Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.
When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care and the health care system as we know it?
Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.
She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another.
The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law. It features some of most prominent scholars and practitioners who contributed in fundamental ways to shaping policies, strategies, theories, scholarly studies, and debates in the field of non-proliferation and disarmament.
On the occasion of ISODARCO's 50th anniversary this book revisits a selection of contributions that capture the pressing issues during the five decades of continuous engagement in disarmament and non-proliferation education. This book explores the objects, means and ends of international cultural heritage protection.
It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage.
Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity. On the occasion of the 50th anniversary of the Outer Space Treaty this book gives a first insight into where the next generation considers room for further improvement of the Outer Space Treaty in order to cope with upcoming aspects such as providing solutions for the emerging commercial, economic, environmental and social questions.
At the time of the adoption of the Outer Space Treaty in the purpose of this treaty was to avoid conflicting military situations in space. However, 50 years later the Outer Space Treaty is in demand to meet the ever increasing space activities and the different actors involved such as the rise of the private sector players. Freedom of the seas is the foundation of all sea power and a bedrock principle of international law and global order. Separated from the centers of power in Europe and Asia by the Atlantic and Pacific Oceans, the United States has relied on the principles of freedom of navigation for economic prosperity and military security.
James Kraska and Raul Pedrozo focus on the struggle to safeguard that freedom. Challenges to U. Delving into the law and meaning of international organizations, this book addresses the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another.
Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as:organization functions and structuremembership and membership powersthe rights of international organizationsdispute settlement in international organizationstermination of an international organizationWritten in an accessible and engaging way, this book is ideal reading for students new to the Law of International Organizations and as a reference for those active in fields impacted by international organizations.
Cet ouvrage a pour objectif d'exposer aussi simplement que possible le droit international privé, matière réputée difficile. Il présente les trois objets du droit international privé enseignés en L3 et en M1 dans les facultés de droit : les conflits de lois, les conflits de juridictions, la nationalité et la condition des étrangers. La première partie est consacrée aux principes généraux des conflits de lois et de juridictions ; la deuxième expose l'application de ces principes aux différentes matières du droit privé ; la troisième aborde la nationalité et la condition des étrangers.
L'exposé du droit positif, et spécialement en ce domaine de la jurisprudence, a été privilégié. Cette huitième édition intègre l'évolution de la jurisprudence jusqu'au 31 janvieren particulier la jurisprudence sur les Règlements européens Bruxelles I et Bruxelles Il bis. Elle présente également tous les Règlements européens entrés en vigueur : funfair rides miami Règlements Rome I sur la loi applicable aux obligations contractuelles, Rome II sur la loi applicable aux obligations extracontractuelles, Rome Ill sur la loi applicable en matière de divorce, le Règlement obligations alimentaires, le Règlement relatif aux successions internationales, et les Règlements régimes matrimoniaux et partenariats enregistrés qui seront applicables en Cette édition évoque également le nouveau divorce sans juge entré dans le Code civil avec la loi du 18 novembre et qui pose beaucoup de difficultés en droit international privé.
Human Trafficking and Modern Slavery Law and Practice is a concise, practical, guide to modern slavery and human trafficking law and procedure, in a step by step format, covering all aspects of representing victims of human trafficking and the law surrounding this.
Its cross-discipline approach offers practical guidance for criminal and immigration practitioners unfamiliar with each side of these practice areas. A large number of cases involving victims of trafficking have gone through the appeal courts in recent years. Despite the Court of Appeal in those cases heavily criticising police, prosecutors and defence lawyers who failed to identify and act upon claims of trafficking, victims are still slipping through the net and being convicted when they should not be.
All practitioners who work in the field of modern slavery and human trafficking will know there is a hybrid of legal issues for any one case and practitioners will need to be alive to all legal issues. This book aims to be a concise, manageable text for criminal and immigration practitioners alike and acts as a quick reference source for use by practitioners at court and at all stages through the justice and immigration system, as well as having appeal to the judiciary, students, academics and law enforcement agencies.
Iran's presidents have defined the Islamic Republic's attitudes toward the rest of the world. Never has this been more true than now. In The Quest for Authority in IranSiavush Randjbar-Daemi presents an in-depth analysis of the evolution of the Iranian presidency from its inception in the aftermath of the Islamic Revolution to the present day.
He offers detailed narratives of each the presidents' ascent to the post and their struggles to acquire authority and maintain relevance within the political process. The figures under consideration include the widely-admired Mohamad Khatami, the internationally-criticized Mahmoud Ahmadinejad, and the incumbent president Hassan Rouhani, who steered the decade-long nuclear confrontation between Iran and the West towards a diplomatic conclusion.
