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A Communitarian Theory of WTO Law
The interdependence promoted by the WTO Agreement has exposed a number of critical vulnerabilities, leading to accusations that the treaty is unjust. This book offers a theory of WTO law which explains why the justice of the WTO Agreement needs to be understood on its own terms.
The Unmaking of Special Rights
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In light of the many significant recent changes to the global order, The Unmaking of Special Rights explores an often-forgotten aspect of this arrangement: special rights for developing countries. This book analyzes when and how special rights for developing countries have evolved in the context of global power shifts.
Legitimacy and Legality in International Law
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Intellectual Property Rights and Climate Change
6.4.3.1.2 Prior Negotiations with the Right Holder
The Fragmentation of Global Climate Governance
The fragmented state of global climate governance poses major challenges to policymakers and scholars alike. Through an in-depth examination of regime interactions between the international climate regime and three other regimes (on clean technology, b
The Rise of Responsibility in World Politics
Studying moral responsibility in world politics sheds light on changing accountability relations, justice and legitimacy in global governance.
ExtrACTION
This timely volume examines resistance to natural resource extraction from a critical ethnographic perspective. Using a range of case studies from North, Central and South America, Australia, and Central Asia, the contributors explore how and why resistance movements seek to change extraction policies, evaluating their similarities, differences, successes and failures. A range of ongoing debates concerning environmental justice, risk and disaster, sacrifice zones, and the economic cycles of boom and bust are considered, and the roles of governments, free markets and civil society groups re-examined. Incorporating contributions from authors in the fields of anthropology, public policy, environmental health, and community-based advocacy, ExtrACTION offers a robustly argued case for change. It will make engaging reading for academics and students in the fields of critical anthropology, public policy, and politics, as well as activists and other interested citizens.
Transboundary Marine Spatial Planning and International Law
Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.
What's Wrong with Climate Politics and How to Fix It
Governments have failed to stem global emissions of carbon dioxide and other greenhouse gases causing climate change. Indeed, climate-changing pollution is increasing globally, and will do so for decades to come without far more aggressive action. What explains this failure to effectively tackle one of the world's most serious problems? And what can we do about it? To answer these questions, Paul G. Harris looks at climate politics as a doctor might look at a very sick patient. He performs urgent diagnoses and prescribes vital treatments to revive our ailing planet before it's too late. The book begins by diagnosing what’s most wrong with climate politics, including the anachronistic inter...
Asian Yearbook of International Law, Volume 19 (2013)
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First,...
