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Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children's educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.

What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters'rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.

The agenda of the 11th CEE Forum Conference in Bratislava, Slovakia, held on 25-26 April 2019 was focused on the reassessment of the Central and Eastern European position in Europe and in the world, seeking for the specificities of this region, being often perceived as a double periphery – of the West and of the East. Since thirty years have passed since the disintegration of the bipolar world, the time has come for a critical reconsideration of the earlier scholarly findings or commonplaces and the formulation of more nuanced and refined conclusions. The selection of papers offered by the organizers in this volume provides an up-to-date view of the CEE region and issues and problems shared by the CEE countries

There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative'world tour'of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.

'The selected papers include speeches, letters, statements to the press (both official statements and informal remarks), meeting notes, op-ed pieces and other articles, reports to the Security Council and the General Assembly, and transcripts of interviews. These documents, arranged chronologically, provide a picture of the activities of Secretary-General Annan, the conceptual evolution of his ideas, and his indefatigable efforts to use his'good offices'to find peaceful solutions to conflicts and disputes. Each document is annotated with key words and, as appropriate, contextual information and clarifications of the abreviations used in the Secretary-General's handwritten notes'-- Preface.

On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.

Reflecting the increasing recognition of the importance of legal texts and issues in early Judaism, the essays in this collection examine halakhic and rule texts found at Qumran in light of the latest scholarship on text production, social organization, and material culture in early Judaism. The contributors present new interpretations of long-lived topics, such as the sobriquet “seekers of the smooth things,” the Treatise of the Two Spirits, and 4QMMT, and take up new approaches to purity issues, the role of the maśkil, and the Temple Scroll. The volume exemplifies the range of ways in which the Qumran legal texts help illuminate early Jewish culture as a whole.

The 2015 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2015 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts:Keynote Presentation by Hon. Stephen M. SchwebelPART 1: Innovations in International Arbitration by Barru Leon, Sophie Lamn, Hon. William G. Bassler, William W. Park, and Josefa Sicard-MirabalPART 2: Investor-state Arbitration by Edward G. Kehoe, Klaus Reichert, Catherine Amirfar, Nicholas Fletcher QC, and Susan D. FranckPART 3: The Confluence of EU Law and International Arbitration - Both Commercial and Investor-State by John Gaffney, Fidelma Macken SC, and Kaj HoberPART 4: Corporate Issues by Wolfgang Peter, Thomas H. Lee, and Vera Korzun

This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty.With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties. The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.

This book examines two types of transnational money laundering: the use of offshores and wire transfers to “invest” in real estate; and agribusiness, a nebulous activity that is difficult to regulate. The author also examines current international mechanisms to combat money-laundering; whether these efforts have been successful or unsuccessful; and whether multilateral instruments are an effective tool in the war against international organized crime.As national borders have opened and trade barriers have fallen, transnational crime has grown at unprecedented levels. The current situation, better revealed by the so-called “Panama Papers,” is a result of a lack of local cooperation in the investigations, prosecution, and/or extradition of criminals. Governments profit from ill-gotten wealth hosting international criminal enterprises in their own territories, thus providing a fertile ground for illicit practices, closing their eyes to the nexus among false or inappropriate identification, fraudulent records, corruption, and money laundering. If these types of transnational money-laundering are allowed to remain as they are currently treated, the shift in the financial paradigm, from centralized and regulated to decentralized and “unregulated,” would allow for the continuation of some of the most dangerous criminal activity. In this timely book, the author presents arguments that by “following the money,” capital movements involved in transnational money laundering through real estate and agribusiness can be examined, revealed, and understood.

This volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance.In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and “classic” areas of IEL.We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.