This book sheds light on the extraordinarily complex workings of the Iranian state, taking into account both the opportunities and challenges that each president has faced whilst in power. Essential reading for scholars of Iranian history, political science, and international diplomacy. This text details the types and activities of international organizations and provides students with the conceptual tools needed to evaluate their effectiveness.
Never before has diplomacy evolved at such a rapid pace. It is being transformed into a global participatory process by new media tools and newly empowered publics. He shows how the focus of diplomatic practice has shifted away from the closed-door, top-level negotiations of the past.
This has given rise to a more open and reactive approach to global problem-solving with consequences that are difficult to predict. Drawing on examples from the Iran nuclear negotiations to the humanitarian crisis in Syria, Seib argues persuasively for this new versatile and flexible public-facing diplomacy; one that makes strategic use of both new media and traditional diplomatic processes to manage the increasingly complex relations between states and new non-state political actors in the 21st Century.
In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive e.
This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these rides at the royal show 2018 perspectives.
This book looks at how the text and the principles of the Model Law have been implemented or not in key Asian jurisdictions. Most of the jurisdictions covered in this book have declared that they have adopted the Model Law but often with significant modifications.
Even when jurisdictions adopt some provisions of the Model Law verbatim, their courts may have interpreted these provisions in a manner inconsistent with their goals and with how they are interpreted internationally.
When a jurisdiction has not adopted the Model Law, the chapter compares its legislation to the Model Law to determine whether it is consistent with its principles.
Each chapter follows the structure of the Model Law allowing the reader to easily compare the arbitration laws of different jurisdictions on each topic. Al giorno d'oggi, l'impatto del diritto dell'Unione si avverte in tutti i settori del diritto. Oltre ad ambiti per i quali il diritto unitario rappresenta da molti anni una presenza rilevantissima diritto societario, diritto della proprietà industriale, commerciale e intellettuale, diritto del lavoro, diritto dei contratti pubblici, diritto delle imposte indirette, diritto dei trasporti e della navigazione, diritto internazionale privato e processuale, diritto dell'immigrazionemajor fairground rides for sale tempi più recenti si è sviluppato un corpus di norme europee di grande importanza nel campo del diritto e della procedura penale e persino in quello del diritto di famiglia.
Basti pensare al mandato d'arresto europeo e alla appena approvata Procura europea o EPPO, secondo l'acronimo inglese. If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives and regulations that constitute the State aid system is much needed.
In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts and judicial decisions concerning State aid can be understood and applied to specific situations. Le présent ouvrage fournit la première analyse des moyens d'ordre public en droit du contentieux de l'Union européenne. Sont examinés successivement la notion et le régime de ces moyens, grâce à une analyse systématique et fournie de la jurisprudence de la Cour de justice, du Tribunal et du Tribunal de la fonction publique.
En passant en revue tous les moyens d'ordre public, leur relevé d'office par le juge, leur invocation par les parties et leur soumission au débat contradictoire, l'ouvrage renseigne également sur les caractéristiques et les principes directeurs des procédures contentieuses relevant des juridictions de l'Union. Cet ouvrage se destine à un public universitaire spécialisé en droit et en contentieux de l'Union européenne et, plus généralement, en droit processuel.
Il intéressera par ailleurs tous les praticiens spécialisés dans les contentieux relevant des juridictions de l'Union. Das Buch schlägt eine tiefgreifende Reform der EU vor. Defekte der EU werden identifiziert. Die Vorschläge basieren auf den Konzepten begrenzter Supranationalität und einer ausgewogenen Sicht des Nationalstaats.
Die Europäische Union durchlebt turbulente Zeiten. Vor diesem Hintergrund analysieren die Wissenschaftlerinnen und Wissenschaftler in diesem Band die Europäische Kommission. Ziel ist eine Bestandaufnahme und Neubewertung ihrer Rolle im politischen System der EU, ihrer internen Organisationsstrukturen und Prozesse sowie ihrer Politikgestaltungs- und Implementationsfunktionen.
This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary.
In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.
The Paris Agreement will replace the Kyoto Protocol which expires inand it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions NDCs.
The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance.
The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient.
In the weeks following 11 Novemberthe British, French, and Italian Governments agreed on a trial. The Kaiser had fled to the Netherlands, possibly after receiving signals from the Dutch Queen that he would be welcome. Renegade US soldiers led by a former Senator failed in a bizarre attempt to take him prisoner and bring him to Paris.
