Noting that flechette weaponry, considered by many to be inherently indiscriminate and unnecessarily cruel, has become "the standard anti-personnel weapon used by Israel's armor forces," even in the G
This volume (1) defines the specific-anticompetitive-intent, lessening-competition, distorting-competition, and exploitative-abuse tests of illegality promulgated by U.S. and/or E.U. antitrust law, (
Neither journalistic nor sensationalistic eye-witness accounts, this is the first book of serious reflection on the moral background and issues of internal legality surrounding the events of Guantanam
Moonlit Tours is the story of three metropolitan cab drivers with diverse backgrounds that pool their resources to create a get-rich-quick scheme of questionable legality. Their enterprise, Moonlit To
Discusses the seriousness of the problem in the United States, measures that can be taken to reduce child abuse, and the effectiveness and legality of laws regarding child abusers.
Uzbekistan is a country of contradictions. Its president speaks of reform while in reality, democracy is illusory. Where legality meets torture and Islam meets a secular state, Uzbekistan is torn bet
This book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and
Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
Ending humanitarian atrocities has become as important for the United Nations as preventing interstate war. This book examines the transformation of UN operations, analysing its changing role and structure. Ramesh Thakur asks why, when and how force may be used, and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the United States, with its capacity to use force and project power, and the United Nations, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and a rules-based order focused on the United Nations as the foundation of a civilised system of international relations. This book will be of interest to students of the United Nations and international organisations in politics, law and international relations departments, as well as policymakers in governmental and non-governmental international organisations.
Ending humanitarian atrocities has become as important for the United Nations as preventing interstate war. This book examines the transformation of UN operations, analysing its changing role and structure. Ramesh Thakur asks why, when and how force may be used, and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the United States, with its capacity to use force and project power, and the United Nations, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and a rules-based order focused on the United Nations as the foundation of a civilised system of international relations. This book will be of interest to students of the United Nations and international organisations in politics, law and international relations departments, as well as policymakers in governmental and non-governmental international organisations.
This is an interdisciplinary volume exploring a range of historical, anthropological and literary ideas and issues in South Asian Borderlands. Going beyond the territorial and geo-political imaginaries of contemporary borderlands in South Asia, chapters in this book engage with the questions of sovereignty, control, policing as well as continuing affections across politically divided borderlands. Modern conceptions of nationhood have created categories of legality and illegality among historically, socially, economically and emotionally connected residents of South Asian borderlands. This volume provides unique insights into the interconnected lives and histories of these borderland spaces and communities.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 157 reports on, amongst others, the International Court of Justice Legality of Use of Force cases, the December 2013 Final Award and Decision on the Request for Clarification of the Court of Arbitration in the Indus Waters Kishenganga Arbitration, and the Translation of the German Decision of the Federal Prosecutor General to Terminate Proceedings in the Aerial Drone Deployment case.
This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law,
The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
Autonomous vessels and robotics, artificial Intelligence and cybersecurity are transforming international shipping and naval operations. Likewise, blockchain offers new efficiencies for compliance with international shipping records, while renewable energy from currents and waves and offshore nuclear power stations open opportunities for new sources of power within and from the sea. These and other emerging technologies pose a challenge for the governance framework of the law of the sea, which is adapting to accommodate the accelerating rates of global change. This volume examines how the latest technological advances and marine sciences are reshaping the interpretation and application of the law of the sea. The authors explore the legality of new concepts for military operations on the continental shelf, suggest remote sensing methodologies for delimitation of maritime boundaries, and offer a legal roadmap for ensuring maritime cyber security.
Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to lifesaving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas. Written with an interdisciplinary audience in mind, these essays introduce readers to the latest debates in the philosophy of intellectual property, whether their interests are in the restrictions that copyright places on the reproduction of music and printed words or in the morality and legality of patenting human genes, essential medicines or traditional knowledge.
