Blokker (international institutional law, Leiden U., the Netherlands) and Schrijver (public international law, Leiden U.) present 14 papers originating in a September 2004 Conference of the same name
Human rights and environmental protection are closely intertwined, and both are critically dependent on supportive legal opportunity structures. These legal structures consist of access to the courts; 'legal stock' or the set of available standards and precedents on which to base litigation; and institutional receptiveness to potential litigation. These elements all depend on a variety of social, political, and economic variables. This book critically analyses the complexities of uniting human rights advocacy and environmental protection. Bringing together international experts in the field, it documents the current state of our environmental human rights knowledge, strategically critical questions that remain unanswered, and the initiatives required to develop those answers. It is ideal for researchers in environmental governance and law, as well as interested practitioners and advanced students working in public policy, political science and environmental studies.
The attacks of 9/11 kickstarted the development of a pervasive and durable transnational counter-terrorism order. This has evolved into a vast institutional architecture with direct effects on domestic law around the world and a number of impacts on everyday life that are often poorly understood. States found, fund and lead institutions inside and outside the United Nations that develop and consolidate transnational counter-terrorism through hard and soft law, strategies, capacity building and counter-terrorism 'products'. These institutions and laws underpin the expansion of counter-terrorism, so that new fields of activity get drawn into it, and others are securitised through their reframing as counter-terrorism and 'preventing and countering extremism'. Drawing on insights from law, international relations, political science and security studies, this book demonstrates the international, regional, national and personal impacts of this institutional and legal order. Fiona de Londras
Due to the continuing expansion of the notion of security, various national, regional and international institutions now find themselves addressing contemporary security issues. While institutions may evolve by adjusting themselves to new challenges, they can also fundamentally alter the intricate balance between security and current legal frameworks. This volume explores the tensions that occur when institutions address contemporary security threats, in both public and international law contexts. As part of the Connecting International with Public Law series, it provides important and valuable insights into the legal issues and perspectives which surround the institutional responses to contemporary security challenges. It is essential reading for scholars, practitioners and policy makers seeking to understand the legal significance of security institutions and the implications of their evolution on the rule of law and legitimacy.
Providing extensive coverage of international trade law from an economic development perspective, this second edition of Reclaiming Development in the World Trading System offers discussion of key principles of international trade law, trade measures, trade and development issues, and regulatory reform. Including such topics as the most-favored-nation principle, national treatment, and tariff binding, Lee also offers insightful analysis into new areas pertaining to agriculture and textile, trade-related investment, intellectual property rights, and trade in services. Looking at trade and development issues in Asia, Africa, and Latin America, as well as microtrade, an innovative international trade system designed to relieve the absolute poverty of least-developed countries, this book is essential reading that gives context to development interests and advances specific regulatory and institutional reform proposals. Lee lends insight into these topics with case analysis exemplifying how
This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open
Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through
This powerful book stands on its head the most venerated tradition in international law and discusses the challenges of scarcity, sovereignty, and territorial temptation. Newly emergent resources, accessible through global climate change, discovery, or technological advancement, highlight time-tested problems of sovereignty and challenge liberal internationalism's promise of beneficial or shared solutions. From the High Arctic to the hyper-arid reaches of the Atacama Desert, from the South China Sea to the history of the law of the sea, from doctrinal and scholarly treatments to institutional forms of global governance, the historically recurring problem of territorial temptation in the ageless age of scarcity calls into question the future of the global commons, and illuminates the tendency among states to share resources, but only when necessary.
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.
Yale Classical Studies volume XXVIII is devoted to papyrology, which celebrated its centenary as a branch of classical studies in the eighties. The volume embraces all the principal facets of papyrological study: editions and re-editions of texts and papers - ranging from brief pieces to comprehensive studies - in the many areas of classical antiquity in which our knowledge has been so immeasurably enriched by the discovery and decipherment of Greek and Latin papyri, viz. language, government, social and economic history, law and private life. Some of the papers also have interdisciplinary ramifications and the international co-operation that has characterised papyrology from its inception is here readily apparent in the names, different languages and institutional affiliations of the contributors.
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving a
This collection of innovative contributions to the study of legal pluralism in international and transnational law focuses on collisions and conflicts between an increasing number of institutional and legal orders, which can manifest themselves in contradictory decisions or mutual obstruction. It combines theoretical approaches from a variety of disciplines with theoretically informed case studies in order to further understanding of the phenomenon of regime collisions. By bringing together scholars of international law, legal philosophy, the social sciences and postcolonial studies from Latin America, the United States and Europe, the volume demonstrates that collisions between various institutional and legal orders affect different regions in different ways, highlights some of their problematic consequences, and identifies methods of addressing such collisions in a more productive manner.