During the Peace Conference, the Commission on Responsibilities brought international lawyers together for the first time to debate international criminal justice. Le contentieux du statut et du transfert des joueurs a souvent une influence majeure sur leur carrière. La mise en place des organes décisionnaires de la FIFA, les possibilités de recours contre leurs décisions ont contribué à la création d'une jurisprudence sportive mondiale.
Comment fonctionnent ces différentes juridictions? Quel est le droit matériel applicable? Quelles sont les décisions majeures récentes? Cet ouvrage offre un tableau complet de règlements et de décisions en matière de litige international relatif au statut et au transfert des joueurs. Drawing on a wide range of scholarly works and archival documents from sources as diverse as the Dutch East India Company, the Ottoman Empire and the British Government, Buderi and Ricart analyze historical events from antiquity up to modern times.
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Ultimately, the authors reach conclusions on the ownership of the islands under international law which challenge the positions of both parties. Ntovas -- Protection standards for the marine environment updating part of the law of the sea convention? The Convention was opened for signature in and entered into force on 1 February Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first and only international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities.
In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements.
The volume thus updates and augments previous assessments. International organizations IOs matter. This book uncovers the regular working world of IOs, examining whether, to what extent, and how these 'global governing bodies' can act independently of the will of states.
This book explores this issue by asking who or what shapes their decisions; how and when decisions are made; how players interact within an IO; and how the interactions vary across IOs. The book demonstrates that none of them are unified; in each there are contested ideas about strategy and appropriate projects, and analyses their interactions to explain who is able to shape or influence decisions.
Six representative IOs are studied to identify the relevant critical determinants that shape the behaviour of players. The volume explores how these players have an impact over three dilemmas that are common to all IOs: priority and agenda setting, financing, and the centralization or decentralization of operations. This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities.
Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of cellulite ppt presentation States and international organizations.
The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be.
An understanding of the law is more useful to a practitioner than a criticism of it.
The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane.
That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States.
Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system.
By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.
Nigel Lowe is a leading expert in international family law, with a world-wide reputation for his work in child law, international family relocation and child abduction.
His career, spanning more than 40 years, has produced a huge body of literature and is internationally influential and of particular importance within Europe.
A collaborative effort by members of the judiciary, practitioners and fellow academics from both the United Kingdom and other jurisdictions, this book is a recognition of the impact of his work.
It covers key issues in international child and family law including those in which Professor Lowe's work has been particularly influential, namely adoption, wardship, parental responsibility, children's rights, international family relocation and the Hague Convention on International Child Abduction. International and transnational family law has been a developing field of study and a growing area of legal practice over recent years.
At a time of great international change and with the complications and implications of Brexit, this book covers many of the key issues in family law today and provides the reader with an exploration of possible future developments in the field.
Written in honour of the internationally renowned Professor Nigel Lowe, this book explores current issues in international family and child law and considers how the field might develop in the future. By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules.
However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations.
International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law. This book achieves three objectives. The first is to show that international law is not a monolith.
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The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas.
The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.
The first monograph to offer a comprehensive study of the relationship between international legal personality as a theoretical construct and the way in which individuals have been taken into account in the practice of international law.
Identifies and explains the four main theoretical conceptions of international legal personality and relates each of them to the question of the distinction between international and domestic legal norms. Provides a comprehensive and easily accessible overview of how individuals have been taken into account in international law as a matter of positive norms. Challenges the existing narrative concerning the development of the role of the individual in the international legal system. This important and unique volume begins with seven essays that discuss the contemporary challenges to implementing international humanitarian law.
Its second and largest section comprises more than entries covering the vast majority of IHL concepts. Written by a wide range of experts, each entry explains the essential legal parameters of a particular element of IHL, while offering practical examples and, where relevant, historical considerations, and supplying a short bibliography for further research.
The starting point for the selection were notions arising from the Geneva Conventions, the Additional Protocols, and other IHL treaties. However, the reader will also encounter entries going beyond the typical scope of IHL, such as those related to the protection of the natural environment and animals, and entries that, in addition to an IHL perspective, discuss relevant issues through the lens of human rights law, refugee law, international criminal law, the law on State responsibility, national law, and so on.
The editors have also attempted to take into account certain concepts that have no direct foundation in IHL, but that are commonly used in mass media and politics. The Companion to International Humanitarian Law offers a much-needed tool for both scholars and practitioners, supplying information accessible enough to enable a variety of users to quickly familiarise themselves with it and sufficiently comprehensive to be a source for reflection and further research for more demanding users.