The growing population of Europe needs adequate and wholesome food at reasonable prices and a sufficient supply of pure drinking water. Accommodating this need and the many other pressures on land while maintaining biodiversity, ecosystems, and cultural landscapes is a matter of continuing concern and debate in Europe. The changing nature of agriculture, concerns about agricultural subsidies and surpluses, food and water quality issues, and discussion of the future of the European Union (EU)'s Common Agricultural Policy have all increased the intensity of this debate in recent years. Through its discussion of how best to achieve sustainable land use, Agriculture and Sustainable Land Use in Europe tackles this wide range of issues, examining problems faced by the EU concerning the future of rural communities, the maintenance of an attractive and diverse countryside, and more. This work comprises papers presented at two conferences organised by groups of European Environmental Advisory Councils. These papers offer the reader access to a broad range of experience and points of view, making Agriculture and Sustainable Land Use in Europe a contribution of particular value to the debate on these issues.

In Current Maritime Issues and the International Maritime Organization, leading experts thoughtfully consider the most pressing issues confronting the International Maritime Organization, as the IMO celebrates its fiftieth anniversary. The papers in this publication were originally presented at the Twenty-Third Annual Seminar of the Center for Oceans Law and Policy (COLP), University of Virginia School of Law, an event co-hosted with the IMO in January, 1999, at its headquarters in London. Subjects covered were maritime safety, marine environmental protection, flag State implementation and port State control, IMO's interface with the Law of the Sea Convention, IMO Legal Committee work, and broader questions of IMO regulations and oceans policy. Current Maritime Issues and the International Maritime Organization also includes keynote papers by Sir Robert Jennings, the distinguished former President of the International Court of Justice; Ms Glenda Jackson, the United Kingdom Under-Secretary of State and Minister of Shipping; and Ambassador Satya N. Nandan, the Secretary-General of the International Seabed Authority.

This is the ultimate guide to international maritime boundaries. Its unique practical features include - systematic examination of all international maritime boundaries worldwide; - comprehensive coverage, including the text of every modern boundary agreement; - descriptions of judicially-established boundaries; - maps and detailed analyses of those boundaries; - expert papers examining the status of maritime boundary delimitations in each of the ten regions of the world; - papers from a global perspective analyzing key issues in maritime boundary theory and practice; and - a cumulative index for volumes I - III.These features make International Maritime Boundaries an unmatched comprehensive, accessible resource in the field.

The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts:Keynote Presentation by Catherine KessedjianPART 1: Investor-State and Commercial Arbitration by Peter Michaelson, Stanimir A. Alexandrov, James Mendenhall, Laurence Shore, Liang-Ying Tan, Rocío Digón, and Marek KrasulaPART 2: Ethics by Bruce A. Green, Margaret Moses, Doak Bishop, Isabel Fernández de la Cuesta, Catherine A. Rogers, and Idil TumerPART 3: Mediation by Lorraine M. Brennan, Anna Joubin-Bret, Josefa Sicard-Mirabal, Rachael Clarke, James M. Rhodes, and Carrie Menkel-MeadowPART 4: International Trade Arbitration by Kaj Hobér, Luiz Olavo Baptista, Giorgio Sacerdoti, and Gonzalo BiggsPART 5: Investor-State and Commercial Arbitration (2) by John J. Barcelo III, Roland Ziadé, Lorenzo Melchionda, and Dr. Wolfgang KühnPART 6: International Tax Arbitration by Alexis Foucard, Léa Grandfond, Michael Lennard, and Natalia Quinones Cruz

Mit Blick auf aktuelle Entwicklungen und die neue Verfassung in Simbabwe, beschäftigt sich der Band mit den Chancen und Herausforderungen, mit denen das Land konfrontiert ist. Die Beiträge resultieren aus der im März 2015 in Harare abgehaltenen Konferenz'Überlegungen zum Fortschritt bei der Umsetzung der neuen Verfassung Simbabwes: Nationale, regionale und globale Perspektiven'.Die Autoren, darunter politische Entscheidungsträger, Vertreter der Justiz, sowie simbabwische und internationale Verfassungsrechtsexperten reflektieren u. a. über die Herausforderung der verfassungsrechtlichen Ausrichtung, die Rolle der Zivilgesellschaft und der Sicherheitsdienste in einer konstitutionellen Demokratie und die Rolle von Institutionen und unabhängigen Kommissionen bei Etablierung und Erhalt von demokratischen Werten und Rechtsstaatlichkeit. Damit soll ein offener intellektueller und rechtlicher Dialog über die neue Verfassung gefördert und dessen Bedeutung für die Menschen in Simbabwe aufgezeigt werden.Mit Beiträgen von:Alexander Berndt, Brian D. Crozier, Val A. Ingham-Thorpe, Ulrich Klöckner, Derek Matyszak, Khulekani Moyo, Jacob Francis Mudenda, Teresa P. Mugadza, Elasto H. Mugwadi, Irene Petras, Oliver C. Ruppel, Kathrin Maria Scherr, Georg Schmidt, Annel M. Silungwe, Oskar Wermter SJ, Rüdiger Wolfrum

