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Self-Determination and Humanitarian Secession in International Law of a Globalized World
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains...
International Liability Regime for Biodiversity Damage
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the cor...
Deconstructing Self-Determination in International Law
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.
Canadian Yearbook of International Law
This is the forty-seventh volume of The Canadian Yearbook of International Law, the first volume of which was published in 1963. The Yearbook is issued annually under the auspices of the Canadian Branch of the International Law Association (Canadian Society of International Law) and the Canadian Council on International Law. The Editor-in-Chief is D.M. McRae, Faculty of Law, University of Ottawa, and the Associate Editor is A.L.C. de Mestral, Faculty of Law, McGill University. Its Board of Editors includes scholars from leading universities in Canada. The Yearbook contains articles of lasting significance in the field of international legal studies, a notes and comments section, a digest of international economic law, a section on current Canadian practice in international law, a digest of important Canadian cases in the fields of public international law, private international law, and conflict of laws, a list of recent Canadian treaties, and book reviews.
Yearbook of International Humanitarian Law - 2002
The world’s only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
A Democracia Totalitária
Essencialmente motivado pelo «renovado interesse suscitado pelo tema do totalitarismo, designadamente pelas suas ligações históricas ao pensamento político e pelas formas que [...] pode apresentar na moderna sociedade democrática europeia», Paulo Otero produziu um texto de grande interesse e actualidade que se propõe reflectir sobre duas questões fundamentais: «Será que o totalitarismo é uma inovação do século XX?» e «Será o totalitarismo um legado para o século XXI?». O «ensaio de resposta» a estas questões, no dizer do próprio autor, «não se dirige exclusivamente a juristas ou universitários», acabando por resultar num texto cativante e actual para o público em geral que, em torno de temas como as origens do totalitarismo, a sua relação com outras ideologias ao longo da História e as suas múltiplas manifestações na democracia dos nossos dias (na técnica, na ciência, na medicina e na genética, nos meios de comunicação social, na política...), nos leva a reflectir sobre «o desafio em aberto» que nos coloca, ainda hoje, a cultura totalitária.
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Challenges for Human Rights
Nowadays we are fortunate enough to be experiencing a boom in human rights - an enormous increase of their importance in the international sphere at all levels (political, economic, social, legal and moral). For the first time the condition of the individual as “citizen,” and not just as “subject,” has gained importance. Individuals, and not only states, have now become the subjects of international law, as a result of the boom in humanitarian law and international criminal law. However, although there have been many battles won and goals met concerning human rights, the war against injustice continues and the fight has not ended. It is necessary to stay alert and to avoid a potentia...