Its aim is to facilitate the practical application of IHL, and be of use to a wide audience interested in or confronted with IHL, ranging from professionals in humanitarian assistance and protection in the field, legal officers and advisers at the national and international level, trainers, academics, scholars, and students. Introducing the key events and developments in international relations, this authoritative and engaging book provides students with a clear understanding of the contemporary issues in international politics.
In the Chicago Convention set out the foundations of public international law regulating international air transport, but until no international agreement existed to limit its environmental impact. Sustainable Development, International Aviation, and Treaty Implementation explains why the CORSIA scheme adopted by the International Civil Aviation Organization inshould be implemented in even though the adequacy of this scheme is still open to doubt and criticism. This book seeks to examine the many dimensions of the effort to contain greenhouse gas emissions from aircraft in a manner consonant with the principles of sustainable development, and examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law.
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International civil aviation is a significant polluter of the atmosphere, and in this volume, a group of air law and sustainable development law specialists considers how the international community can respond. In a fresh and original account, Lloyd Freeburn challenges the conventional conception of contracts as the consent-based legal foundation of international sports law.
The non-consensual jurisdiction of the Court of Arbitration for Sport is similarly tainted. A sound legal foundation for regulatory authority in sport is both desirable and necessary. Football and the Law is the first comprehensive review of the law relating to all aspects of football, including the main regulatory and commercial aspects of the sport. With contributions from more than 50 of the leading experts in the field, Football and the Law is a valuable resource for lawyers and others active in the football industry, as well as a vital source of material for students, legal practitioners and others who wish to learn more about the area.
The work refers to the key legal principles, cases and regulatory materials relevant to football. Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law.
Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions the United States, France, Germany, the United Kingdom, Italy, and the Netherlands she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations.
This book provides an unprecedented analysis and appraisal of party autonomy in private international law — the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. Such agreements have become an increasingly important part of cross-border maigrir euthyrox 88 relations, but many aspects of party autonomy remain controversial and contested.
This book includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications. It also provides an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications, with particular consideration of some other important jurisdictions including China and Brazil.
Greenland and the International Politics of a Changing Arctic examines the international politics of semi-independent Greenland in a changing and increasingly globalised Arctic. Without sovereign statehood, but with increased geopolitical importance, independent foreign policy ambitions, and a solidified self-image as a trailblazer for Arctic indigenous peoples' rights, Greenland is making its mark on the Arctic and is in turn affected - and empowered - by Arctic developments.
The chapters in this collection analyse how a distinct Greenlandic foreign policy identity shapes political ends and means, how relations to its parent state of Denmark is both a burden and a resource, and how Greenlandic actors use and influence regional institutional settings as well as foreign states and commercial actors to produce an increasingly independent - if not sovereign - entity with aims and ambitions for regional change in the Arctic.
This is the first comprehensive and interdisciplinary examination of Greenland's international relations and how they are connected to wider Arctic politics. It will be essential reading for students and scholars interested in Arctic governance and security, international relations, sovereignty, geopolitics, paradiplomacy, indigenous affairs and anyone concerned with the political future of the Arctic.
Most studies describing the evolution of international courts ICs have either drawn on classical legalistic approaches or been developed by constitutionalists. What has unified both strands of research is the often implicit description of a universal and unidirectional strengthening of legalization and judicialization in global affairs. The present volume puts the question in a different way. Rather what this book does is to ask - from a multidisciplinary perspective - how and to what degree do ICs actually influence, impose constraints on and create loyalty from those actors involved?
It is our claim that rather little research has been occupied with the actual effects on the ground for those national courts, political institutions and citizens who are formally governed by the increased judicialization.
International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level.
The essays question the view that legal dogmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research.
An informative book focusing on the internationalisation and legalisation of peace agreements to settle intra-state conflicts between state and non-state parties. Cindy Wittke focuses on two key issues: how international courts and tribunals deal with peace agreements; and what implications the United Nations Security Council's involvement in the negotiation and implementation of peace agreements has for the agreements' legal nature, the status of the non-state parties to agreements and the interpretation of peace agreements.
Wittke argues that the processes of negotiating and implementing peace agreements between state and non-state parties create new spheres, spaces and forms of post-conflict law making and law enforcement.
For example, contemporary peace agreements can simultaneously take the form and function of internationalised transitional constitutions and agreements governed by international law.