Angesichts der Krisen, die die Europäische Union seit einigen Jahren erschüttern, von der Finanzkrise bis hin zur Flüchtlingskrise und zum Brexit-Votum verstärken sich Skepsis und Ablehnung; eine drohende Legitimationskrise zwingt zur Analyse nicht nur der Ursachen sondern auch der Potentiale einer Stärkung der Legitimation. Dieser Band beruht auf den Beiträgen und Diskussionen zweier Konferenzen des European Constitutional Law Network (ECLN) über demokratietheoretische Grundlagen, eine Analyse der Ursachen der Finanzkrise und der Rolle der Gerichte bei ihrer Bewältigung, den Schutz der Grundrechte der Unionsbürger und die Stärkung von Bürgernähe und Partizipation durch Digitalisierung bis hin zu konkreten Reformvorschlägen. Ein dialogischer Epilog von Joseph Weiler und einigen der Autoren gibt Anregungen zur weiteren Diskussion und Reflektion, auf die es in den kommenden Jahren ankommt, wenn die EU als demokratische Union der Bürger aus den Krisen hervorgehen und sich weiter entwickeln soll.Mit Beiträgen vonGiacinto della Cananea, Tom Eijsbouts, Federico Fabbrini, George Gerapetritis, Anna-Maria Konsta, George Karavokyris, Mattias Kumm, Jean-Victor Louis, Miguel Poiares Maduro, Antonis Manitakis, Ana Maria Guerra Martins, Lina Papadopoulou, Ingolf Pernice, Joseph H. H. Weiler und Jiri Zemánek

The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts:Keynote Presentation by Gabrielle Kaufmann-KohlerPart 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. StrongPart 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah VasaniPart 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd WeilerPart 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven ReisbergPart 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich

This third volume of the Balkan Yearbook of European and International Law (BYEIL) is devoted in particular to the specific legal challenges faced by Southeast European countries in the area of intellectual property law. The authors discuss a range of topics in Serbian and Bosnian and Herzegovinian copyright law, trademark and patent law, the relevance of which extends beyond their national borders. The papers included in the permanent sections on European law and international law explore contemporary challenges in public and private law. These challenges concern various legal fields, including consumer law, commercial law, corporate and criminal law, and the corresponding papers tackle a number of fundamental theoretical issues, while also highlighting the latest developments in legal practice.

This book brings together a unique collection of papers concerning the protection of human rights under Bills of Rights in Commonwealth Caribbean Countries and under regional and international human rights treaties. The papers have been prepared by distinguished judges, legal practitioners, government officers and members of non-governmental human rights organisations. The work demonstrates the relevance of international human rights law in domestic cases, and considers practical ways of strengthening effective protection of human rights through constitutional and international laws and mechanisms. The book is arranged on a thematic basis, with each chapter being devoted to papers and discussions on a particular human rights issue. The issues covered are: the use of available remedies; liberty and security of the person; the right to a fair trial; access to court; the right to life and human dignity; freedom of expression; equality before the law; freedom of association; the role of Governments and of non-governmental organisations in the protection and the promotion of human rights.

