, international politics and international relations.
Layered Global Player offers a concise but thorough overview of the principles of EU external relations law. By closely examining the role of the European Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting the legal developments in their historical and political context. The book contains up-to-date analyses of topics such as the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers with regard to the environment, fundamental human rights and development cooperation. It also includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. Overall, this book couples an innovative design with comprehensive coverage and an engaging style of writing. Its compactness and accessibility enable readers to master the main features of this dynamic field of law with ease, making it an indispensible resource for scholars and practitioners alike.
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
The objective of this book is to provide ICAO, States, competent authorities and aerodrome operators with a comprehensive overview of legal challenges related to international aerodrome planning. Answers to derived legal questions as well as recommendations thereafter shall help to enhance regulatory systems and to establish a safer aerodrome environment worldwide. Compliant aerodrome planning has an immense impact on the safety of passengers, personnel, aircraft - and of course the airport. Achieving a high safety standard is crucial, as many incidents and accidents in aviation happen at or in the vicinity of airports. Currently, more than 40% of the ICAO Member States do not fully comply with international legal requirements for aerodrome planning. Representatives of ICAO and States, as well as aerodrome and authority personnel, will understand why compliance with the different legal facets of aerodrome planning is challenging and learn how shortcomings can be solved.
This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis "on which fair and just societies are built." The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council's evolving counterterrorism policies and practices -Victims' Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.
Basic Documents in International Law draws together all of the most
important documents needed for the study of international law.
Collated by Ian Brownlie, a worldwide expert in the field, this
book has provided students and practitioners with the most
essential instruments giving a thorough grounding in this diverse
and fascinating field of law.
Cities around the globe struggle to create better and more equitable access to important destinations and services, all the while reducing the energy consumption and environmental impacts of mobility. An Introduction to Sustainable Transportation illustrates a new planning paradigm for sustainable transportation through case studies from around the world with hundreds of valuable resources and references, color photos, graphics and tables. The second edition builds and expands upon the highly acclaimed first edition, with new chapters on urban design and urban, regional and intercity public transportation, as well as expanded chapters on automobile dependence and equity issues; automobile cities and the car culture; the history of sustainable and unsustainable transportation; the interrelatedness of technologies, infrastructure energy and functionalities; and public policy and public participation and exemplary places, people and programs around the globe. Among the many valuable additions are discussions of autonomous vehicles (AVs), electric vehicles (EVs), airport cities, urban fabrics, urban heat island effects and mobility as a service (MaaS). New case studies show global exemplars of sustainable transportation, including several from Asia, a case study of participative and deliberative public involvement, as well as one describing life in the Vauban ecologically planned community of Freiburg, Germany. Students in affiliated sustainability disciplines, planners, policymakers and concerned citizens will find many provides practical techniques to innovate and transform transportation.
At the start of the twenty-first century the story of Africa's engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions' authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa's international relations, but that could potentially change the entire practice of international law.
The Hungarian Yearbook of International Law and European Law is a collection of articles written mostly by Hungarian authors covering developments in the field of international law and EU law, and progress indomestic implementation and application of these fields of law. The thematic part of the present volume centres around the issues of nationality, identity, loyalty and citizenship. The authors explore the gradually changing state approaches to multiple citizenship, as well as the shift in the focus of international conventions dealing with nationality. The Yearbook also contains numerous articles analysing well-known Hungary-related cases and their assessment from the perspective of Hungarian legal experts. The Yearbook offers a comprehensive picture of the state of application and implementation of EU law and international law in Hungary.
Integration policies are at the forefront of EU and national debates. At the EU level, integration issues have gained extensive importance in the framework of the development of an EU migration policy. At the national level, discourses about failed integration policies have put integration policies under high pressure in political and legislative debates. Thereby, an interaction between the EU level and the national level can be observed. A general trend emerges where immigration and integration policies become increasingly interconnected. More precisely, migrants' access to a (stronger) legal status is becoming dependent on their level of integration. This book contains the updated outcomes of a conference where these interactions have been scrutinized. The first part demonstrates that several instruments are adopted at the EU level that frame the emergence of a European Integration Policy which has an effect on national policies. The second section outlines a trend in Member States to require third country nationals to fulfill integration obligations. If such a trend is fuelled by growing EU attention, EU rules may also limit their effect. Part three analyzes three national models as examples of integration policies with mandatory elements. The final part explores the effects of such integration requirements on the position of migrants: their integration and their residence rights.
This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 135 reports on, amongst others, the Partial and Final Awards of the Eritrea Ethiopia Claims Commission, the judgments of the United States Court of Appeals relating to the 1998 2000 Eritrea-Ethiopia armed conflict and the native land title cases from the Inter-American Commission on Human Rights, Belize and Malaysia.
In our globalised world the sources and actors of international law are many and its growth prolific and disorderly. International law governs the actions of states on matters as long-established as diplomatic immunity or as recent as the War on Terror, and it now impacts upon the lives of ordinary citizens in areas as diverse as banking and investment, public health and the protection of the environment. In this accessible introduction Emmanuelle Tourme Jouannet explains the latest developments in international law in the light of its history and culture, presenting it as an instrument both for dominance and for change that adjusts and balances the three pillars of the United Nations Charter: the prohibition of the use of force; economic, social and sustainable development; and human rights.
Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifies the large comparative scope of current research. The contributors discuss constituent assemblies in South East Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, an inspirational thinker on the current topic, offers an analysis of the micro-foundations of constitution-making, with special emphasis on the role of crises-generated passions.
International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.
Socio-centric societies have vibrant - albeit different - concepts of human flourishing than is typical in the individualistic West. These concepts influence the promotion of human rights, both in domestic contexts with religious minorities and in international contexts where Western ideals may clash with local norms. Human Rights in Thick and Thin Societies uncovers the original intentions of the drafters of the Universal Declaration of Human Rights, finds inspiration from early leaders in the field like Eleanor Roosevelt, and examines the implications of recent advances in cultural psychology for understanding difference. The case studies included illustrate the need to vary the application of human rights in differing cultural environments, and the book suggests a new framework: a flexible universalism that returns to basics - focusing on the great evils of the human condition. This approach will help the human rights movement succeed in a multipolar era.
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.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 131 reports on, amongst others, refugee cases from Australia, Canada, New Zealand and the United Kingdom, the UK House of Lords decision in Roma Rights, and the UK House of Lords decision in Quark and the related European Court of Human Rights decision.
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
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