The resulting characteristics of contemporary peace agreement lead to permanent ambiguities shaping their interpretation and enforcement. Global climate change is a topic of continuously growing interest.
As more international treaties come into force, media coverage has increased and many universities are now starting to conduct courses specifically on climate change laws and policies.
This textbook provides a survey of the international law on climate change, explaining how significant international agreements have sought to promote compliance with general norms of international law. Benoit Mayer provides an account of the rules agreed upon through lengthy negotiations under the United Nations Framework Convention on Climate Change UNFCCC and multiple other forums on mitigation, geoengineering, adaptation, loss and damage and international support.
The International Law on Climate Change is suitable for undergraduate and graduate students studying climate, environmental or international law. It is supported by a suite of online resources featuring regularly updated lists of complementary materials and weblinks, and annually updated briefs for specific chapters.
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? The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability.
An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed. Por su naturaleza, el Estrecho de Gibraltar se enfrenta a una, cada vez mayor, degradación de su medio ambiente marino, consecuencia, entre otras, de la ausencia de un marco jurídico adaptado a su particularidad.
Y es que, al día de hoy los estrechos utilizados para la navegación internacional, carecen de una normativa específica que responda a esta situación. Por lo que se refiere al Estrecho de Gibraltar, cabe señalar que la dificultad de proteger su medio ambiente aumenta debido a su ubicación geoestratégica y a la existencia de una latente controversia de soberanía sobre sus aguas.
Circunstancias todas ellas que dificultan la consecución de cualquier acuerdo internacional entre los Estados ribereños, que pueda servir de base para la fijación de un marco jurídico eficaz de protección. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance.
The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.
International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. International Environmental Law covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation.
It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections — foundations, substantive regulation, implementation, caries significado wikipedia influence on other areas of international law — which help the reader to navigate the different areas of international environmental law.
Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.
This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation.
The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.
Developments in Environmental Regulation draws its focus on the effects of risk-based approaches to the environmental regulation of business and industry, including its impact on sustainable economic growth.
This edited collection has been written by a group of highly experienced regulatory specialists whose insightful perspectives on key areas of environmental regulation are situated at the core of this work. This book will appeal to students and academics, policy-makers and environmental practitioners interested in understanding how environmental policy and regulation is applied and how it can be adapted to its political context. The Aarhus Convention entered into force more than 20 years ago.
It lays down the pillars of environmental democracy, that is a governance systems where citizens and civil society organisations are fully involved in the decisions affecting the environment we all live in. On the one hand the Convention drew on the experience of those jurisdictions where environmental concerns run deeper. On the other hand, once enacted, it was expected to bring about important changes in those jurisdictions which were less sensible to these issues.
As such, the Convention is an ideal testing ground upon where to study how legal principles, rules and institutions behave once they are moved from one jurisdiction to another and how the recipient jurisdiction reacts at receiving a transplant. The analysis from a legal cultural approach the law in the EU and 8 Member States provides a much richer picture about how the Aarhus Convention has been implement and what are the legal cultural enablers and obstacles to the full development of environmental democracy in different jurisdictions.
Additionally, the research assesses how far is a common European legal culture developing in core areas not just of environmental, but of administrative and to a large extent of constitutional law? The book provides an updated coverage of the implementation of the Aarhus Convention at both EU level and in a relevant number of Member States and will be useful to academics and practitioners alike.
There is currently no basic text in wildlife law suitable for the wide range of courses in wildlife conservation and animal welfare at both bachelors and masters level, or for the large number of people who work in conservation and animal welfare; The Laws Protecting Animals and Ecosystems fills the gap in this significant market for a basic law text applicable to students and professionals whose primary training is in biology but who require a basic understanding of the laws relating to the protection of animals and ecosystems.
The text is applicable to a wide range of subjects, including wildlife conservation, animal handling, animal welfare, animal husbandry, and veterinary science. The IMF stands at a crossroad. Derided as increasingly gynécomastie surpoids calcul in the first decade of the new millennium, the Fund has had its power and prestige restored by the fallout from the global financial crisis.
But will the resurgent IMF assert a more just and sustainable macroeconomic model and provide a voice for poor and marginalized people around the globe? Or will enduring weaknesses within the IMF mean it fails to address these issues?
Identifying four areas that could fix the IMF, they show how these genuine and workable solutions can give the IMF the effectiveness and legitimacy it needs to positively shape twenty-first-century global governance and push back against volatile and regressive forces in the international political economy.