The legitimacy of the WTO's decision-making process has always been questioned, and many have advocated public participation mechanisms as a remedy. Yves Bonzon considers the limits and potential of these mechanisms by advancing a conceptual framework which distinguishes the four 'implementation parameters' of public participation: the goal, the object, the modalities, and the actors. He addresses the issue of legitimacy by considering to what extent, and by virtue of which legal developments, one can see implementing the democratic principle as a goal for public participation in the context of the WTO. By analysing the institutional structure of the WTO and its different types of decisions, he then outlines how this goal should influence the object and modalities of public participation, which decision-making procedures should be opened to public participation, and how the mechanisms should be implemented in practice. Finally, he suggests specific amendments to existing WTO arrangemen
Through an analysis of UN operations including international territorial administration, refugee camps, peacekeeping, the implementation of sanctions and the provision of humanitarian aid, this book shows that the powers exercised by the UN carry a serious risk of human rights abuse. The International Law Commission has codified and developed the law of institutional responsibility, but, while indispensable, these principles and rules cannot on their own ensure compliance and accountability. The 'liberty deficit' of the UN and of other international organisations thus remains an urgent legal and political problem. Some solutions may be available; indeed, recent state and institutional practice offers interesting examples in this respect. But at a fundamental level we need to ask ourselves whether, judged on the basis of the principle of liberty, the power shift from states to international organisations is always beneficial.
This powerful book stands on its head the most venerated tradition in international law and discusses the challenges of scarcity, sovereignty, and territorial temptation. Newly emergent resources, accessible through global climate change, discovery, or technological advancement, highlight time-tested problems of sovereignty and challenge liberal internationalism's promise of beneficial or shared solutions. From the High Arctic to the hyper-arid reaches of the Atacama Desert, from the South China Sea to the history of the law of the sea, from doctrinal and scholarly treatments to institutional forms of global governance, the historically recurring problem of territorial temptation in the ageless age of scarcity calls into question the future of the global commons, and illuminates the tendency among states to share resources, but only when necessary.
The second edition of Corruption and Government updates Susan Rose-Ackerman's 1999 book to address emerging issues and to rethink old questions in light of new data. The book analyzes the research explosion that accompanied the fall of the Berlin Wall, the founding of Transparency International, and the World Bank's decision to give anti-corruption policy a key place on its agenda. Time has vindicated Rose-Ackerman's emphasis on institutional reform as the necessary condition for serious progress. The book deals with routine payoffs and with corruption in contracting and privatization. It gives special attention to political corruption and to instruments of accountability. The authors have expanded the treatment of culture as a source of entrenched corruption and added chapters on criminal law, organized crime, and post-conflict societies. The book outlines domestic conditions for reform and discusses international initiatives - including both explicit anti-corruption policies and effo
The second edition of Corruption and Government updates Susan Rose-Ackerman's 1999 book to address emerging issues and to rethink old questions in light of new data. The book analyzes the research explosion that accompanied the fall of the Berlin Wall, the founding of Transparency International, and the World Bank's decision to give anti-corruption policy a key place on its agenda. Time has vindicated Rose-Ackerman's emphasis on institutional reform as the necessary condition for serious progress. The book deals with routine payoffs and with corruption in contracting and privatization. It gives special attention to political corruption and to instruments of accountability. The authors have expanded the treatment of culture as a source of entrenched corruption and added chapters on criminal law, organized crime, and post-conflict societies. The book outlines domestic conditions for reform and discusses international initiatives - including both explicit anti-corruption policies and effo
The international criminality of waging illegal war, alongside only a few of the gravest human wrongs, is rooted not in its violation of sovereignty, but in the large-scale killing war entails. Yet when soldiers refuse to kill in illegal wars, nothing shields them from criminal sanction for that refusal. This seeming paradox in law demands explanation. Just as soldiers have no right not to kill in criminal wars, the death and suffering inflicted on them when they fight against aggression has been excluded repeatedly from the calculation of post-war reparations, whether monetary or symbolic. This, too, is jarring in an era of international law infused with human rights principles. Tom Dannenbaum explores these ambiguities and paradoxes, and argues for institutional reforms through which the law would better respect the rights and responsibilities of soldiers.
Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.
