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Self-Spreading Biotechnology and International Law
  • Language: en
  • Pages: 808

Self-Spreading Biotechnology and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2022-11-22
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  • Publisher: Nomos Verlag

Wer haftet, wenn sich selbst ausbreitende Gentechnik grenzüberschreitende Schäden verursacht? Mit Gene Drives und ähnlichen Verfahren wird es bald möglich sein, das Erbgut wild lebender Arten, Keime und Nutzpflanzen direkt in der Umwelt zu verändern. Dies könnte helfen, drängende Probleme in der öffentlichen Gesundheit, im Naturschutz und in der Ernährungssicherheit zu lösen. Allerdings bergen diese Verfahren auch das Risiko einer unkontrollierten Ausbreitung über Staatsgrenzen hinweg. Anhand einer grundlegenden Untersuchung der einschlägigen Verträge und des Völkergewohnheitsrechts zu Prävention und Haftung für grenzüberschreitende Schäden wird aufgezeigt, dass das derzeit geltende Völkerrecht dieser Herausforderung noch nicht gewachsen ist.

International Courts and the Development of International Law
  • Language: en
  • Pages: 948

International Courts and the Development of International Law

  • Categories: Law

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play...

Repatriation of Sacred Indigenous Cultural Heritage and the Law
  • Language: en
  • Pages: 527

Repatriation of Sacred Indigenous Cultural Heritage and the Law

  • Categories: Law

This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law...

Intentional Destruction of Cultural Heritage and the Law
  • Language: en
  • Pages: 486

Intentional Destruction of Cultural Heritage and the Law

  • Categories: Law

The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH). The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. Th...

Implementing the Environmental Protection Regime for the Antarctic
  • Language: en
  • Pages: 449

Implementing the Environmental Protection Regime for the Antarctic

When the Protocol on Environmental Protection to the Antarctic Treaty entered into force on 14 January 1998, a new phase commenced for the Antarctic Treaty System. The parties to the Protocol are today confronting issues related to the implementation of a complex international environmental protection regime, both in international and domestic contexts. Several crucial implementation questions need to be solved in order to enhance and make possible the implementation of the Protocol. What would be the consequences for the parties of a possible failure in resolving the pending implementation issues, on what premises can the solutions be based, and what, then, are the options available? This b...

International Law for Antarctica
  • Language: en
  • Pages: 710

International Law for Antarctica

  • Categories: Law

The volume is the result of an on-going research project on the Antarctic regime being carried out in various Italian universities and open to the participation of scholars and experts from different countries. Two concomitant factors led to the undertaking of the project: the increasing interest aroused by Antarctica in the scientific community, and the dynamic evolution of the Antarctic question in international law and politics. The result is something different from simply a second edition of a previous book, as it was clear that certain topics required entirely new treatment, especially environmental protection, liability, and institutional development. The editors tried to carefully co-ordinate the 21 individual contributions so as to properly cover the whole range of topics while at the same time preserving the pluralistic character of the book.

Sustainability through Participation?
  • Language: en
  • Pages: 534

Sustainability through Participation?

  • Categories: Law
  • Type: Book
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  • Published: 2023-07-03
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  • Publisher: BRILL

Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

The Legal Regime of Straits
  • Language: en
  • Pages: 531

The Legal Regime of Straits

  • Categories: Law

An account of the legal regime of straits and the allocation of rights and duties relating to transit passage.

The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen Or Illegally Transferred Cultural Property
  • Language: en
  • Pages: 945

The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen Or Illegally Transferred Cultural Property

  • Categories: Law

Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.

The Law and Practice of the United Nations
  • Language: en
  • Pages: 522

The Law and Practice of the United Nations

  • Categories: Law
  • Type: Book
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  • Published: 2016-07-18
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  • Publisher: BRILL

The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War. Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security. In addition, this important new edition explores such areas as general and smart sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality. Offering a fully revised and updated analysis of the main legal issues surrounding the United Nations’ practice, The Law and Practice of the United Nations will be of interest to all those involved with legal issues surrounding the United Nations, the analysis of said issues, and their impacts on international practice