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Archaeological heritage legislation aims to ensure the best possible protection for the archaeological heritage, yet it remains the case that legislation can remain ineffective through other practical considerations. Some consideration may be legal or procedural, such as difficulties in enforcing legislation or in preventing crimes or damage or archaeological monuments. ...
Competing Values in Archaeological Heritage
Archaeological heritage legislation aims to ensure the best possible protection for the archaeological heritage, yet it remains the case that legislation can remain ineffective through other practical considerations. Some consideration may be legal or procedural, such as difficulties in enforcing legislation or in preventing crimes or damage or archaeological monuments. However other problems may be less obvious and harder to address, and require solutions which go much further than the simple application of the law. The aim of this volume is to address several issues surrounding the management of archaeological heritage comparing and contrasting which laws 'work' and which ones do not, and ignoring other issues which might effectively present the transplantation of an 'ideal system' to another country or political climate. Or the cultural attitudes which might prevent a law working in the legal system for which it was designed. The contributions are from various international jurisdictions and address a variety of subjects - from the protection of archaeological monuments to dealing with and controlling chance finds made by members of the public.
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115.490000 USD

Competing Values in Archaeological Heritage

Hardback
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As the distributed architecture underpinning the initial Bitcoin anarcho-capitalist, libertarian project, 'blockchain' entered wider public imagination and vocabulary only very recently. Yet in a short space of time it has become more mainstream and synonymous with a spectacular variety of commercial and civic 'problem'/'solution' concepts and ideals. From commodity provenance, ...
Regulating Blockchain: Critical Perspectives in Law and Technology
As the distributed architecture underpinning the initial Bitcoin anarcho-capitalist, libertarian project, 'blockchain' entered wider public imagination and vocabulary only very recently. Yet in a short space of time it has become more mainstream and synonymous with a spectacular variety of commercial and civic 'problem'/'solution' concepts and ideals. From commodity provenance, to electoral fraud prevention, to a wholesale decentralisation of power and the banishing of the exploitative practices of 'middlemen', blockchain stakeholders are nothing short of evangelical in their belief that it is a force for good. For these reasons and more the technology has captured the attention of entrepreneurs, venture capitalists, global corporations and governments the world over. Blockchain may indeed offer a unique technical opportunity to change cultures of transparency and trust within cyberspace, and as `revolutionary' and `disruptive' has the potential to shift global socioeconomic and political conventions. But as a yet largely unregulated, solutionist-driven phenomenon, blockchain exists squarely within the boundaries of capitalist logic and reason, fast becoming central to the business models of many sources of financial and political power the technology was specifically designed to undo, and increasingly allied to neoliberal strategies with scant regard for collective, political or democratic accountability in the public interest. Regulating Blockchain casts a critical eye over the technology, its `ecosystem' of stakeholders, and offers a challenge to the prevailing discourse proclaiming it to be the great techno-social enabler of our times.
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196.22 USD

Regulating Blockchain: Critical Perspectives in Law and Technology

by Robert Herian
Hardback
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This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control ...
Human Rights Obligations of Non-State Armed Groups
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
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51.19 USD

Human Rights Obligations of Non-State Armed Groups

by Daragh Murray
Paperback / softback
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This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as reforms ) adopted to counter the crisis and the effects of these ...
European Democratic Institutions and Administrations: Cohesion and Innovation in Times of Economic Crisis
This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as reforms ) adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.
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166.950000 USD

European Democratic Institutions and Administrations: Cohesion and Innovation in Times of Economic Crisis

Hardback
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The book focuses on the topic of trends and challenges with regards to satellite-based earth observation. Contributors include legal experts in the field and representatives from institutions such as the European Space Agency, the European Space Policy Institute, academia and the private sector.
Satellite-Based Earth Observation: Trends and Challenges for Economy and Society
The book focuses on the topic of trends and challenges with regards to satellite-based earth observation. Contributors include legal experts in the field and representatives from institutions such as the European Space Agency, the European Space Policy Institute, academia and the private sector.
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230.990000 USD