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia.This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including'codification of private law in post-soviet times','criminal law codification beyond the nation state'and'soft codification of private law'. In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law.This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

Seit der Verabschiedung des Vertrags von Amsterdam im Jahre 1997 hat die Europäische Union eine Vielzahl von Verordnungen auf dem Gebiet des Internationalen Privat- und Verfahrensrechts erlassen. Die daraus resultierenden Probleme der konsistenten Auslegung und wechselseitigen Abstimmung dieser Instrumente waren Gegenstand einer Konferenz, die im Oktober 2014 in Freiburg i.Br. stattfand. Die dort gehaltenen Referate sind in dem vorliegenden Band versammelt. Sie arbeiten Wertungswidersprüche zwischen den verschiedenen Rechtsakten heraus, beleuchten die Rahmenbedingungen für eine kohärentere Regelung und zeigen Perspektiven für eine mögliche Kodifikation des europäischen Internationalen Privat- und Verfahrensrechts auf. Zudem enthält der Band englische Zusammenfassungen der gehaltenen Referate sowie ausführliche Diskussionsberichte.

The 2012 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2012 Fordham Law School Conference on International Arbitration and Mediation, held in London. The 22 papers are organized into the following five parts: Keynote Presentation by Charles N. Brower, Michael Pulos and Charles B. Rosenberg Part I: Investor-State Arbitration by Christoph Schreuer, Philippe Sands, Sam Wordsworth, Barton Legum, Gauthier Vannieuwenhuyse, Jarrod Wong, Donald Francis Donovan Part II: Arbitration of International Financial Disputes by Kenneth M. Kramer, Mark Kantor, Edna Sussman, Jennifer L. Gorskie Part III: Arbitration of International Construction Disputes by C. Mark Baker, Lucy Greenwood, Louis B. Kimmelman, Suyash Paliwal, C. Ryan Reetz, John W. Hinchey, Barbara Helene Steindl Part IV: Arbitration in Asia by Jessica Fei, Damien McDonald, Remington Huang, Michael Pryles, Lawrence Boo Part V: Mediation by Chris Newmark, Donna Ross, Nancy M. Thevenin

One of the great ironies in contemporary sociology of law is that despite Talcott Parsons's enormously influential role as “the midwife of modern sociology,” coupled with his three decades of focused and sustained analysis of the legal system's location in a total and complex society, it is nothing short of appalling that his particular social systems approach to law has been largely neglected. Indeed, although Parsons made only cursory mention of law in some of his best-known works, he extensively discussed the role of the legal system in no less than five important papers and two somewhat lengthy book reviews. What is more, in the two slim paperbacks where Parsons applies his cybernetic systems theory in explaining the progression from premodern to modern societies, he considers law to be an essential element in the analysis of just about every society under consideration: ancient Egypt and the Mesopotamian empires; China, India, and the Islamic empires; the Roman empire; Israel and Greece; medieval Western Christendom; the United States.This volume, the first of its kind, is the most complete articulation of Parsons's treatment of the U.S. legal system's nature and function during the late-twentieth century. In addition to a lengthy Introduction by the editor, the book consists of 26 readings, taken from the full range of Parsons's books and papers, which, in toto, render a detailed analytical roadmap that can today guide much of our sociological thinking concerning such contemporary social issues related to law as citizenship, trust, and governmentality. More than this, Parsons's writings on the courts and the legal profession—both of which he believed to constitute the core of an integrative U.S. citizenry—can inform policy-makers'decisions concerning such controversial issues as immigration, civil rights, and legal ethics.

The celebration of the Centennial of the First International Peace Conference took longer than the original conference itself. For almost two years experts from all over the world exchanged views on the progress, failures, lacunae, and prospects of international law. They focussed their attention on the three topics of the 1899 Hague Conference: disarmament, humanitarian law and laws of war, and peaceful settlement of disputes. Starting with preliminary reports by world-renowned experts in their respective fields of competence (Hans Blix on disarmament, Christopher Greenwood on humanitarian law and laws of war, and Francisco Orrego Vicuña and Christopher Pinto on peaceful settlement of disputes), discussions took place at regional legal advisers meetings, universities, NGO conferences, expert seminars, and over the internet. These culminated in 1999 in two major expert conferences in The Hague (The Netherlands), and St. Petersburg (Russia). The results were reported to the United Nations General Assembly at the closing of the Decade of International Law, later that year. The present volume, compiled by the Centennial organizers and edited by Frits Kalshoven (emeritus professor of international law at the University of Leiden and chairman of the International Fact-Finding Commission established under Article 90 of the 1977 Protocol I for the protection of victims of international armed conflicts), includes both the major documents produced in the course of the Centennial celebrations (printed) and the various discussion papers as they appeared on the internet (on complementary CD-ROM). In addition to the Centennial discussion documents, historical papers on the 1899 conference diplomacy have been provided by Governments representing the 1899 delegations (also on CD-ROM). Together, they provide invaluable information on the achievements of the last century as well as on the direction of international law at the threshold of the new millennium, for both practitioners and students.

