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Cross-Strait Relations and International Organizations
Taiwan has been excluded from the United Nations and other organizations for which statehood is required and its presence in IGOs is mainly limited to functional and regional organizations that allow flexible models of participation, having a specific name, status and activity space in each organization. Taiwan’s exclusion from major IGOs derives from its unique international status as well as the political controversy over the representation of China in the international arena. Björn Alexander Lindemann provides a substantial analysis of the relationship between Taiwan and China in and with regard to IGOs in the time period between 2002 and 2011. Based on a neoclassical realist approach, he takes a look at the case studies of the WTO, APEC, WHO and UN, and explains Taiwan’s new IGO strategy under President Ma Ying-jeou after 2008 and its impact on Taiwan’s international space.
Treaty Interpretation Under the Vienna Convention on the Law of Treaties
This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost ...
Global Regulatory Standards in Environmental and Health Disputes
This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
The Global Tobacco Epidemic and the Law
Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. Written by health and
Taiwan and International Human Rights
This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have ...
International Economic Law and Governance
Celebrating the work of Mitsuo Matsuhita, this volume focuses on dispute resolution and the law and politics of the World Trade Organization, offering a critical and scholarly analysis of the current and future state of international economic governance.
Treaty Interpretation
Treaty Interpretation, now in its second edition, explores and analyzes the rules for interpretation of treaties and their application in national and international jurisdictions.
Language and Legal Interpretation in International Law
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
The Internationalisation of Legal Education
For graduate lawyers to succeed in a global environment, legal education in every system must undergo revolutionary change. Professors van Caenegem and Hiscock explore in detail the new initiatives that are emerging as a response to this development an
The Trans-Pacific Partnership
This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.