Satellite-Based Earth Observation: Trends and Challenges for Economy and Society

Hardback
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This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from ...
Maritime Interception and the Law of Naval Operations: A Study of Legal Bases and Legal Regimes in Maritime Interception Operations
This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.
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157.490000 USD

Maritime Interception and the Law of Naval Operations: A Study of Legal Bases and Legal Regimes in Maritime Interception Operations

by Martin Fink
Hardback
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Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries ...
Business and Human Rights in Europe: International Law Challenges
Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries' domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted - also throughout their supply chains - and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters - written by scholars and practitioners under the direction of the editor, Angelica Bonfanti - the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.
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196.22 USD

Business and Human Rights in Europe: International Law Challenges

Hardback
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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 ...
Russian Discourses on International Law: Sociological and Philosophical Phenomenon
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.
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179.16 USD

Russian Discourses on International Law: Sociological and Philosophical Phenomenon

by P Sean Morris
Hardback
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This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report ...
Spinoza, Ecology and International Law: Radical Naturalism in the Face of the Anthropocene
This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report series Harmony with Nature - come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza's ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza's philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza's naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.
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196.22 USD

Spinoza, Ecology and International Law: Radical Naturalism in the Face of the Anthropocene

by Moa De Lucia Dahlbeck
Hardback
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This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities ...
The Responsibility to Protect in International Law: An Emerging Paradigm Shift
This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.
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63.12 USD

The Responsibility to Protect in International Law: An Emerging Paradigm Shift

by Susan Breau
Paperback / softback
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This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and ...
Excessive Pricing and Competition Law Enforcement
This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.
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167.990000 USD

Excessive Pricing and Competition Law Enforcement

Hardback
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This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age. It encompasses such topics as privacy, data protection, individual and collective memory, and the right to be forgotten when considering data storage, processing and ...
Remembering and Forgetting in the Digital Age
This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age. It encompasses such topics as privacy, data protection, individual and collective memory, and the right to be forgotten when considering data storage, processing and deletion. The authors argue in support of maintaining the new digital default, that (personally identifiable) information should be remembered rather than forgotten. The book offers guidelines for legislators as well as private and public organizations on how to make decisions on remembering and forgetting personally identifiable information in the digital age. It draws on three main perspectives: law, based on a comprehensive analysis of Swiss law that serves as an example; technology, specifically search engines, internet archives, social media and the mobile internet; and an interdisciplinary perspective with contributions from various disciplines such as philosophy, anthropology, sociology, psychology, and economics, amongst others.. Thanks to this multifaceted approach, readers will benefit from a holistic view of the informational phenomenon of remembering and forgetting . This book will appeal to lawyers, philosophers, sociologists, historians, economists, anthropologists, and psychologists among many others. Such wide appeal is due to its rich and interdisciplinary approach to the challenges for individuals and society at large with regard to remembering and forgetting in the digital age.
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146.990000 USD

Remembering and Forgetting in the Digital Age

by Urs Gasser, Herbert Burkert, Peter Hettich, Florent Thouvenin
Hardback
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In 1944 the Chicago Convention set out the foundations of public international law regulating international air transport, but until 2016 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 in 2016, ...
Treaty Implementation for Sustainable Development: Sustainable Development, International Aviation, and Treaty Implementation
In 1944 the Chicago Convention set out the foundations of public international law regulating international air transport, but until 2016 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 in 2016, should be implemented in 2020 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. 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.
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131.250000 USD

Treaty Implementation for Sustainable Development: Sustainable Development, International Aviation, and Treaty Implementation

Hardback
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The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law ...
Self-Determination, International Law and Post-Conflict Reconstruction: A Right in Abeyance
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.
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196.22 USD

Self-Determination, International Law and Post-Conflict Reconstruction: A Right in Abeyance

by Manuela Melandri
Hardback
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Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies `strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution ...
Strategic Human Rights Litigation: Understanding and Maximising Impact
Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies `strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the `war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.
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42.66 USD

Strategic Human Rights Litigation: Understanding and Maximising Impact

by Helen Duffy
Hardback
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Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the ...
Hitler's American Model: The United States and the Making of Nazi Race Law
Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws--the Citizenship Law and the Blood Law. Contrary to those who have insisted otherwise, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. He looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends the understanding of America's influence on racist practices in the wider world.
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20.46 USD