The 2011 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2011 Fordham Law School Conference on International Arbitration and Mediation.The 26 papers are organized into the following five parts:Keynote Presentation: George BermannPart I: Investor-State Arbitration, R. Doak Bishop, Margrete Stevens, Alexis Mourre, Lucy F. Reed, Giorgio Francesco Mandelli.Part II: Complex International Commercial Arbitration, Gerald Aksen, James E. Castello, Rocio Digon, Bernard Hanotiau, Dr. Julian D M Lew QC, Pedro J. Martinez-Fraga.Part III: New Rules in International Arbitration, Jason Fry, Victoria Shannon, Catherine Kessedjian, David W. Rivkin, Catherine A. Rogers, Arthur W. Rovine.Part IV: Arbitration in the BRIC Countries, Grant Hanessian, Joaquim de Paiva Muniz, Roman Khodykin, Zia Moody, Shreyas Jayasimha, Andrew Aglionby.Part V: Mediation, Simeon Baum, Jeremy Lack, Joseph T. McLaughlin, Jacqueline Nolan-Haley, Brian Speers, Colin Caughey, Nathan Witkin.

European Sports Law: Collected Papers 2nd edition contains the collected works (1989-2012) of Stephen Weatherill, Jacques Delors Professor of European Community Law, Somerville College, University of Oxford, United Kingdom, with an extensive introduction on the background and rationale for the selected papers.Stephen Weatherill is a leading academic and author on the subject of European Union law and professional sport. His work is of the highest academic standard and practice-oriented at the same time, which has a strong impact on major court cases and the development of international sports law in general.The updated 2nd edition is a vademecum for those involved with international sport and the challenges European law and sport provide and is an indispensable tool for administrators, managers, researchers, academics, marketers, broadcasters, advisers and practitioners.The book appears in the ASSER International Sports Law Series (ISSN: 1874-6926), under the editorship of Dr. David McArdle, Dr. Ben Van Rompuy and Marco van der Harst LL.M.

Der Tagungsband zur internationalen und interdisziplinären Konferenz 2014 analysiert mit Blick auf die Umbrüche in den Ländern des südlichen Mittelmeers die Herausforderungen der Europäischen Außen- und Sicherheitspolitik. Neben einer Bilanz der Europäischen Nachbarschaftspolitik und der Erfahrungen des Europäischen Auswärtigen Diensts in den Ländern der südlichen Peripherie werden die sozio-ökonomischen und sozialen Dynamiken sowie die Bedeutung gesellschaftlicher Akteure, insbesondere islamistischer Gruppen für die Entwicklungen der Region und die EU Politik untersucht. Darüber hinaus integriert der Band die Perspektiven der Türkei und Israels auf die Entwicklungen in der Region und erläutert deren Reaktionen.Mit Beiträgen von: Steffen Angenendt, Maximilian Benner, Dustin Dehez, Çagri Erhan, Burak Küntay, Baran Kusoglu, Amichai Magen, Piril Ocak, Sharon Pardo, Silvia Popp, Alessandro Quarenghi, Stephan Roll, Julia Simon und Jan Šnaidauf.

