Archivo de Etiquetas: book

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation.

International Affairs is one of the world’s leading journals of international relations and one of the few to cover the entire discipline. Founded by and edited at Chatham House, the Royal Institute of International Affairs in London, it has been in existence for over 90 years and has become renowned for its academically rigorous, practitioner-focused scholarship.Over the years it has featured articles not only from many of the leading international relations scholars but also from those rising in the profession. This lively and provocative journal will keep you up to date with latest critical thinking on the key issues shaping today’s world. Whatever your level and area of interest, you will find International Affairs readable, informative and stimulating.

Breaking the Cycle of Mass Atrocities investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures.

The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.

International Relations of the Asia-Pacific is a major international journal publishing the best original research in the field. The journal, launched in 2001, is published three times a year in January, May and September. Papers are welcomed from all international relations scholars, both within and without the Asia-Pacific region.The aims of International Relations of the Asia-Pacific are twofold: to bring outstanding general scholarship in international relations to readers in the Asia-Pacific; and to provide a dedicated outlet for scholars working on the international relations of the region. The circulation of the journal includes all the members of the Japan Association of International Relations, thereby guaranteeing substantial readership within the region.International Relations of the Asia-Pacific focusses on: the relations between the countries within the Asia-Pacific region; the relations between the Asia-Pacific and the rest of the world; and general issues and theories of international relations that have a bearing on one or more countries of the Asia-Pacific. The journal is open to all methodological approaches and schools of thought. Among the topics that fall within the journal’s focus are, for example:• the ‘Asian values’ debate • Indonesian foreign policy after Suharto • the political economy of investment in the Asia-Pacific • Japan’s ‘special relationships’ with the UK and the USA • Association of South-East Asian nations and the China– Japan–US triangle • the rise of regionalism in the Asia-Pacific • the role of international institutions • humanitarian intervention in Cambodia and East Timor • reconciliation on the Korean peninsula • the Theatre Missile Defence initiative and regional responses • the metamorphosis of state sovereignty: Asia-Pacific examples • the Asian financial crisis and the International Monetary Fund

The Chinese Journal of International Law is the leading forum for articles on international law by Chinese scholars and on international law issues relating to China.An independent, peer-reviewed research journal edited primarily by scholars from mainland China, and published in association with the Chinese Society of International Law, Beijing, and Wuhan University Institute of International Law, Wuhan, the Journal is a general international law journal with a focus on materials and viewpoints from and/or about China, other parts of Asia, and the broader developing world.

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains 'human rights' by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches.Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.

Arbitration International Volume 35, Issue 1, March 2019 ISSN: 0957-0411, EISSN: 1875-8398 @LCIAnews @OUPAcademic The Official Journal of the London Court of International Arbitration (LCIA) General Editor: Professor Wiliam W. Park Deputy General Editors: Hege Elisabeth Kjos, Ruth Teitelbaum and Thomas W. Walsh Editors: Jawad Ahmad, Klaus Peter Berger, Nigel Blackaby, …

The International & Comparative Law Quarterly (ICLQ) publishes papers on public and private international law, comparative law, human rights and European law, and is one of the world's leading journals covering all these areas. Since it was founded in 1952 the ICLQ has built a reputation for publishing innovative and original articles within the various fields, and also spanning them, exploring the connections between the subject areas. It offers both academics and practitioners wide topical coverage, without compromising rigorous editorial standards. The ICLQ attracts scholarship of the highest standard from around the world, which contributes to the maintenance of its truly international frame of reference. The 'Shorter Articles and Notes' section enables the discussion of contemporary legal issues and 'Book Reviews' highlight the most important new publications in these various fields. The ICLQ is the journal of the British Institute of International and Comparative Law, and is published by Cambridge University Press

Firmly established as one of the leading journals in the field, the Leiden Journal of International Law (LJIL) provides a venue for sharp and critical voices that speak on the theory and practice of international law. It aspires to introduce or amplify refreshing and innovative approaches to perennial as well as topical issues in the field. The Journal’s focus rests on international legal theory, international law and practice, international criminal law, as well as international courts and tribunals.