Hitler's American Model: The United States and the Making of Nazi Race Law

by James Q. Whitman
Paperback / softback
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This open access book discusses how national citizenship is being transformed by economic, social and political change. It focuses on the emergence of global markets where citizenship is for sale and on how new reproduction technologies impact citizenship by descent. It also discusses the return of banishment through denationalisation of ...
Debating Transformations of National Citizenship
This open access book discusses how national citizenship is being transformed by economic, social and political change. It focuses on the emergence of global markets where citizenship is for sale and on how new reproduction technologies impact citizenship by descent. It also discusses the return of banishment through denationalisation of terrorist suspects, and the impact of digital technologies, such as blockchain, on the future of democratic citizenship. The book provides a wide range of views on these issues from legal scholars, political scientists, and political practitioners. It is structured as a series of four conversations in which authors respond to each other. This exchange of arguments provides unique depth to current debates about the future of citizenship.
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62.990000 USD

Debating Transformations of National Citizenship

Hardback
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This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to ...
Environmental Human Rights and Climate Change: Current Status and Future Prospects
This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.
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157.490000 USD

Environmental Human Rights and Climate Change: Current Status and Future Prospects

by Bridget Lewis
Hardback
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This book examines human rights as political battlefields, spaces that are undergoing constant changes in which political conflicts are expressed by a translation process within networks of interactions. This translation, in turn, contributes to modifying the scope and understanding of human rights. Ultimately, these battlefields express the legitimacy encounter of ...
Human Rights as Battlefields: Changing Practices and Contestations
This book examines human rights as political battlefields, spaces that are undergoing constant changes in which political conflicts are expressed by a translation process within networks of interactions. This translation, in turn, contributes to modifying the scope and understanding of human rights. Ultimately, these battlefields express the legitimacy encounter of different versions of human rights in contemporary political practices. The volume thus challenges both the tendency to minimize the changing nature of human rights as well as the struggles emerging from the use of human rights discourses as a legitimization tool. By shifting the focus on what stakeholders do instead of solely on the origin, nature or foundations of human rights, the authors reveal that human rights are not static objects: they are constantly transformed and, as such, affect the horizon of universal rights.
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115.490000 USD

Human Rights as Battlefields: Changing Practices and Contestations

Hardback
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This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according ...
A Cross Border Study of Freezing Orders and Provisional Measures: Does Mareva Rule the Waves?
This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the age of slow-moving capital and comparatively immobile wealth has now passed, and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the `Freezing Order' in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come.
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73.490000 USD

A Cross Border Study of Freezing Orders and Provisional Measures: Does Mareva Rule the Waves?

by Peter Iglikowski, Tibor Tajti
Paperback
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The UK Climate Change Act was the first case of a country implementing blanket legally binding long-term emissions reduction targets in order to combat climate change. This book provides the first accessible and in-depth analysis of the UK's complex Climate Change Act framework, presenting the discussion in a clear and ...
Climate and Energy Governance for the UK Low Carbon Transition: The Climate Change Act 2008
The UK Climate Change Act was the first case of a country implementing blanket legally binding long-term emissions reduction targets in order to combat climate change. This book provides the first accessible and in-depth analysis of the UK's complex Climate Change Act framework, presenting the discussion in a clear and interdisciplinary manner designed to open the workings of the challenging framework to a broad audience. It discusses the political `story' surrounding the framework, and its treatment in scholarly environmental literature; analyses the technical content of the Act; explores the framework's international significance, and its internal `subnational' dimensions and impact, engaging the UK's devolved jurisdictions of Northern Ireland, Scotland, and Wales. This first, much-needed interdisciplinary treatment of the framework is both introductory and analytical in nature and will be of interest to scholars, practitioners and general readers of environmental studies, policy and governance.
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73.490000 USD

Climate and Energy Governance for the UK Low Carbon Transition: The Climate Change Act 2008