It was in the early 1990s, more precisely in 1991 shortly after the end of the Cold War, that the Walther-Schücking-Institute at Kiel University - within the framework of its biennial international conferences - started a series of international symposia which, in retrospect, can be subsumed under the overall heading of »international law at the frontiers«. The aim of these thematically closely related symposia, bringing together eminent international legal scholars, was to explore the structural changes that the international system and its legal order were undergoing due to the forces of globalization and the political upheavals following the end of the ideological division of the world. The present papers and proceedings of the fifth conference of the series of symposia brings this project to an end. The authors are exploring the meaning of the concept of the international law of cooperation and the obligation to cooperate in three important areas of modern international law: the international protection of human rights (Lori Fisler Damrosch, New York) international economic and environmental law (Christian Tietje, Halle) and international dispute settlement (Anne Peters, Basel). The implications of the state obligations to cooperate for the conceptualization of sovereingty in present international law are the subject of the fourth paper (Christoph Schreuer, Wien). Although the host of information, provided by the rapporteurs, revealed the immense importance of obligations to cooperate in international conventional law as a steering tool in international relations it also became clear that a general concretization of the meaning of obligations to cooperate cannot presently be established - if ever. The concrete meaning of the obligation to cooperate has to be interpreted within the actual context in which such obligations are stipulated. It was also concluded that obligations to cooperate surely constitute major restraints on the sovereign freedom of action of states. However, they are not incompatible with the notion of state sovereignty as it is recognized under modern international law. States today are embedded in a network of institutionalized legal regimes under which sovereignty - in contrast to the pre-World War I era - cannot legally be exercised at will. Sovereignty has to be re-conceptualized in the light of the international law of cooperation and the ensuing obligations to cooperate that at are crucial for the development on an International Civil Society under the rule of law.

Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 2:1, City University London, course: LLM, language: English, abstract: Aim of the research is to understand Gender Based violence and its existence in contemporary democratic Pakistan. Due to the limited scope of this dissertation, my analysis will be restricted to lack of adequate protection or support given to the women victims. My research carefully considers the differences in the interpretation of secular and Islamic laws, this helped to evaluate the manipulation by the politicians, clergymen and tribal leaders who continue to justify violence against women with erroneous Sharia interpretations or cover it up as a cultural practice. This dissertation also includes a field research with ex-chairperson of All Pakistan Women Association, UK. Considering there are many Pakistani NGOs with their head office branches in London, I hope that this paper can prove to be part of their discussions in conferences. Gender sensitive topics are still considered a ‘taboo'in Pakistan and even though after seeing statistics, hundreds of literature and media reports, there are people who would continue to deny its existence Thus, depriving Pakistan of a positive global status. This dissertation is on my area of interest and my voice for the people who are committed to achieve equality for women, I would want my paper to contribute to the mind-set that wishes to make Pakistan a secure place for its citizens regardless of gender, religion or any discrimination.

We are in the presence of a recent scientific paper, an analysis prepared with professionalism, which deals with a topic of great relevance in the inter-human and inter-state relations that contemporaneity has brought to today's society. The paper aims to know the international law of investment as a require to understand the connection between international investment and the science of law, and can be used as a subject (course) of university study. Mrs. Cristina Popa Tache, PhD., presented several proposals aimed at contributing to the regulation of the legal regime of foreign investment and concluded that it can be seen that the legal regime of foreign investment can evolve only through cooperation in this area of all specialists to strengthen legislative, economic and social cohesion, by creating a comprehensive legislative framework, as well as by promoting appropriate government policies. I would like to accentuate once again the special value of this research work in the international context of a topic full of interest in current international relations. Recommending the reading of a wide circle of people interested in the field of international foreign investment law, I am convinced that those who know this monograph will considerably enrich their information in view of understanding a very current and useful phenomenon for this field of information and legal culture. PhD. Ianfred Silberstein

ASA Special Series ‘We must measure what we value, not just value what is simple to measure.'This statement from the US White House encapsulates the global trend dubbed ESG – an insistence on attending to the natural environment, social values, and responsible governance in business affairs. A salient aspect of this trend is the ‘explosion'of human rights and environment-related disputes that have come to the fore on the international legal landscape. In this timely and crucially important volume, distinguished jurists, representatives of governments and NGOs, and in-house counsel identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive treatment of the nature of ESG disputes and their resolution across both commercial and investment fora. The contributions are based on papers presented at a conference organized by the Swiss Arbitration Association in February 2023. Among the issues and topics raised, many of them relatively new to legal theory and practice, are the following: emergence of nature-related assets and markets dealing in nature-related products; intensification of ESG-related regulation; which disputes could trigger which type of arbitrations; ESG-specific arbitration clauses as risk mitigation measures; controversial role of the Energy Charter Treaty; ESG-compliant supply chains; ESG scoring; rights of nature – recognizing ecosystems as subjects with rights; and the criminal act of ecocide. Of immediate interest is a discussion focused on concrete ways in which each and every arbitration practitioner can contribute to a more environmentally friendly and socially responsible arbitration practice. In its recognition that ESG is profoundly linking environmental and social protection values with the monetary aspects in the life of both corporations and states, the book identifies key drivers for future ESG-related disputes and enables stakeholders to position themselves in an emerging field. It will prove of inestimable value to all practitioners, policymakers, and other professionals dedicated to the protection of natural resources and of human life itself.

