Search

This book provides a transdisciplinary assessment of multiple countries'legal and policy frameworks vis-à-vis the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication, adopted in 2014 by the Committee on Fisheries of the Food and Agriculture Organization of the United Nations. Based on an appraisal framework used to facilitate the unpacking of those frameworks, this book collects country experiences and regional perspectives on a range of cross-cutting issues underpinning the protection of the rights and the promotion of justice for small-scale fishers and their communities.This book aims to be the first collection to present a systematic and in-depth assessment of existing national legal and policy frameworks vis-à-vis the SSF Guidelines. This assessment is done through the transdisciplinary and collaborative work of researchers, governments, and civil society organizations for the analysis of the cross-thematic questions, which the contributors of this book aim to address. Firstly, what are the relevant laws and policies that matter for securing rights of small-scale fishers and their communities? How are small-scale fisheries defined by national laws and policies? How are small-scale fisheries treated (i.e., specifically or generally) in these instruments? Are there specific provisions and references to small-scale fisheries or any of its associated terminologies (e.g., artisanal, subsistence, traditional, indigenous)? Secondly, how the relevant instruments address the 8 small-scale fisheries key issues outlined in that rapid appraisal study? What are the strengths and gaps in these instruments? Do they address issues that are not covered by the SSF Guidelines? Do they contribute to clarifying other legal issues that are relevant for sustainable small-scale fisheries? Finally, since the book also aims to explore the accessibility of these legal and policy instruments for those to which they matter the most (the small-scale fishers), the following questions were also considered: What challenges do they face in knowing and understanding the relevant laws and policies in place? Which tools, measures and processes are available in the countries to ensure small-scale fishers can claim for their rights? To what extent judicial courts have recognized and/or granted rights to small-scale fishers?Chapters 11 and 20 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level.The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.

This book reveals how the Chinese Party-State uses'ideo-political education'to inculcate young citizens with official narratives on law. It provides an account of China's version of'rule of law'under the Yifa Zhiguo paradigm, arguing that authorities see law as a tool to apply when convenient and ignore when it impedes Party-State goals. Moving beyond the question of whether China's system can count as a rule of law order, this book identifies three consistent features of Chinese law reform since the Opening and Reform era began: the supremacy of the Communist Party of China over the law, instrumentalism, and reform-repression dualism. This book uniquely combines the'what'with the'how'of China's'rule of law'efforts. China law researchers will benefit from understanding how China's young adults learn about official law narratives. A more general audience interested in China's legal and political system will gain valuable insights from the analysis of China's'rule of law.'The growing tensions between China and the West mean that now, more than ever, scholars and policymakers need to properly understand China. Understanding what Chinese officials mean when they talk about the rule of law in China helps avoid policy errors made from mistakenly assuming that Western definitions are universal. The contents of this book can also inform government and university efforts to properly accommodate Chinese students in the West while mitigating harmful manifestations of the nationalist ideology, in part implanted by ideo-political education.

The book explores the prohibition and prosecution of hate speech in international law. Building on the international legal framework, the invaluable jurisprudence of the Trial and Appeal Chambers of the UN ad hoc Tribunals (the ICTY and the ICTR), and views of scholars in the social sciences, the book focuses on two inter-related complexities in prosecuting hate speech in international criminal law: criminal participation and causation. A hypothetical scenario is developed, with numerous actors playing various roles in that given context, with the impact of altering their criminal liability, and raising further questions that touch on the issue of causation in criminal law.

This textbook presents a detailed insight into the structures and processes of preparing students for Model United Nations (MUN) conferences and for attending Model United Nations conferences, subsequently. It serves as a handbook and practical guide for the implementation of MUN into courses and classes in educational institutions. Written by a Faculty Advisor, and offering additional insights from an experienced award-winning MUN delegate, the book provides a particularly exceptional insightful, and well-rounded approach. The author explains how a MUN course can be taught, presents exercises to prepare students for the conference, and discusses how the MUN delegation and trip to the conference can be organized. This comprehensive guide offers insights into a broad range of topics, including debates with peers, diplomacy to solve international crises, and learning about the system of the United Nations (UN) organization through simulation. Further, it covers the development of soft skills and communication at the conferences and building international friendships, while it additionally allows learning more about the UN Sustainable Development Goals (SDGs) in the process. With tips, tricks, and bonus material this book will serve as an anchor throughout the students'first MUN experience, as well as provide valuable help for more advanced participants. The book, therefore, is a must-read for both academic staff teaching MUN, as well as students attending MUN courses and planning to attend MUN conferences.