Hardback
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The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights in the aftermath of the World War II in an attempt to address the wrongs of the past and plan for a better future for all. With contributions from President Jimmy Carter, UNESCO Secretary ...
Contemporary Human Rights Challenges: The Universal Declaration of Human Rights and its Continuing Relevance
The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights in the aftermath of the World War II in an attempt to address the wrongs of the past and plan for a better future for all. With contributions from President Jimmy Carter, UNESCO Secretary General Audrey Azoulay and the former Archbishop of Canterbury Rowan Williams, this collection of essays, Contemporary Human Rights Challenges: The Universal Declaration of Human Rights and its Continuing Relevance, by leading international experts offers a timely contemporary view on the UDHR and its continuing relevance to today's issues. Reflecting the structure of the UDHR, the chapters, written by 28 academics, practitioners and activists, bring a contemporary perspective to the original principles proclaimed in the Declaration's 30 Articles. It will be a stimulating accessible read, with real world examples, for anyone involved in thinking about, designing or applying public policy, particularly government officials, politicians, lawyers, journalists and academics and those engaged in promoting social justice. Examined through these universal principles, which have enduring relevance, the authors grapple with some of today's most pressing challenges, some of which, for example equality and gender related rights, would not have been foreseen by the original drafters of the Declaration, who included Eleanor Roosevelt, Rene Cassin and John Humphrey. The essays cover a wide range of topics such as an individual's right to privacy in a digital age, freedom to practise one's religion and the right to redress, and make a compelling and detailed argument for the on-going importance and significance of the Declaration and human rights in our rapidly changing world.
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196.22 USD

Contemporary Human Rights Challenges: The Universal Declaration of Human Rights and its Continuing Relevance

Hardback
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This book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face ...
The Institutionalization of the International Criminal Court
This book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.
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89.240000 USD

The Institutionalization of the International Criminal Court

by Salla Huikuri
Hardback
Book cover image
Investment is a critical source of economic growth - leading to improvements in job creation, infrastructure, international trade and innovation. The pivotal question is therefore: how to improve and enhance investment? To facilitate this, International Investment Agreements can be a key factor to support foreign direct investment creating an additional ...
Rebalancing International Investment Agreements in Favour of Host States
Investment is a critical source of economic growth - leading to improvements in job creation, infrastructure, international trade and innovation. The pivotal question is therefore: how to improve and enhance investment? To facilitate this, International Investment Agreements can be a key factor to support foreign direct investment creating an additional level of security for foreign investors. Are International Investment Agreements fit for purpose or is some re-balance required? If it is, then the question which follows from this is: in whose favour? Should it be the investing country or the host State? This book provides analysis of International Investment Agreements and their relationship with society and the State in a rapidly changing social and commercial landscape. It also assesses the impact and feasibility of the reform models put forward by the United Nations Conference for Trade and Development (UNCTAD) including the creation of regional investment courts and the introduction of an appellate system in investor-state arbitration. The book focusses primarily on twenty-first century developments that have contributed to what academics have termed a legitimacy crisis in international investment law. Theoretical conceptualisation, case studies and doctrinal analysis are employed through the book, in a bid to highlight the legitimacy crisis facing International Investment Law and the progressive reform models that have been proposed or bring instituted around the world. This research is both international and comparative, with a chapter dedicated on the challenges and reform models that are surfacing from around the world, covering Asia, Europe, Africa, South America, the Caribbean and the United States. In addition, three chapters are dedicated to the main reform proposals; namely, a world investment court, reducing the scope of substantive protection standards through innovative treaty drafting approaches and the introduction of an appeals mechanism. This book contributes to a growing body of research on International Investment Law reform models by examining and providing empirical evidence on the regulatory approaches and treaty making practices in all six continental areas and the impact on the stability of the international investment protection architecture.
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110.91 USD

Rebalancing International Investment Agreements in Favour of Host States

by Chrispas Nyombi, Tom Mortimer
Hardback
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Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine ...
ASIL Studies in International Legal Theory: Reexamining Customary International Law
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
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44.090000 USD

ASIL Studies in International Legal Theory: Reexamining Customary International Law