This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history.Comparisons are drawn with both global and other regional developments to test the hypothesis of a'European international law'. The work will be of interest to teachers, students and practitioners (legal and otherwise) in the field of international law and relations.

This volume contains the scientific papers presented at the Thirteenth International Conference „Challenges of Business Law in the Third Millennium” that was held on 17 November 2023 in online format on Zoom. The conference is organized each year by the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into five chapters: Emerging Corporate, Contractual Compliance and Ethical Issues in a Global Context; Navigating Cross-Border Legalities; Legal Perspectives on Technological Disruption in the International Sphere; International and European law Dynamics in a Changing Business Environment; Practical and Administrative Considerations. Legal Implications. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.

Any attempt to address the ever-present problem of instability in Africa gives rise to questions regarding legitimate governance. Without future thinking and action on the legitimacy of governance in Africa and how to secure it, past mistakes will go unheeded rather than informing forward movement. Surprisingly, no existing work has comprehensively addressed this critical issue. Legitimate Governance in Africa provides this needed coverage for the first time, examining such key components in the struggle for legitimate governance as the role of the international community in addressing the problem, the particular role women can play and ways in which women can improve their involvement in the whole enterprise of governance, and the roles of non-governmental organizations and civil society. In this diverse collection of essays, a wide range of expert legal contributors, all familiar with the status of the struggle for legitimate governance in a specific institution or particular African state, brings unique perspectives to the scholarly investigation of legitimate governance in Africa. The individual authors have thought deeply about the complexities and subtleties of conducting and evaluating the business of African state governance, considering both the practical sustainability of potential approaches and theoretical problems and issues. The probing, high-quality essays facilitate a real understanding of the obstacles to progress in the struggle for legitimate governance. Through their depth and diversity of views, every one of the papers included in this collection enriches the pool of knowledge on this important subject.

This book is based on an initiative made by the European Space Policy Institute, the European Centre for Space Law and the German Aerospace Center. Students and young professionals worlwide were invited to submit a paper on this topic analyzing and discussing relevant aspects on either environment, economy, security, licencing, or control. The best papers have been included in this volume.

This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the'stranger'in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

This penetrating collection of papers, presents a wealth of detailed information on Mexico's record in recent years in the realms of crime (especially drug trafficking), political corruption, and human rights abuses, and examines the links between these areas and Mexico's well-known economic indicators. The authors, many of whom are Mexican, draw on a wide variety of domestic and international sources, including internal Mexican studies (both governmental and non-governmental), reports and studies from international organizations such as the United Nations and the Organization of American States, and reports from Human Rights Watch/Americas. Mexico: Facing the Challenges of Human Rights and Crime was sponsored by the International Human Rights Law Institute of DePaul University College of Law. Published under the Transnational Publishers imprint.

This volume contains the scientific papers presented at the 3rd Conference on Comparative and International Law that was held on 23 June 2023 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://comparativelawconference.eu. The scientific studies included in this volume are grouped into three chapters: The Season of Changes for International and European Law, The Limitlessness of Comparative Law and Practical Realities in Our Focus. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.