Water justice is becoming an ever-more pressing issue in times of increasing water-based inequalities and discrimination. Megacities, mining, forestry, industry and agribusiness claim an increasingly large share of available surface and groundwater reserves. Water grabbing and pollution generate poverty and endanger ecosystems' sustainability.
Beyond large, visible injustices, the book also unfolds the many 'hidden' water world injustices, subtly masked as 'rational', 'equitable' and 'democratic'. It features critical conceptual approaches, including analysis of environmental, social, cultural and legal issues surrounding the distribution and management of water. Illustrated with case studies of historic and contemporary water injustices and contestations around the world, the book lays new ground for challenging current water governance forms and unequal power structures.
It also provides inspiration for building alternative water realities. With contributions from renowned scholars, this is an indispensable book for students, researchers and policymakers interested in water governance, environmental policy and law, and political geography. This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis.
This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades.
By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order.
To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism.
Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law. Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court.
Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts.
Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.
How do adversaries communicate? How do diplomatic encounters shape international orders and determine whether states go to war? Diplomacy, from alliance politics to nuclear brinkmanship, almost always operates through a few forms of signaling: choosing the scope of demands on another state, risking a breach in relations, encouraging a protégé, staking one's reputation, or making a diplomatic approach all convey specific sorts of information.
Through rich history and analyses of diplomatic network data from the Confidential Print of the British Empire, Trager demonstrates the lasting effects that diplomatic encounters have on international affairs.
The Concert of Europe, the perceptions of existential threat that formed before the World Wars, the reduction in Cold War tensions known as détente, and the institutional structure of the current world order were all products of inferences about intentions drawn from the statements of individuals represented as the will of states.
Diplomacy explains how closed-door conversations create stable orders and violent wars. Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means.
No dia da estreia, no entanto, foi proibida pelas autoridades militares. Ainda assim a peça foi outra vez censurada. De 60 a 63, se percebe nas telenovelas o projeto de transmitir ao espectador a realidade brasileira. Os príncipes e condes cedem lugar aos industriais, homens de negócio e membros das profissões liberais. Esta funcionaria como alternativa ao predomínio da cultura sentimental nas telenovelas.
Ela apresenta, pela primeira vez, um anti-herói, nos moldes de Macunaíma. Beto Rockfeller é considerada, pela maioria dos autores dedicados ao estudo da telenovela brasileira, como o marco do fim de sua fase experimental. Enfim, Beto Rockfeller marca a conquista da classe média para a telenovela. A partir deo nacionalismo passa a ser também o discurso oficial do governo militar.
Nesses autores, a modernidade passa por citações cada vez maiores do universo do consumo. Dancing Daysnovela de Gilberto Braga, teve parte de seu enredo passado numa discoteca. Por outro lado, planos longos mostram a praia de Ipanema, ou flashes de Lisboa. Linguistas funcionam como consultores sobre enredos regionais. As variadas culturas desses países fazem com que os títulos sejam mudados. Em Cuba, por exemplo, a novela Selva de Pedra transformou-se em Te odio, mi amor.
Didier Masseau se refere, por exemplo, à correspondência que Bernardin de Saint-Pierre, autor de Paulo e Virgíniamantinha com seus leitores, que o reconheciam como seu guia e conselheiro. Nos dois casos, os dois tipos de intelectual tinham assegurado o circuito de suas ideias e opiniões, das quais recebia imediatamente o feed-back.
A nova visibilidade como massa atribui às classes populares uma presença indiscutível nos diferentes contextos nacionais latino-americanos. Experimentando mais benesses do que perdas neste processo, as classes populares adquirem uma nova forma de ser nas grandes cidades.
A novela continua a seguir os códigos da linguagem, os gostos, as ambições da classe média A maioria dos autores de novelas no Brasil fazem também parte de uma elite, de uma classe média e dela refletem os valores.
Mattelart Estudar a telenovela significa, portanto, tentar o confronto com a realidade que ela escamotea. Admitir que a telenovela faz parte do cotidiano de todas as classes sociais do Brasil é um primeiro passo. Mas, à maneira da própria telenovela, nos obriga a perceber o presente brasileiro com um olhar a um só tempo mais imaginativo e mais realista. Ver Anamaria Fadul, ed. As Telenovelas Latino-Americanas. Apud José M. Na época, havia uma rede que copiava os episódios e os alugava ou vendia em bloco a cada sexta-feira.
Revista de la Unión de Escritores y Artistas de Cuba, 2, abril-mayo-junio