Paperback / softback
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Looking beyond the events of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft, and in the problematic relationship between sovereign authority and lawful violence underpinning the modern state system. It details the legal and political issues raised in ...
Targeted Killing: A Legal and Political History
Looking beyond the events of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft, and in the problematic relationship between sovereign authority and lawful violence underpinning the modern state system. It details the legal and political issues raised in targeted killing as it has emerged in practice, including questions of domestic constitutional authority, the use of force in international law, the law of belligerent occupation, the law of targeting and human rights law. The distinctive nature of Israeli and US targeted killing is analysed in terms of the compulsion of legality characteristic of the liberal constitutional state, a compulsion that demands the ability to distinguish between legal 'targeted killing' and extra-legal 'political assassination'. The effect is a highly legalized framework for the extraterritorial killing of designated terrorists that may significantly affect the international law of force.
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39.23 USD

Targeted Killing: A Legal and Political History

by Markus Gunneflo
Paperback / softback
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We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term ...
Confronting Cyberespionage Under International Law
We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.
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196.22 USD

Confronting Cyberespionage Under International Law

by Oguz Kaan Pehlivan
Hardback
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Negotiations on trade facilitation were concluded at the WTO 9th Ministerial Conference in 2013, and the Agreements on Trade Facilitation (TFA), therefore, became the first fully multilateral agreement in WTO history. Since then, trade facilitation has been in the limelight on the stage of the world trading system. During recent ...
Trade Facilitation in the Multilateral Trading System: Genesis, Course and Accord
Negotiations on trade facilitation were concluded at the WTO 9th Ministerial Conference in 2013, and the Agreements on Trade Facilitation (TFA), therefore, became the first fully multilateral agreement in WTO history. Since then, trade facilitation has been in the limelight on the stage of the world trading system. During recent years, the TFA has been consistently on the agenda of the summits of G20, G7, and APEC. The Agreement has come into force and shall be implemented on a global scale. As a result, the WTO members shall be prepared to translate the Agreement into their domestic legislation, which will involve a series of reforms in trade laws and policies. There are extensive voices demanding a comprehensive expatiation on trade facilitation and the TFA. It is essential to systematically delve into the genesis of trade facilitation, revisit the course where the TFA came into being, and analyse the well-turned legalese of the TFA. This book meets this demand. This book is path-breaking in these aspects: it expounds on the rationales for trade facilitation and the significance of constituting an international accord on trade facilitation; it restores the one-century track of the international community's talks on trade facilitation, from the times of the League of Nations to the WTO era; it reveals how the WTO negotiating mechanisms enabled the TFA to be nailed down, which would be enlightening for trade diplomats engaged in other WTO negotiations; and it provides an in-depth commentary on the TFA articles, which will help stakeholders more accurately understand and implement the Agreement. This book will be especially valuable for government officials and policy-makers, trade practitioners, lawyers, advisers, and scholars interested in international economic law, WTO law, international trade, international relations, and international development studies.
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147.000000 USD
Hardback
Book cover image
In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally ...
The Implementation of the Paris Agreement on Climate Change
In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and 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. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.
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196.22 USD

The Implementation of the Paris Agreement on Climate Change

Hardback
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This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on ...
The Global Anti-Corruption Regime: The Case of Papua New Guinea
This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on the United Nations Convention against Corruption (UNCAC) as the primary tool of the global anti-corruption regime. It provides new and engaging material gathered in the field, including first-hand accounts from actors at international, regional, and domestic levels. By documenting the experiences of diverse actors, the book makes a substantial contribution to literature on corruption and anti-corruption efforts. Synthesising empirical research with an exploration of theoretical literature on corruption and regime evolution results in novel suggestions for improvement of the global anti-corruption regime and its legal tools. The Global Anti-Corruption Regime is a well-rounded text with a wealth of new information that will be valuable to both academic and policy audiences. It clarifies the factors that prevent current anti-corruption efforts from successfully eliminating corrupt activity and applies the five-stage model of global prohibition regime evolution to the global anti-corruption regime. It will be of interest to researchers, academics, policymakers, and students interested in anti-corruption law, comparative law, transnational criminal law, international law, international relations, politics, economics, and trade.
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196.22 USD

The Global Anti-Corruption Regime: The Case of Papua New Guinea

by Hannah Harris
Hardback
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