This book is the first volume of a series designed to discuss problems of transnational civil procedure. This first volume on current topics of international litigation is the result of an international symposium in Nagoya, Japan. The contributions discuss problems of provisional measures, international class actions, taking evidence abroad, and preclusive effects of foreign judgments. This first symposium in Nagoya, Japan, is a part of the international research project'Establishing a New Framework for Realizing Effective Transnational Business Litigation'which is sponsored by the Japanese Society for the Promotion of Science and organized by the University of Nagoya, Japan, in cooperation with the University of Freiburg, Germany. The contributions of this volume analyze the laws of England, Germany, Italy, Hungary, Finland, Japan and the United States in areas of special significance for international business litigation. Each chapter of the book contains not only the papers but also the discussions and comments of distinguished participants of the symposium from all over the world.

`In April 1996 the ICJ/UNITAR Colloquium on Increasing the Effectiveness of the Court brought together from all corners of the world judges, legal advisers, practitioners of international law and jurists. It provided an unprecedented opportunity for an in-depth and detailed exchange of views not only on the Court's performance to date, but also on its future role, as well as on possible ways and means of enhancing its operation. There were some fifteen panels, covering subjects ranging from the Court's jurisprudence to its working methods, from assessment of its achievements to evaluation of its ability to handle issues arising from space exploration and the growing concern for the environment. All in all, it was a most comprehensive approach to the subject. This publication, which presents the papers delivered at the Colloquium and the discussions which took place around them, accordingly constitutes instructive reading for all who are concerned with the management and peaceful resolution of disputes. I hope for its widest possible dissemination.'From the Foreword by Kofi A. Annan, Secretary-General of the United Nations.

The very nature of international air transportation and outer space activities means that they have an international perspective. This is more evident today than at any time in the past, due to the intensification of trans-boundary trade, the internationalization of the division of work and the acceleration of technological progress. The Asian Institute of Air and Space Law, the Graduate School of Law, Soochow University, Taipei, the International Institute of Air and Space Law, Leiden University, and the Institute of Air and Space Law, McGill University, have instituted international conferences in order to provide a world platform for eminent specialists and scholars. The Tokyo Conference, upon which this excellent collection of papers is based, was concerned with a wide range of legal and practical questions arising from regulatory developments in international air transportation and in the exploration, exploitation and use of outer space and celestial bodies. The main topics of deliberation were: megacarriers in the 21st century, the need to revise the Bermuda Capacity Formula and the Chicago Convention, liability and responsibility in international aviation, safety, security and environment, airline industry competition, legal and political aspects of space transportation and manned space flights, the protection of the space environment and dispute settlement in air and space law. They are discussed in this volume with unparalleled authority.

The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing ‘modernisation'policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book's contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The authors include prominent practitioners and academics, members of the European Commission, representatives of national competition authorities, and judges from both EU and national courts. They address such salient issues as the following: free competition versus ‘regulated competition'as alternative or complementary models; new methods for the identification of consumer harm and benefits; sui generis competition law regimes for specific sectors; State aid enforcement and crisis management; and the green and digital objectives and their legal and political implications. Taken together, the essays provide extensive treatment of the EU Courts'jurisprudence and the literature in the field. For practitioners, policymakers and academics working with competition law, the book will clearly explain the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe.

Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization'of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination.Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary'for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.

From the dawn of modern international law, manifold treaties (especially peace treaties) have recognized the rights of specific minorities in specific territories. Today -- with Eastern Europe once more in turmoil and with minority groups all over the world clamouring for recognition -- there is a growing awareness that, irrespective of the observance of the fundamental freedoms of individuals, minority groups have their legitimate interests that must be appreciated and accommodated. This collection of essays grew out of an international legal colloquium, held at the Faculty of Law of Tel Aviv University in March 1990. Some of the papers have already been published in volume 20 of the Israel Yearbook on Human Rights, but others are printed here for the first time. The authors come from different parts of the world and represent different legal backgrounds. They are by no means at one in their analysis of the human rights of minority groups, but they all share the sense that problems of minorities cannot be brushed aside or glossed over. It is not too hazardous to forecast that these problems will actually intensify in the 21st century. Whereas they cannot be solved through exclusively legal means, international and constitutional lawyers must do their utmost to identify flash points and to offer at least some prescriptive guidelines. This is the principal purpose of the present volume.

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations'climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. Thisbook is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child's best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.