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The Functions of International Adjudication and International Environmental Litigation
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
A critical assessment of how UNCLOS dispute settlement bodies develop the law the sea and factors that explain such development.
The Future of Environmental Law
Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner.
The European Union and Human Rights
This is volume on the EU and human rights, is based primarily on the findings of the FP7 FRAME project. Carried out by a consortium of universities and research centres, FRAME intended to provide an interdisicplinary knowledge base on EU human rights policies and their impact, producing atleast 50 reports for the Commission.
Beyond Bilateralism
This timely book reimagines responsibility in international law, establishing the concept of non-bilateral responsibility as an objective legal situation generated by the commission of an internationally wrongful act. It examines the nature, operation and impact of this new form of responsibility, exploring its deep consequences for the legal system.
European Yearbook of International Economic Law 2017
Volume 8 of the EYIEL focuses on the external economic relations of the European Union as one of the most dynamic political fields in the process of European integration. The first part of this volume analyses the recent controversial questions of the external economic relations of the Union, dealing with the complexity of mixed agreements, transparency and legitimacy issues as well as recent proposals in relation to Investor-State-Dispute Settlement, the Trade Defence Instruments and the implications of the “Brexit” in this context. The second part of EYIEL 8 addresses ongoing bilateral and multilateral negotiations of the EU with China, Japan, Australia, Canada and Taiwan. Moreover, the third part deals with the EU in international organisations and institutions, in particular the recent institutional aspects of the EU-UN relationship, representation in the IMF as well as WTO jurisprudence involving the EU in 2015. The volume concludes with reviews of recent books in international economic law.
Discrimination, Copyright and Equality
This book explores how restrictive copyright laws deny access to information for the print disabled, despite equality laws protecting access. It contributes to disability rights scholarship and ideas of digital equality in analysis of domestic disability anti-discrimination, civil, human and constitutional rights, copyright and other reading equality measures.
Secrets in Global Governance
Secrecy in international organizations foster information disclosures and cooperation in areas from nuclear weapons to international trade.
Regional Cooperation in South Asia
This book highlights various challenges and opportunities for regional cooperation and development in South Asia. In light of the ongoing globalization process, the contributors investigate how socio-economic developments are changing the spatial organization of production as well as the profile of cities and landscapes, are stimulating the creation of maritime, terrestrial and aerial channels, and are putting increasing pressures on natural and environmental resources. The book is divided into four parts: The first part analyses the increasing intensity of regional trade, migration and investment flows; the second focuses on channels and adapted spaces. The third part addresses sustainability and natural resources, while the fourth highlights institutional issues.
Framing a Convention Community
The European Convention on Human Rights (ECHR) has evolved from an international agreement into a highly integrated legal community with an ever more pervasive effect on domestic law and individuals. The supranational authority of the European Court of Human Rights bypasses the nation state in a growing number of other areas. Understanding the evolution of the ECHR and its Court may help in explaining and contextualising growing resistance against the Court, and in developing possible responses. Examining the Convention system through the prism of supranationality, Cedric Marti offers a fresh, comprehensive and interdisciplinary perspective on the expanding adjudicatory powers of the Court, including law-making. Marti addresses the growing literature of institutional studies on human rights enforcement to ascertain the particularities of the ECHR and its relationship to domestic legal systems. This study will be of great value to both scholars of international law and human rights practitioners.
