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The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Focusing on the evolution of post-1945 internationalist ideology, this study highlights efforts to diffuse the destructive role of the nation-state in world affairs by constructing international organisations with global agendas.
Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic d...
Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.
Proceedings consider the disagreements between the United States and Europe over recommendations made in the 1999 preliminary draft of the Hague Conference on Private International Law.
As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy.
In The Greening of Antarctica Alessandro Antonello investigates the development of an international regime of environmental protection and management between the signing of the Antarctic Treaty in 1959 and the signing of the Convention on the Conservation of Antarctic Marine Living Resources in 1980. In those two decades, the Antarctic Treaty parties and an international community of scientists reimagined what many considered a cold, sterile, and abiotic wilderness as a fragile and extensive regional ecosystem. Antonello investigates this change by analyzing the negotiations and developments surrounding four environmental agreements: the Agreed Measures for the Conservation of Antarctic Faun...
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
"Many people worry that we're losing genetic diversity in the foods we eat. Over the past century, crop varieties standardized for industrial agriculture have increasingly dominated farm fields. Concerned about what this transition means for the future of food, scientists, farmers, and eaters have sought to protect crop plants they consider endangered. They have organized high-tech genebanks and heritage seed swaps. They have combed fields for ancient landraces and sought farmers growing Indigenous varieties. Behind this widespread concern for the loss of plant diversity lies another extinction narrative about the survival of farmers themselves, a story that is often obscured by urgent calls...