This open access book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law's interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality. The authors are members of the Finnish branch of the International Law Association (ILA) and recognized experts in their particular fields and have been afforded freedom to adopt the approach they perceive as best suited to their topic. The book is aimed at a broad range of readers involved in academic research and study; lawyers working in government departments, international organizations, or private practice with an international focus; as well as policy makers and influencers in international organizations, government bodies, and non-governmental organizations.

This volume offers a comprehensive evaluation of the concept of global order, with a particular emphasis on the role of regional organisations within global governance institutions such as the United Nations. Building from a solid theoretical base it draws upon the expertise of numerous leading international scholars offering a broad array of timely and relevant case studies. These all take into consideration the historical setting, before analysing the contemporary situation and offering suggestions for potential realignments and readjustments that may be witnessed in the future. The volume adopts an interdisciplinary approach when addressing some of the most pressing issues of global governance which our global community must tackle. This presents the readers an opportunity to understand related topics such as political economy, international law, institutions of global governance, in conjunction with the academic field of International Relations (IR). It further helps students and interested readers understand the theoretical and practical foundations to the changing nature of global affairs.

This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission's powers to adopt these important acts relates to subjects'democratic rights. Accordingly, the book explores the question of how the Commission's powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result asa fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships – loyalty – can be included in the rule-making process.

This book provides an overview of the space sector in African countries, from a legal and policy point of view, analysing how the African Union's Space Policy and Strategy (ASPS) is implemented and highlighting the various space activities in each country. Against this backdrop, it investigates the ASPS, identifying its policy goals identified and discussing its strategy. Moreover, it explores the on-going regional cooperation programmes, the continent's leading space actors and their roles, and the space-related regional fora and organizations, reflecting on various initiatives, including the African Leadership Conference on Space Science and Technology for Sustainable Development (ALC), the Regional African Satellite Communications Organisation (RASCOM), and the African Resource Management Satellite Constellation (ARMS-C). As such, it is a valuable source of information on space capacities in African countries.

This book provides a broad set of information and data on the rise of private actors in the space sector, organized into different topics covering the various trends that have shaped the space sector during the last decade. The book, written in a descriptive fashion, concludes with recommendations for future analytical research on the topic.

This open access book looks at the migration of Southern European EU citizens (from Portugal, Spain, Italy, Greece) who move to Northern European Member States (Belgium, France, Germany, United Kingdom) in response to the global economic crisis.Its objective is twofold. First, it identifies the scale and nature of this new Southern European emigration and examines these migrants'socio-economic integration in Northern European destination countries. This is achieved through an analysis of the most recent data on flows and profiles of this new labour force using sending-country and receiving-country databases. Second, it looks at the politics and policies of immigration, both from the perspective of the sending- and receiving-countries. Analysing the policies and debates about these new flows in the home and host countries'this book shows how contentious the issue of intra-EU mobility has recently become in the context of the crisis when the right for EU citizens to movewithin the EU had previously not been questioned for decades. Overall, the strength of this edited volume is that it compiles in a systematic way quantitative and qualitative analysis of these renewed Southern European migration flows and draws the lessons from this changing climate on EU migration.

The Yearbook on Space Policy, edited by the European Space Policy Institute (ESPI), is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The first part of the Yearbook sets out a comprehensive overview of the economic, political, technological and institutional trends that have affected space activities. The second part of the Yearbook offers a more analytical perspective on the yearly ESPI theme and consists of external contributions written by professionals with diverse backgrounds and areas of expertise. The third part of the Yearbook carries forward the character of the Yearbook as an archive of space activities. The Yearbook is designed forgovernment decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.

This volume has a long and distinguished pedigree. It is the product of an effort to devise clear and unambiguous methods for demonstrating that international regimes make a difference stretching back at least to the early 1990s. What has transpired in the meantime is the development of a suite of useful techniques of analysis rather than the creation of a single, correct methodology for use in this field of study. Our assumption is that we can be relatively confident regarding assessments of the consequences of individual regimes when those employing a variety of methods converge on the same conclusions. When different methods yield divergent conclusions, on the other hand, we can take this as a signal that more work is needed to arrive at convincing judgments regarding the consequences of the regimes in question. Along the way, we came to understand that there is an important distinction between what we describe in this book as simple effectiveness and broader consequences. Most analyses of the effectiveness of international regimes focus on individual cases and seek to assess the performance of regimes on a case-by-case basis. This is entirely understandable. Yet it is now clear that individual regimes not only interact with one another but also operate in and affect broader settings. The study of these broader consequences is less mature than research on the effectiveness of individual regimes.

Dieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfängen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen für die historische wie auch die disziplingeschichtliche Forschung zur Verfügung, die jeweils im historischen Kontext betrachtet werden müssen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.

On behalf of the Russian Federation Committee on Water Economy, I would like to welcome the participants of the NATO-sponsored Workshop on the Problems of the Caspian Sea and the Circum-Caspian States. The world's largest intercontinental sea/lake is well known for its wealth mineral and fuel resources and sturgeon stocks'the products of which (oil and caviar) are in constant demand on the world market. During the last half-century the Caspian Sea has been the focus of the scientific community concerned with its level fluctuations. We were, and still are, solving a two-faceted issue: to rescue the Caspian Sea and to rescue the population from the Caspian Sea. To rescue the Caspian Sea is to address a broad spectrum of environmental issues related primarily to water pollution by waste water and petroleum products. To rescue the population from the Caspian Sea means that an almost 2.5 m sea level rise in the last two decades has resulted in flooding of vast coastal areas deteriorating economic and social spheres of activity. Solutions to these issues are linked to the numerous mysterious aspects of recent Caspian Sea behavior. Regrettably, the collapse of the USSR has led to a decline of marine observations and control over the use of marine resources in the region. Coordinated international action on the protection of living marine resources have terminated, generating disastrous consequences.

Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution “The human right to water and sanitation”. To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book's answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights – including the right to water – as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sector; and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.​

The scope of this study is narrow-the activities of a single ambas­ sador for little more than two years. The problem it treats is wide and universal-the origins of a great war. There can be no adequate history of the relations between states whieh does not take into account the knowledge, judgment and deci­ sions of individual statesmen. Diplomatie history, though only a part, is a necessary part of the history of international relations. Within a more or less c10sely circumscribed range of possibilities, men in power choose between alternative policies, with results they may or may not have anticipated. The historian therefore can and should describe the past, present and future, as it were, of the historical persons whom he studies: the past whieh provides them with oppor­ tunities and limitations, both objective and subjective; the present in whieh they act; the future in whieh the consequences of their actions appear, for the most part beyond their control. This is a study of the part played by a great diplomat-the perfect ambassador, his own age called hirn-in the formation of policy. My task has been a dual one. First, I have observed Arnauld de Pomponne at work. Second, I have attempted to evaluate the French plans for war against the Dutch republic, with particular attention to Pom­ ponne's contribution to them.

One respect in which the United Nations has departed most widely from the League of Nations in its practice has been the method adopted by the Security Coundl for handling legal questions that arise in connection with its work. While the League Coundl followed the practice of re­ ferring to the Permanent Court of International J ustice many questions of a legal nature arising in connection with its activities, including many that arose in connection with the handling of actual disputes, the Se­ curity Council of the United Nations has on no occasion requested an advisory opinion from the Court. All questions that have been sub­ mitted to the Court by organs of the United Nations have been sub­ mitted by the General Assembly. Nor has the Security Council, in the course of its activities, seen fit to rely on any other external body or even on a sub-committee of legal experts for the clarification of the issues of a legal nature that have arisen in the course of its deliberations. This attitude on the part of the Security Council was no doubt to some extent antidpated in the discussions that took place in con­ nection with the drafting of the Charter where great emphasis was placed upon the political nature of the responsibility of the Security Council and of its members for the maintenance of international peace and security.

In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta­ ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi­ dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation­ al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as'states,'and has had at last to yield at least to the concept that an international organization may also be a subject of inter­ national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no­ tions; they must be revised to be brought into line with reality.

