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The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book’s central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overl...
Of all of the books produced by Ernst B. Haas during his career, Beyond the Nation-State contains the most complete and definitive statement of 'neofunctionalism': the theory of transnational integration for which he is best known. Focusing on the International Labor Organization (ILO), Beyond the Nation-State was one of the first efforts to analyse systematically the dynamics and effects of a global international institution. Regarded as a classic in comparative politics and international relations, and among students of European integration, this book enjoyed a renaissance with the end of the cold war, reinvigorated European integration, and resumed interest in communitarian theorising abo...
No detailed description available for "Blessings of Babel".
On 25 April 1950 the Republic of the South Moluccas was proclaimed in Ambon Town. Not until December, after a breakdown in negotiations and a protracted battle, did the Indonesian army take control of Ambon Island. In remote parts of inhospitable Ceram, RMS remnants held out until 1962. This book examines the revolt of the Republic of the South Moluccas in the context of the social and economic changes experienced in Ambonese society during the last century of colonial rule.
Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for internatio...
This book deals with the double jeopardy rule, namely the practice of multiple characterisation of the same facts, under different headings, in international criminal law. Such practice is problematic, due to the fact that know how it works within the context of international criminal law. How does one distinguish a situation in which an act may appear simultaneously to breach several criminal provisions, whilst in reality it violates only one, from another where the act does in fact breach more than one criminal provision? International crimes such as genocide, crimes against humanity and war crimes cannot be confined a single category of well-defined offences such as murder, voluntary or involuntary manslaughter, theft, etc. Instead these crimes embrace broad clusters of identical offences and share certain general legal features. Multiple characterisation of the same facts under different headings in international criminal law is therefore a complex legal problem. Every case of mult
This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.
This work offers an examination of religious texts written by twelve women over three centuries in two languages and three genres, showing the variety and complexity of gendered images available to medieval women. Moving beyond the categories of virgin, wife and widow, these religious texts created a spectrum of exemplary feminine life-paths based not on marital status, age, social rank, or profession, but instead founded on biblical figures, monastic divisions of labor, expected saintly behaviors, and even individual personality characteristics. This study contributes to discussions of genre and its influences on gender representation, as well as to scholarship on the complexities of gender relationships within literary works and historical contexts. This work will also serve to introduce a wider audience to a cycle of texts and an interrelated group of women authors previously available only to specialists in German and manuscript studies.