Six years after the rendering of the Nuremberg Judgment world conditions are not such as to encourage a study on what constituted its principal innovation in the legal field: the punishment of the authors of aggressive war. The war alliance against the Axis Powers which was the political basis of the Nuremberg Trial and of the United Nation~ Organisation has broken up. Mutual fear, threats and accusations and a gigantic armament race are the dominating factors in international life during the cold war period, and the minds of statesmen, military men and lawyers alike are more preoccupied with the problem of how to win a possible third world war than with that of preventing its occurrence and avoiding responsibility for its outbreak. While the survival of their freedom and civilization is at stake, the nations seem more intent on preparing for what is vaguely and equivocally called'self-defence'than on accepting and assuring the reign of law. The strain of the protracted struggle in Korea, moreover, seems to turn the first experiment with military sanctions against an aggressor into a classic game of power politics. It is not surprising that in such circumstances little energy is displayed in efforts to implement the principles to which the United Nations pledged themselves in Nuremberg, and that many statesmen and lawyers seem prepared to abandon, at least for the near future, the precedent of the time of alliance, expression of confidence in the victory of law over force.

The third volume of the European Yearbook of International Economic law focuses on two major topics of current academic and political interest. Firstly, it adresses the 10th anniversary of China's accession to the WTO and its implications; secondly, it deals with different legal aspects of global energy markets.

The special diplomatic agent has played in the history of American foreign policy an important and, it is safe to say, unique role. The names of Colonel House and Harry Hopkins come, of course, right away to mind. But there have been others: John Quincy Adams, Ber­ nard M. Baruch, Henry Clay, Albert Gallatin, James Monroe, John Randolph, Daniel Webster, Wendell Wilkie, for instance. At the beginning of American history, the use of the special agent was primarily due to the scarcity of available talent. Later it was due to the low quality of many diplomatic representatives, chosen for political reasons and without regard for their diplomatic qualifications. More recently, the President has availed himself of the special agent in order to make sure that his will prevails in the conduct of American foreign policy. The institution of the special agent is indeed inseparable from the preeminent, contested and uncertain role the President plays in the determination of American foreign policy. Since the Constitution is silent on that point, the ultimate determi­ nation of American foreign policy has been throughout American history a subject ot controversy between the President and Congress.

Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e., the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber­ some. 1 E. g., the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.

Mobile phones are the most ubiquitous communications technology in the world. Besides transforming the way in which we communicate, they can also be used as a powerful tool for conflict prevention and management. This book presents innovative uses of mobile technologies in the areas of early warning, disaster and humanitarian relief, governance, citizens'participation, etc. and cuts across different regions. The book brings together experts and practitioners from different fields—mobile technologies, information systems, computer sciences, online dispute resolution, law, etc.—to reflect on present experiences and to explore new areas for research on conflict management and online dispute resolution (ODR). It also reflects on the transition from present ODR to future mobile Dispute Resolution and discusses key privacy issues. The book is addressed to anyone involved in conflict prevention and dispute management aiming to learn how mobile technologies can play a disruptive role in the way we deal with conflict.

Part one of Vol. 2 (2011) of the European Yearbook of International Economic Law adresses two major topics of current academic debate and public interest: firstly, it focuses on the State and the Global Economy, secondly, on Climate Change and International Economic Law. Part two contains treatises of recent regional integration developments taking place in the major regions of the world. Part three covers the legal and political developments in the major international organizations and fora dealing with international economic policy making. Part four contains book reviews of recent works in the field of International Economic Law.

The first volume of the new Yearbook tries to catch the broadness of contemporary International Economic Law. In part I, it brings together articles on a variety of subjects, reaching from exchange rate manipulation and financial market supervision over international investment law including the growing investment protectionism to recent developments of the external economic constitution of the European Union and the relationship between climate change and International Economic Law. Part II covers the major regional economic integration developments around the globe, analysed in different articles covering the different regions. Part III informs about recent activities in some of the major global economic institutions.

Located within wider debates about ‘security versus liberty'in our post 9/11 world, the book analyses the new landscape of UK counter terrorism powers and offences and focuses upon the deleterious consequences of the so-called ‘war on terror'on freedom of political expression and association. Questioning the compatibility of recent speech-limiting measures with liberalism's established commitment to free speech and international human rights norms, the book takes a critical look at new powers to proscribe ‘extremist'political parties, possession offences and other criminal controls (eg. Official Secrets Act prosecutions) as well as new offences such as ‘glorification'of terrorism. Less visible, extra-legal forms of censorship are also evaluated. The monograph concludes by asking how a more vigorous defence of unorthodox and unpopular forms of expression might be safeguarded in the UK.